Parents of a child born with cerebral palsy often wait many years before considering whether to file a medical malpractice lawsuit on behalf their child. The first several years after the birth of the child are often filled with doctors' appointments and other family matters that delay a parent even from thinkign about a cerebral palsy lawsuit. However, it is important that a decision be made before the child gets too old because the case may then be barred by the statute of limitations.
A child with cerebral palsy has unitl his or her 10th birthday in which to bring a medical malpractice lawsuit in the State of Michigan. If the child is over the age of 8 years old when the alleged malpractice occured, he or she would have the same statute of limitations as an adult which is two years from the date of alleged malpractice or six months from when he or she discovers or should have discovered the potential claim, whichever is later. However, there are certain circumstances where mental incapacity may allow a child with cerebral palsy to bring a lawsuit even after the age of 10.
Determining the applicable statute of limitations and the filing suit deadline can be confusing, so it is important that you contact our Michigan cerebral palsy attorneys to assist you. We will evaluate your claim and determine whether a birth injury lawsuit can be filed in a timely manner. We also handle your case under our No Fee Promise, which means there are absolutely no legal fees or costs unless you recieve a settlement.