Cerebral palsy can impact all aspects of your child’s life. The equipment and therapy necessary to help them reach their fullest potential is not cheap. You may be able to seek and recover compensation to help pay for their care and support if their CP was caused by negligence.
For help with your claim, call the Birth Injury Lawyer Group today. One of our Detroit cerebral palsy lawyers can help you understand the facts of your case and what they mean for your family’s financial recovery.
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Can Medical Malpractice 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. Ways that cerebral palsy is caused by malpractice include:
- Failure to properly monitor the baby’s heart during labor and delivery
- Failure to detect a prolapsed or compressed umbilical cord
- Failure to properly treat infections in the mother during the pregnancy
- Failure to perform a necessary c-section
- Negligent use of delivery instruments
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.
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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.
A Michigan birth injury attorney can meet with you to see if you are able to file a personal injury claim for your child’s condition. After your free consultation, we will get to work on your malpractice case to make sure you’re compensated for your medical expenses.
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A Detroit Cerebral Palsy Diagnosis May Support Legal Action
We can help you if your baby suffered birth injuries in Metro Detroit, including anywhere in Wayne County. Many types of birth injuries, including cerebral palsy, may have been preventable. Your Michigan cerebral palsy lawyer may be able to collect evidence, including enlisting the help of a medical expert witness to support your claim.
With a strong case, your family may be able to collect damages and hold the negligent medical care provider liable for your child’s medical condition, pain and suffering, and fight against cerebral palsy.
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How Do Lawyers Prove a Cerebral Palsy 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 Michigan 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.
What You Need to Know About Cerebral Palsy
According to the Mayo Clinic, 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.
There is no one test to specifically confirm cerebral palsy, but your doctor may take steps to evaluate how your infant, toddler, or child is affected. Getting an accurate and complete diagnosis and understanding how significantly cerebral palsy affects your child is a key part of recovering compensation on your child’s behalf.
Any future treatments that your child might need for their condition can be factored into your malpractice claim. Be sure to tell your birth injury attorney any diagnoses or future damages that you expect to receive.
Damages Available in a Detroit Cerebral Palsy Birth Injury Case
If you and your attorney can prove that your child suffered a preventable birth injury that led to brain damage and their cerebral palsy diagnosis, you may be able to recover a financial payout based on your economic and non-economic damages. Depending on your actual losses and expenses, this 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
- Other non-economic damages
The Timing of Your Detroit Cerebral Palsy Case Is Key
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 of the discovery of the injury. However, there are additional rules that may apply.
You may be able to toll the statute of limitations or define the date of discovery later than you may think. Your Detroit cerebral palsy lawyer will be able to help you understand the deadlines that apply in 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. For this reason, it is best to discuss your case with an attorney who knows the laws in your state and frequently handles birth injury cases.
Talk to a Cerebral Palsy Attorney Serving Metro Detroit
If your child has a cerebral palsy diagnosis or you believe their motor delays stem from a birth injury and you are working toward a diagnosis, discussing the facts of your case with a birth injury medical malpractice lawyer 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 birth injury lawyer in Michigan.