Cerebral palsy (CP) can impact all aspects of your child’s life. The equipment and therapy necessary to help them reach their fullest potential are not cheap. A Detroit cerebral palsy lawyer can help you recover compensation to pay for their care if their CP was caused by negligence.
Call the Birth Injury Lawyers Group today for help with your claim. Since we founded the law group in 2003, we have secured over $750 million for clients. One of our Michigan cerebral palsy lawyers can help you fight to build a better future for your child. Call today for a free case evaluation.
Compassionate Detroit Cerebral Palsy Attorneys
In 2002, founding attorney Robert Goldwater and his wife experienced the challenges of having triplets born almost four months prematurely. Each of their children needed a feeding tube following birth, and two were later diagnosed with cerebral palsy.
That experience had a lasting impact on Robert and ultimately led him to create the Birth Injury Lawyers Group. While his children’s conditions were not caused by medical negligence, Robert knows from personal experience how overwhelming it can be for parents caring for a child with serious medical needs. Our cerebral palsy lawyers are on your side.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Is Cerebral Palsy
There is no one test to specifically confirm cerebral palsy, but your doctor may take steps to evaluate how your child is affected. Getting an accurate diagnosis and understanding of how significantly cerebral palsy affects your child is a key part of recovering compensation.
Common types of cerebral palsy include:
- Spastic cerebral palsy: The most common type, this form causes stiff, tight muscles and limited movement. It may affect the legs, arms, or other parts of the body.
- Dyskinetic cerebral palsy: This type causes involuntary movements that may be slow, twisting, jerky, or repetitive. Movements can affect the face, arms, legs, and torso.
- Ataxic cerebral palsy: This less common form primarily affects balance, coordination, and control of movement. Children may have difficulty walking or performing precise tasks.
- Mixed cerebral palsy: Some children have symptoms associated with more than one type of cerebral palsy. The most common combination involves both spastic and dyskinetic symptoms.
Any future treatments that your child might need for their condition can be factored into your malpractice claim. Our cerebral palsy attorneys in Detroit may collaborate with experts from different fields to accurately assess the costs associated with your child’s future care needs.
Detroit Cerebral Palsy Lawyer Near Me (800) 222-9529
The Symptoms of Cerebral Palsy
Cerebral palsy can affect movement, muscle control, coordination, and development in different ways. Symptoms vary from child to child and may change as the child grows. Some children have mild symptoms, while others need significant assistance with daily activities.
Common cerebral palsy symptoms may include:
- Abnormal muscle tone: Muscles may be unusually stiff, tight, or weak.
- Involuntary movements: Some children may have uncontrolled shaking, twisting, or other movements.
- Problems with balance and coordination: A child may have difficulty walking, standing, reaching, or controlling movements.
- Delayed motor development: Children may take longer to roll over, sit, crawl, stand, or walk.
- Difficulty with speech or swallowing: Cerebral palsy can affect the muscles used for speaking, eating, and swallowing.
- Abnormal reflexes: Reflexes may be exaggerated or develop differently than expected.
- Difficulty with fine motor skills: Tasks such as holding objects, writing, using utensils, or getting dressed may be challenging.
- Seizures or other related conditions: Some children with cerebral palsy may also experience seizures, vision problems, hearing difficulties, or cognitive challenges.
Cerebral palsy symptoms are not apparent at birth, but infants with severe cases may begin to miss motor milestones. Some children do not receive their diagnosis until they reach school age. If your child is missing significant motor milestones, you and your doctor may be concerned about cerebral palsy.
"We know first-hand what you are going through."
Medical Malpractice Can Cause Cerebral Palsy
According to the Mayo Clinic, cerebral palsy can stem from injuries and complications during a child’s delivery. Birth trauma can be linked to medical malpractice.
When a child develops cerebral palsy due to a preventable birth injury caused by medical malpractice, the family may get compensation to help cover the extensive medical costs and lifelong care the child will require.
Medical errors that can cause cerebral palsy include:
- Failure to properly monitor the baby’s heart during labor and delivery: Fetal heart monitoring provides important information about how a baby is tolerating labor. Abnormal changes may indicate that the baby is not receiving enough oxygen.
- Failure to detect a prolapsed or compressed umbilical cord: The umbilical cord supplies the baby with oxygen and nutrients. If the cord slips through the cervix ahead of the baby or becomes compressed during labor, blood and oxygen flow may be reduced.
- Failure to properly treat infections in the mother during pregnancy: Healthcare providers should identify and appropriately treat infections when necessary. A failure to diagnose or manage a serious infection may contribute to pregnancy or birth complications.
- Failure to perform a necessary C–section: In some situations, an emergency cesarean delivery may be necessary when continuing labor puts the mother or baby at significant risk. If providers recognize signs that an urgent C-section is needed but unreasonably delay or fail to perform the procedure, the baby may suffer preventable harm.
- Negligent use of delivery instruments: Forceps and vacuum extractors can sometimes be necessary to assist with delivery. However, improper use, excessive force, incorrect placement, or failure to recognize when an instrument-assisted delivery is unsafe may cause serious complications.
If a medical professional failed to meet a standard of care before, during, or after your child’s birth that caused life-altering injuries, you are a victim of negligence. Find a Detroit cerebral palsy lawyer near you and talk to them about your legal options.
Our attorneys will evaluate your case, establish liability, and assign monetary value to your damages. We will initiate the legal process so you can receive the compensation you need from the responsible party.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Damages Available in a Detroit Cerebral Palsy Birth Injury Case
If your child suffered a preventable birth injury that led to brain damage and their cerebral palsy diagnosis, you may recover a financial payout based on your economic and non–economic damages.
