While oxygen deprivation can cause serious harm for a person of any age, infants are especially susceptible to suffering life-altering trauma in this way, both before and after they are born. This is particularly true if the doctors entrusted with caring for them act recklessly or carelessly. Unfortunately, negligence during childbirth sometimes leads to infants suffering brain trauma, which ultimately leads to them developing cerebral palsy. This is a debilitating condition which can cause developmental delays, loss of motor function, and sometimes intellectual disabilities.
If you believe a physician’s misconduct led to your child developing this particular condition, you should consider speaking with a Flint cerebral palsy lawyer about the possibility of civil litigation. State law affords you the right to demand substantial financial compensation under circumstances like this. However, navigating the maze of unique rules and restrictions for cerebral palsy lawsuits can be next to impossible without the support of a skilled attorney.
Every medical professional has a “standard of care” they are expected to meet at all times with all their patients. The standard is defined based on what an equally qualified and experienced provider would likely do in the same situation. Any doctor who is instead reckless or careless in a way which “breaches” this standard of care, and subsequently allows a patient to suffer otherwise avoidable harm, is legally “negligent.” This in turn could make them financially liable for all losses stemming from the harm they caused.
When cerebral palsy is caused by a healthcare provider’s negligence, it often stems specifically from the reckless or careless actions of doctors while caring for a pregnant mother before she gives birth or assisting with childbirth itself. In addition to individual practitioners, it is also often possible to hold the medical facilities which employed those practitioners vicariously liable for the misconduct of their employees. Ownership and management of those facilities could be held liable as well.
A Flint cerebral palsy attorney could provide crucial guidance about potential defendants in your claim during a private consultation.
Since cerebral palsy is a lifelong condition, it is important when filing suit over malpractice to account for both short-term and long-term forms of harm cerebral palsy will likely cause, including:
Importantly, Michigan state law sets a “cap”—or maximum limit—on how much compensation a single plaintiff can demand through a malpractice claim for non-economic forms of harm. A cerebral palsy lawyer in Flint could provide more information about these limits. Assistance from legal counsel can also be key to filing a strong claim within applicable filing deadlines, which generally prohibit litigation from proceeding more than six years after malpractice first occurred.
No one should have to deal with life-altering physical and cognitive disadvantages solely because of negligence by doctors who were supposed to ensure they were healthy and safe when they were born. Unfortunately, this exact scenario happens far too often all over Michigan. Without support from experienced legal representation, you may have significant trouble getting fairly reimbursed for the harm done to your family.
A capable Flint cerebral palsy lawyer could work diligently on your behalf to secure the best possible result from your unique claim. At Buckfire & Buckfire, P.C., we do not receive attorney fees unless you win compensation. Learn more by calling today.
Easter Seals Michigan – Serves and supports people with disabilities or special needs and their families so they can successfully live, learn, work and play in their communities. There is a Children Service location in the City of Flint.
Centers for Medicare & Medicaid Services – Get access to basic and specialized health insurance through Michigan State Medicaid offices.
The Disability Network – Several services offered in the City of Flint for individuals with disabilities.
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To have a conversation about your child with one of our experienced Michigan cerebral palsy lawyers, call us now. We will listen to your story and explain how we can best help your child and family.