Legal•Info

Michigan Cerebral Palsy Lawyer

Call (888) 471-5989 to speak with a personal injury attorney.

CP is defined as a congential disorder, arising from damage to the brain before or directly after birth or within the first three years of a child's life. However, most instances of brain damage occur during pregnancy and through the birthing process. The first type of CP is recognized by a child's inability to move a rigidness. It is classified as Spastic Cerebral Palsy. The second, called Athetoid Cerebral Palsy, is recognized in a child that has sporadic, uncontrolled, involuntary movements. The third form of CP is known as Ataxic Cerebral Palsy. In this form, the child lacks depth perception and has an uncoordinated sense of balance. Many children have a mix of all three types, making them vulnerable to other learning, cognitive, and physical disabilities. Most CP children, for example, have regular fits of seizures and poor eyesight because brain injuries damage the optic nerves.

Cerebral Palsy (CP) can cause patients to lose all control of their muscles, making any type of voluntary movement nearly impossible. It can also create extreme difficulties with speech, rendering some patients unable to communicate verbally. If your child has been diagnosed with CP, you should consult with a lawyer as soon as possible.

The severity of this disease varies, but if treatment is administered at a young age, there is a much better chance for the child to lead a normal adult life. One of the key forms of treatment is physical therapy. CP adversely affects the signals that are communicated from the brain to other parts of the body. With proper physical therapy, it is possible to retrain parts of the brain in order to improve mobility. Although there is no cure for CP, there are a variety of medications that can be used in conjunction with physical therapy. Medications to alleviate pain and limit muscle contractions have proved to be quite helpful.

One of the most common reasons that a child develops CP is medical malpractice. The time before, during, and after the birth of a child is the most important time of his or her life. It is at this point that the brain is most susceptible to damage. If the brain is deprived of oxygen for any period of time, it can have life-altering consequences. There are a variety of impairments that can result due to medical malpractice, but CP is one of the most serious.

Some of the most common instances of medical malpractice leading to CP include:
Late or no recognition of fetal distress
Emergency c-sections are performed late, causing the baby to suffer from brain damage
Lack of adequate prenatal care that is consistent with hospital standards and common practices.
Failure to provide sufficient care during labor.
Incorrect and potentially life-threatening dosages of medications harmful to the fetus.
Failure to monitor the newborn child after delivery and other negligent behaviors.
Failure to uphold implied consent policies by explaining any and all medical procedures and consequences of such actions prior to performing them.

If you are considering filing a lawsuit, timing is a critical factor. According to Michigan statutes of limitations laws, a claim related to birth injuries as a result of medical malpractice must be filed within two years of the alleged incident. If CP is not diagnosed until later, individuals must file the claim within six month from the initial discovery of the illness. Under special circumstances, a court may uphold that statutes of limitations laws are unconstitutional, providing the plaintiff with a maximum of six years to hold a physician and responsible parties accountable.

If you suspect that medical malpractice is the cause of your child's CP, you should speak to a lawyer immediately to get compensation for your child's medical expenses. Most insurance companies do not cover the costs of CP treatment. A lawyer can make it possible for your child to receive needed treatment in order to live a normal adult life. More importantly, you can advocate for the rights of your child inflicted with this disorder. When your child has been harmed because of medical malpractice, it is your responsibility to contact a lawyer in a timely manner. No one should have to suffer from financial distress during such trying times, and an experienced attorney can help you reach a settlement.