Depending on your actual losses and expenses, recoverable damages for a cerebral palsy claim could include:
- Current and future medical treatment and care
- Physical, occupational, and speech therapy
- Ongoing care costs
- Expenses related to mobility equipment and other prescribed devices
- The cost of remodeling or retrofitting your home for limited mobility access
- Other out-of-pocket expenses
- Pain and suffering
Our cerebral palsy attorneys in Detroit will calculate all your expenses related to the birth injury. We may also work with experts from different fields to estimate your future losses accurately. After all, living with cerebral palsy requires ongoing care and lifestyle adjustments.
Who Is Responsible for Your Child’s Cerebral Palsy?
Holding the responsible healthcare provider legally accountable is the only way to obtain full financial compensation to cover the lifetime costs of care. Cerebral palsy results in significant, ongoing medical expenses and potentially lost earning potential.
Securing a settlement or jury award against the negligent party can give you the resources to care for the child properly. Since so many people are involved in prenatal care, the birth process, and postnatal care, it is very difficult to identify the at-fault party without assistance from an experienced Detroit cerebral palsy attorney.
The following parties could be at fault in your cerebral palsy case:
- Obstetrician
- Hospital staff or midwives
- Nurses
- Anesthesiologists
- Hospital administration
- Prenatal care providers
- Delivery room personnel
- Pediatricians
- Medical equipment manufacturers
The process for recovering compensation in a cerebral palsy claim depends largely on who may be responsible for the child’s injury. If a doctor, nurse, or hospital is at fault, the case may involve medical malpractice. We will focus on whether the provider failed to meet the appropriate standard of care and whether that failure caused the injury.
If defective medical equipment contributed to the child’s condition, the claim may instead involve product liability. This requires an investigation into whether the device was defectively designed, manufactured, or labeled.
Proving Negligence in a Cerebral Palsy Case
Doctors and other healthcare providers have a fundamental duty of care to their patients, the mother and child. This duty of care requires them to uphold the accepted standards of medical practice and exercise a reasonable level of skill and diligence when providing prenatal, delivery, and postnatal care.
Failure to meet this duty of care (through negligence, recklessness, or substandard medical decision-making) can lead to preventable birth injuries like cerebral palsy. When this occurs, the healthcare providers responsible may be held legally liable for the resulting damages.
To prove negligence, our cerebral palsy lawyers in Detroit focus on these key elements:
- Duty of care: The healthcare provider had a responsibility to provide appropriate and reasonable care to the mother and child.
- Breach of duty: The provider failed to meet that responsibility by making an error, delaying treatment, ignoring warning signs, or otherwise providing substandard care.
- Causation: The provider’s actions or failure to act caused or contributed to the child’s brain injury and cerebral palsy.
- Damages: The child and family suffered losses because of the injury, including medical expenses, therapy costs, ongoing care needs, and other financial or personal harms.
Our Detroit cerebral palsy lawyers may review many types of evidence to determine whether medical negligence caused or contributed to a child’s injury.
Medical experts can review the evidence and explain whether the care met accepted medical standards and whether a medical error or delay contributed to the child’s brain injury.
How Do Detroit Cerebral Palsy Attorneys Prove a Birth Injury Lawsuit?
In a cerebral palsy medical malpractice lawsuit, it’s essential to gather as much evidence as possible. Only through medical documents, witness testimony, and the opinions of medical experts can an attorney prove that someone is at fault.
When you hire one of our Detroit birth injury lawyers, we will get to work immediately to prove that the professionals who treated you are guilty of medical negligence. By showing the insurance company or the court that someone is to blame for your child’s CP, we will get you as much financial compensation as you deserve.
Can You Sue for Cerebral Palsy?
If you’ve been affected by malpractice, you may have a chance to sue the hospital or medical professional who was at fault. Your settlement will depend on the extent of your child’s injuries and your current and future damages.
Our Detroit birth injury attorneys can assess whether you can file a personal injury claim for your child’s condition. After your free consultation, we will begin working on your malpractice case to ensure you’re compensated for your medical expenses.
A Detroit Cerebral Palsy Diagnosis May Support Legal Action
We can help you if your baby suffered birth injuries in Detroit. Many types of birth injuries, including cerebral palsy, may have been preventable. Our Detroit cerebral palsy attorneys can collect evidence, including enlisting the help of a medical expert witness to support your claim.
With a strong case, your family may collect damages and hold the negligent medical care provider liable for your child’s medical condition.
You Have a Limited Time to File a Birth Injury Lawsuit
Under Michigan’s statute of limitations imposed by Michigan Statute § 600.5805 of the state civil code, most malpractice injury claims must be filed within two years. However, there are additional rules that may apply.
You could toll the statute of limitations or define the date of discovery later than you think. Your Detroit cerebral palsy lawyer can help you understand the deadlines that apply to your case.
Every state has time limits for how long you can wait to file a birth injury medical malpractice lawsuit and a unique process you need to navigate before you file suit against the liable doctor or hospital. Discuss your case with our Detroit cerebral palsy attorneys.
Talk to a Cerebral Palsy Attorney in Detroit
If your child has a cerebral palsy diagnosis or you believe their motor delays stem from a birth injury, discuss the facts with a birth injury medical malpractice lawyer. They can help you understand if you may have a case for financial recovery.
Seeking compensation offers a way to reduce your family’s financial stress and ensure your child gets the care, therapy, and support they need.
Contact the Birth Injury Lawyers Group today to speak to an experienced cerebral palsy lawyer in Detroit.
"We are committed to helping families who have suffered medical negligence."