Cerebral palsy lawsuits in Michigan are very complicated and therefore can take quite some time to develop and litigate. Initially, it will take several months for your lawyer to obtain all of the pertinent medical records and review them. If, after reviewing the records, the Michigan cerebral palsy lawyer identifies areas of medical negligence or medical errors, the medical records are sent to board certified physicians to obtain their expert opinions on the merit of the potential malpractice claim. If the experts believe that there was medical negligence in the care provided that directly led to the child suffering a brain injury or cerebral palsy, the attorney will then file a Notice of Intent to File Claim as is required by Michigan law. The Notice of Intent provides all medical providers of the potential claim in writing.
Once the Notice of Intent has been sent, there is a six month waiting period before the cerebral palsy lawsuit can be filed in court. This waiting period is used to allow the lawyers representing the negligent physicians and/or hospital to obtain copies of the medical records and either prepares to defend the case or attempt to settle the claim pre-suit. If the case cannot be settled during the six month waiting period, the case is then filed in the appropriate circuit court along with affidavits of merit from the expert physicians certifying that the case has been reviewed and has merit. Once the case is filed in court, it generally takes approximately one year before the case may go to trial if it cannont settle before trial. As this whole process can take considerable time, it is important for you to contact a Michigan cerebral palsy lawyer as soon as possible if you believe your child might have a claim.