All medical practitioners have a duty under the law to provide care to patients with appropriate skill. It is when they fail to live up to this legal duty that medical malpractice occurs. However, simply experiencing a poor outcome after visiting a doctor, dentist, or other professional does not mean that a lawsuit is appropriate.
Instead, people who suffer injuries because of improper medical care must prove that the care was so poor as to constitute a failure on the part of the medical professional to protect the well-being of the patient. This even applies in severe situations, such as those resulting in permanent damage due to cerebral palsy. Proving this concept requires the help of a qualified expert witness. A Livonia cerebral palsy lawyer can meet with you to discuss how a doctor’s actions led to a cerebral palsy diagnosis.
Medical Malpractice Leading to Cerebral Palsy
State law defines medical malpractice as being a departure by the treating doctor from the established standard of care in their profession. Put it another way, a provider must treat patients in the same way that a reasonably prudent peer would treat them under the same circumstances.
A variety of negative outcomes after visiting a medical professional may rise to the level of malpractice when considering cases involving cerebral palsy. The Mayo Clinic states that cerebral palsy is often the result of conditions that develop while a child is still in the womb but it may also be the product of a difficult birth. Doctors and nurses must be able to recognize the risk factors that can lead to this condition and take appropriate preventative steps. At the same time, they must provide care for the child that limits any potential damage due to cerebral palsy.
A Livonia cerebral palsy attorney could provide more information about the potential causes of this condition.
Pursuing Medical Malpractice Cases for Fair Compensation
Demonstrating medical malpractice in a legal forum always requires the help of a qualified medical witness. This is because only members of the medical profession can speak as to how a fellow doctor failed to properly treat a patient. A cerebral palsy lawyer can help locate and hire these vital witnesses.
It is only when an expert can prove that malpractice occurred that victims are able to collect appropriate payments. These payments can cover the costs of all necessary additional medical care that results from cerebral palsy, as well as the income that the child will lose out on when they get older.
State law places limits on the compensation that victims may receive through a medical malpractice case. Michigan Compiled Law § 600.1483 says that juries in medical malpractice cases cannot issue awards of more than $280,000 for non-economic damages, which cover things like pain, suffering, and lost quality of life. A cerebral palsy attorney in Livonia can help pursue a case for all appropriate compensation.
Reach Out to a Livonia Cerebral Palsy Attorney Today
Every medical provider in Livonia and throughout the state has an obligation under the law to provide competent care. This does not mean that they must guarantee a beneficial result. It simply means that they must act appropriately toward seeking the best possible outcome for their patients. A common example involves providing care to children who exhibit risk factors for cerebral palsy. This applies to those both in and out of the womb.
A Livonia cerebral palsy lawyer can help you prove that medical malpractice resulted in a more severe diagnosis for your child. Contact Buckfire & Buckfire, P.C. now to get started. We do not charge a fee unless you win a settlement award.
Livonia Cerebral Palsy Resources
BrightStar – Disability care services in Novi, Michigan.
Livonia Public Schools Parent Organizations – Support groups for parents of children with special needs and/or emotional impairments.