Discover how a Michigan cerebral palsy lawyer can help you secure the future of your child born with a birth defect caused by a medical mistake!
Our Michigan cerebral palsy lawyers know that raising a healthy child is difficult enough, but raising a special needs child poses additional significant challenges to parents. A child born with cerebral palsy will most often require significant medical attention, individualized education, specialized transportation and housing needs. Many parents even quit their jobs in order to spend the necessary time to raise their child and their greatest concern is who will take of their child when they are no longer able to do it themselves.
When cerebral palsy was caused by a medical error of a physician, nurse or hospital, there are legal options available to pursue for both the parents and child. Birth injury lawsuits provide parents the financial means and support necessary not only to raise their child, but to also to provide the security and peace of mind for their child's lifetime. Many birth injury lawsuits result in settlements and jury verdicts well in excess of $5,000,000.00 for these very reasons.
Cerebral palsy is a common birth injury caused by damage to the motor areas of the brain. Medical professionals are required to recognize changing conditions in the fetus and mother during pregnancy, labor & delivery, and immediately after birth. The failure to provide the necessary medical care and treatment can cause cerebral palsy and result in lifetime harm to the baby.
Can I File a Lawsuit if my Child has Cerebral Palsy?
Suing a hospital or doctor in a cerebral palsy lawsuit requires more than just proving that a child has a birth injury. Under Michigan law, the main factors needed to prove a cerebral palsy medical malpractice case are:
- The existence of a doctor-patient relationship (or hospital, urgent care, or clinic)
- That the medical care or treatment provided to the mother during pregnancy or at the time of giving birth was below the acceptable standard of care, including the failure to make a medical diagnosis or provide necessary treatment for a condition, or
- The medical care or treatment provided to the child at or before the time of delivery, or after birth, was below the acceptable standard of care
- That the medical negligence caused cerebral palsy or other harm to the baby
- The child suffered quantifiable harm as a result of the medical malpractice, which would include pain and suffering, disability, loss of future income, loss of enjoyment of life, special educational needs, medical expenses and other economic harm.
What are the Common Medical Errors In Cerebral Palsy Lawsuits?
Cerebral palsy is often caused by a reduction in oxygen (or hypoxia) during birth. Hypoxia is caused by several factors, many of which could have been prevented with proper treatment and care. The common types of negligence alleged in a cerebral palsy lawsuit include:
- Failure to order specific tests during pregnancy or not interpreting these tests correctly
- Failure to perform a cesarean section in the presence of fetal distress
- Failure to deliver the infant when the membranes have been ruptured for more than 24 hours
- Failure to properly monitor the fetus and respond to signs of fetal distress
- Failure to act quickly when the water broke, when there was unexpected bleeding, or when maternal blood pressure rose suddenly
- Failure to monitor the baby immediately after birth and to note signs of jaundice, hyperbilirubinemia, or infections
- Failure to refer the expectant mother to a specialist when problems arose during pregnancy.
How do I file a Michigan Cerebral Palsy Lawsuit?
The first step is to contact our experienced cerebral palsy lawsuit lawyers. We will get all of the pre-natal records, hospital records, and post-birth records and our legal team will carefully review them . We will then consult with the top national medical experts to determine if medical negligence caused the birth condition and how this condition will affect the child throughout his or her lifetime. We will then give you an honest opinion on whether you have a case or not.
If we determine that you can file a lawsuit, we will send out the required Notice of Intent to File Lawsuit to all doctors and hospitals who might responsible for the harm suffered by the child. This must be sent out more than six months before a lawsuit can be filed in the circuit court.
Michigan medical malpractice law also requires that every lawsuit alleging negligence by a licensed medical provider have an Affidavit of Merit attached to the Complaint filed with the court. The Affidavit of Merit is a notarized legal document signed by a physician serving as an expert witness. It contains the medical reasons for the expert's opinion that medical malpractice or negligence by a doctor or hospital caused injury, harm, or death to a patient.
Our lawyers work with the medical experts to obtain the Affidavit for you. In cases involving more than one negligent doctor or hospital, it may be necessary for us to get multiple Affidavits from physicians with different specialties. Once all of the Affidavits are received, a lawsuit can be filed in the circuit court for the county where the medical treatment occurred.
How Much are Settlement Amounts for Cerebral Palsy Lawsuits?
The amount of a cerebral palsy lawsuit settlement depends on the strength of the evidence in proving the that medical negligence caused the birth injury. There is no set guideline or formula to determine the amount of a settlement. It is the experience of a skilled attorney that can determine the fair settlement based upon the factors needed to prove and win a case.
When medical negligence can be proven in a cerebral palsy case, the amount of the settlement is often substantial. Settlements in these lawsuits includes compensation for the lifetime disability of the child, special education needs, specialized housing and vehicle needs, medical equipment, medical expenses, and the overall costs of caring for a child with special needs.
Other settlement factors include the insurance policy limits of the doctor and hospital, the severity of the injuries, and the county where the lawsuit was filed. Hospitals and insurance companies evaluate the same factors when deciding if they want to settle a lawsuit or take it to trial. These factors also determine the amount of a settlement.
Examples of Our Michigan Birth Injury & Cerebral Palsy Settlements
- $7,530,000 Settlement for a child who suffered permanent blindness in Detroit
- $3,000,000 Settlement for child who suffered severe injury from a vacuum extractor.
- $1,950,000 Settlement for a child who suffered fetal asphyxia, resulting in cerebral palsy.
- $1,900,000 Settlement for a child who suffered birth trauma during delivery.
- $975,000 Settlement against medical providers who were negligent, resulting in cerebral palsy.
Who are the Best Michigan Cerebral Palsy Lawyers?
Our legal team includes the most successful cerebral palsy attorneys in Michigan. Buckfire & Buckfire, P.C. and our lawyers have won the top awards in the legal profession, including:
- U.S. News & World Report Best Law Firms
- "Best Michigan Personal Injury Attorney" by American Lawyer Academy
- Named Top 100 Trial Lawyers in Michigan
- Honored as "Super Lawyers"
- Top Martindale-Hubbell Rating (AV) for Skill & Integrity
What are the Lawyer Fees for Michigan Cerebral Palsy Cases?
Our experienced Michigan cerebral palsy attorneys will represent you under our No Fee Promise. This is our guarantee that it will cost no money whatsoever to get the case started and you never have to a penny until there is a settlement. We will get all of the medical records and pay to have them reviewed by some ot the nation's top physicians. If the case is unsuccessful for any reason, you owe us nothing. We promise you in writing:
- No money to hire us or to get started
- We pay all case costs and expenses
- There are no legal fees whatsoever unless you receive a settlement
- You can call us anytime for free, forever.
Start Your Michigan Cerebral Palsy Claim
There are three ways that you can get started on your birth injury lawsuit. You can:
- Chat with our online intake specialist. Your information will be sent directly to an attorney who will contact you.
- Submit the Free Case Review Box on this page. We will contact you shortly.
- Call (800) 606-1717 any time of day to tell us about your case.
Warning: There are strict time deadlines for filing Michigan cerebral palsy lawsuits. Call us to learn more about birth injury lawsuits & settlements.