Every medical professional in Lansing has an affirmative duty to provide competent care to their patients, including family doctors, nurses, and emergency personnel. This duty requires these individuals to provide appropriate treatment and diagnoses when people seek care for medical conditions. One common reason for people to seek this care is during pregnancy and labor. It is during this time that newborns could develop the condition known as cerebral palsy.
A doctor who fails to accurately diagnose and treat this condition may be committing medical malpractice. OBGYNs and pediatricians should be able to accurately diagnose a potential condition, recommend proper treatment for both mother and child, and perform that treatment in a competent manner. A Lansing cerebral palsy lawyer can assist with filing a lawsuit if you believe that a doctor’s poor care led to a CP diagnosis.
The Mayo Clinic describes cerebral palsy as a collection of disorders that affect a person’s ability to control their muscle movement or posture. The resulting symptoms can include muscle spasms, difficulty breathing, and heart conditions. These are usually the result of direct damage to a person’s brain while that brain is still in development. For many children, this occurs while still in the womb, while others may experience damage during birth or as an infant.
All doctors who plan to work in labor and delivery receive training to quickly recognize risk factors for cerebral palsy and take preventative measures. However, failures to recognize the signs are unfortunately common. A Lansing cerebral palsy attorney can evaluate the actions of medical providers to determine if an error in the diagnosis or treatment of an affected child was a primary cause of this diagnosis.
Every doctor and nurse in Lansing has the same obligation to provide competent medical care. This does not mean that every patient can expect a perfect result. On the contrary, medical professionals must simply provide care that is of an appropriate quality considering the facts before them.
Doctors may encounter risk factors of cerebral palsy when caring for a child in utero or while they are in their earliest years. These professionals must recognize the symptoms, order proper tests to determine a child’s current state, and provide treatment that limits the damage and gives the child a better chance for recovery.
While many cases that involve a failure to diagnose may appear to be simple, most cerebral palsy cases are very complicated. The decisions that a doctor made may not be obviously wrong to a person without a medical education. As a result, the laws in the state require a plaintiff to rely on the opinions and analysis of a medical expert to prove their cases.
According to Michigan Compiled Law § 600.2169, a plaintiff must acquire this expert’s opinion as soon as they file a complaint in court. The statute requires any complaint alleging medical malpractice to include an affidavit. This affidavit must outline the expert’s qualifications and their belief that there is a solid legal basis for the allegations. A cerebral palsy lawyer could help parents in Lansing to understand the requirements for a successful claim and hire experts who can testify on their behalf.
Cerebral palsy is a life-changing diagnosis that is likely to impact a child’s entire future. With prompt and competent medical care, doctors should be able to prevent or limit the damage. Those who fail to provide this competent care end up placing their patients at serious risk of harm.
If this failure was so severe as to fall below the acceptable level of competence under state law, this might be medical malpractice. A Lansing cerebral palsy attorney can help you evaluate the skill of your doctor, measure the effect of malpractice on your child’s life, and demand appropriate compensation. Contact Buckfire & Buckfire, P.C. today to give your child the best chance for success.
United Cerebral Palsy of Michigan – East Lansing – Network that connects people with disabilities to the opportunities and resources needed to live productive and independent lives.
Early Intervention Programs – Early intervention services for infants and toddlers, birth to three years of age, with developmental delay(s) and/or disabilities, and their families.
Lansing State Office of Special Education – Office of Special Education and Early Intervention Services.
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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.
