This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.
For any content issues please Contact Us.
If you live in Michigan and have a child diagnosed with cerebral palsy due to medical mistakes, a Michigan cerebral palsy could be your best ally. An experienced lawyer can help you recover damages from those responsible for your child’s disorder. A qualified attorney can also assist you if your child has experienced discrimination.
Why You May Need a Michigan Cerebral Palsy Lawyer
There are several reasons you may need a lawyer if you have a child diagnosed with cerebral palsy. Perhaps the most important is that your child’s condition could have been caused by a medical error that should never have happened.
Medical malpractice cases can be complicated to win without the right representation. A qualified attorney can assist you through the entire process.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
A Michigan cerebral palsy lawyer is a lawyer with specialized expertise in disabilities and medical malpractice. You need this type of attorney, not a general practice lawyer, to give you the best chance of winning a case against a medical center and its insurance company’s legal team.
A cerebral palsy attorney can help you make essential decisions, start and go through a lawsuit, and potentially recover the damages that will provide the best care for your child.
Another way a Michigan cerebral palsy lawyer can help you and your child is if you face discrimination based on disabilities.
Some laws protect disabled children and ensure they have access to the same education, within reason, as other children. If your child is being denied these rights, you need a good lawyer to fight back.
Finding the Right Lawyer for Your Child
To find a Michigan cerebral palsy lawyer, start with other parents you know who have been through this before you.
Local support groups for parents of disabled children, community organizations that help the disabled, and similar groups, can be excellent sources of referrals for cerebral palsy lawyers.
If you don’t know anyone who has been through this or can refer you, check with the state’s bar association. Here you’ll find lawyers with the right specialty and in good standing.
Be sure to shop around, ask questions, get references, and find a lawyer or law firm with whom you truly feel comfortable working. You may need assistance from your lawyer for years to come.
Medical Malpractice Laws in Michigan
Medical malpractice laws can be confusing, so you need a lawyer with in-depth knowledge of those laws in Michigan to help you. For instance, you may not realize that there is a time limit to filing medical malpractice cases.
In Michigan, you have two years from when the negligence occurred or six months from when you discovered it to file. No claim can be started more than six years after the actual medical error.
It is important to be aware of the laws regarding damages recovered in malpractice cases. Like many other states, Michigan limits how much you can recover in a case.
Economic damages for things like medical bills are not limited, but there is a cap on non-economic damages. The cap is higher for cases in which the victim cannot live independently, but it is still less than $1 million.
Further, there is a law in Michigan that makes it difficult to start a successful medical malpractice case without the assistance of a lawyer. You must file an affidavit of merit before you can file a lawsuit.
An affidavit of merit is signed by medical experts and states your case has merit and that there is evidence malpractice occurred. The right lawyer will have access to experts who can provide this document.
Michigan Disability Laws
For discrimination issues against your child, you need the advice of a lawyer with expertise with Michigan disability laws.
In Michigan, you can file complaints with the Michigan Civil Rights Commission, but you may also need to start a lawsuit based on federal laws that protect your child.
The right lawyer will be able to tell you which laws apply. The federal Individuals with Disabilities Education Act ensures that disabled children get a free and appropriate education. When these laws are violated, an attorney can assist you in getting justice.
Cerebral Palsy Cases in Michigan
In 2018, a medical malpractice case over cerebral palsy resulted in one of the largest jury-awarded settlements in the state’s history. Although the award was set to be reduced to fit Michigan’s law that caps non-economic damages, the jury felt the boy and his family were owed over $130 million in damages.
The boy, Vinh Tran, was born at Beaumont Hospital in 2006. The family’s lawyers proved that two medical technicians at the hospital were negligent in actions that resulted in his loss of oxygen, brain damage, and severe cerebral palsy.
The baby struggled to breathe as the techs attempted to start an IV. They did not call a code blue in time, nor did they begin standard chest compressions on the baby. He will now need care for the rest of his life.
Other recent lawsuits in Michigan address the rights of disabled children and adults with cerebral palsy. Not yet resolved, one case is being brought by the family of a woman whose teacher and school aides are accused of repeatedly abusing her, according to court documents.
These professionals have been accused of slapping her, taping her mouth shut, and locking her in the bathroom, among other charges.
In addition, two young men in Michigan have recently filed a discrimination claim against Walmart. They have cerebral palsy and worked as greeters at a local store. They are presenting the lawsuit because they believe that the company specifically fired them because of their disabilities.
Walmart has generally come under fire lately for firing greeters, many of whom are disabled.
If your child has cerebral palsy because of a medical error or if your child is facing discrimination or abuse because of disabilities, you need a good lawyer on your side. A Michigan cerebral palsy lawyer will help you fight for justice and your child’s rights.
- Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
- Michigan legislature. REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961. (n.d.). Michigan Legislature
Retrieved from: https://www.legislature.mi.gov/(S(b14r1uasoacqfswl22be1kgm))/mileg.aspx?page=getObject&objectName=mcl-600-1483
- Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx
- Jury awards family $130M in malpractice case. (2018, September 25). WXYZ.
Retrieved from: https://www.wxyz.com/news/jury-awards-family-130m-in-beaumont-malpractice-case-for-boy-with-celebral-palsy
- Teacher taped shut mouth of Michigan student with cerebral palsy, lawsuit alleges. (2017, November 3). Fox News.
Retrieved from: https://www.foxnews.com/us/teacher-taped-shut-mouth-of-michigan-student-with-cerebral-palsy-lawsuit-alleges
- Selyukh, A. (2019, February 25). Walmart is eliminating greeters. Workers with disabilities feel targeted. NPR.org.
Retrieved from: https://www.npr.org/2019/02/25/696718872/walmart-is-eliminating-greeters-workers-with-disabilities-feel-targeted