When an infant suffers physical trauma before, during, or immediately after their birth, the damage done to them can have extensive and potentially life-altering repercussions. One of the more severe outcomes that a birth injury can have is the development of cerebral palsy. This is a developmental disorder stemming from damage done to the brain during gestation or infancy that can result in lifelong loss of motor function and sometimes loss of cognitive function as well.

Our compassionate birth injury attorneys know that financial compensation can only do so much to make up for permanent harm caused by a healthcare provider’s misconduct. That said, working closely with a Warren cerebral palsy lawyer could still put you in a good position to file a claim for compensation that you can use to care for your child.

How Negligence Can Cause Cerebral Palsy

Infants can sometimes develop cerebral palsy due to uncontrollable factors like genetic mutations and complications during their mother’s pregnancy, even if the doctors did everything they could to ensure they were safe and healthy. In many situations, cerebral palsy is an entirely avoidable consequence of a doctor, nurse, technician, or other provider failing to meet the “standard of care” reasonably expected of them. This standard is based on their experience, knowledge, and working conditions.

Some examples of negligence which could potentially lead to an infant sustaining preventable brain trauma and developing cerebral palsy include:

  • Lack of communication between different staff members in a hospital
  • Failure to correctly diagnose and treat complications and illnesses during pregnancy and/or infancy
  • Misuse of tools like forceps during childbirth
  • Not accounting for risk factors like low birth weight or premature birth
  • Failure to order and/or correctly perform a cesarean section when appropriate
  • Failure to effectively address a nuchal cord, or the umbilical cord being wrapped around an infant’s neck during birth
  • Lack of follow-up care after childbirth

A qualified Warren cerebral palsy attorney could help take proactive legal action over these and other forms of misconduct leading to a cerebral palsy diagnosis.

Possible Obstacles to Effective Recovery

Notably, Michigan is one of many states that artificially limits the total amount of money that someone filing suit over medical negligence may demand for “non-economic” forms of harm, such as physical pain and lost quality of life. The specific cap changes yearly to account for inflation, but the applicable cap for cases filed after January 31, 2023 and before the same date in 2024 is $537,900 for most cases and $960,500 for cases where the plaintiff (the affected child) suffered permanent disability due to a doctor’s misconduct.

Additionally, state law generally allows two years maximum after an act of malpractice occurred for litigation to begin. Alternatively, it could allow six months after discovery of the malpractice, up to an absolute maximum of six years after when it actually occurred. This statute of limitations applies even if the effects of the malpractice will last for the injured person’s entire life. With these legal hurdles in mind, support from a seasoned lawyer can be vital to building a strong cerebral palsy claim in Warren.

Seek Help from a Warren Cerebral Palsy Attorney Today

A diagnosis of cerebral palsy is a watershed moment for any family, and it unfortunately often leads to a great deal of heartache and struggle that did not have to happen. If your family is in this situation because a doctor was negligent, taking legal action against them may be crucial to mitigating the negative impacts of cerebral palsy. It may even be the case that multiple parties bear some fault for your child’s condition.

A knowledgeable Warren cerebral palsy lawyer could be the ally you need to obtain the restitution your family deserves. We will not take attorney’s fees unless you win a settlement or a jury verdict. Learn more by calling today.

Warren Cerebral Palsy Resources

CP Daily Living – Journal & Resources for parents and caregivers of children with cerebral palsy living in Macomb County.

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