If you live in Michigan and have a child diagnosed with cerebral palsy, chances are that you will eventually need a lawyer to seek justice for that child or to ensure his or her rights and to fight against discrimination. A Michigan cerebral palsy is your best ally in a fight against powerful legal teams representing defendants.
Finding you’re your child is disabled is devastating, but there is hope for the future. Cerebral palsy can be managed with the right treatments. Paying for those treatments can be challenging, which is why you need a lawyer to help you recover damages from those medical professionals responsible for the harm caused to your child.
Why You May Need a Michigan Cerebral Palsy Lawyer
There are several reasons you may need this lawyer if you have a child diagnosed with cerebral palsy. Perhaps the most important is that your child’s condition may have been caused by a medical error that should never have happened. Medical malpractice cases can be complex and difficult to win without the right representation.
A Michigan cerebral palsy lawyer is a lawyer with special expertise in disabilities and medical malpractice. You need this lawyer, not a general practice lawyer, to give you the best chance of winning a case against a medical center and their large insurance company’s legal team. This lawyer can help you make important decisions, start and go through a lawsuit, and 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 in the event that you face discrimination based on disabilities. There are laws that 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 good sources of referrals for cerebral palsy lawyers.
If you don’t know anyone who has been through this or who 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, which is why you need a lawyer with a deep 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 just two years from when the negligence occurred, or six months from when it was discovered, to file. No case 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. Michigan, like many other states, 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.
Finally, there is a law in Michigan that makes it very difficult to start a successful medical malpractice case without the assistance of a lawyer. You are required to file an affidavit of merit before you can file a lawsuit. This is a document signed by medical experts that 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 issues of discrimination against your child you need the advice of a lawyer with expertise in the laws that ensure rights and opportunities for the disabled. 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. For instance if you believe your child is not getting adequate access to special education services or assistive devices in school, it may be the federal Individuals with Disabilities Education Act, which ensures disabled children free and appropriate education, that applies.
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 within 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 start 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 repeatedly abused her. These professionals have been accused of slapping her, taping her mouth shut, and locking her in the bathroom, among other charges.
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 filing the claim 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 for your child’s rights.