Michigan Cerebral Palsy Lawyer

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Contact a Michigan cerebral palsy lawyer if your child is disabled due to medical malpractice. 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.

Can Cerebral Palsy Be Caused By Malpractice?

Yes, among the many causes of cerebral palsy is medical negligence, which can be considered malpractice. Cerebral palsy is a group of neurological conditions caused by brain damage. Brain damage in an infant can result from several factors or complications.

Medical mistakes and inadequate care can contribute to or directly cause the brain damage that causes cerebral palsy. Healthcare professionals who cause harm this way can be held legally accountable.

Why Do I 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 preventable medical error.

Medical malpractice cases can be complicated to win without the right representation. A qualified attorney can assist you through the entire process.

A Michigan cerebral palsy lawyer has special expertise in birth injuries 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, file 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.

How to Find the Right Lawyer for Your Child

To find a Michigan cerebral palsy lawyer, start by talking to other parents you know who have experienced this before.

Local support groups for parents of disabled children, community organizations that help people with disabilities, 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 feel comfortable. 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 Michigan’s laws to help you.

Statute of Limitations

For instance, you may not realize 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.[1]

How Much Compensation Can I Get for Cerebral Palsy?

It is important to know 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 where the victim cannot live independently, but it is still less than $1 million. The caps are adjusted for inflation.[2]

Affidavit of Merit

Further, a law in Michigan 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.[3] The right lawyer will have access to experts who can provide this document.

Michigan Disability Rights

For discrimination issues against your child, you need the advice of a lawyer with expertise in 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 disabled children get a free and appropriate education. When these laws are violated, an attorney can assist you in getting justice.

Cerebral Palsy Wins for Michigan Families

These cases give you an idea of what Michigan cerebral palsy lawyers can do to help children and families affected by disabilities.

Medical Malpractice Lawsuit

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.[4]

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.

Disability Rights Wins

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.[5]

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.[6]

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.