FREQUENTLY ASKED QUESTIONS
We know you likely have many questions about cerebral palsy, other birth injuries, and lawsuits to recover compensation. We have provided some answers below and can answer even more questions during a private consultation.
We know you likely have many questions about cerebral palsy, other birth injuries, and lawsuits to recover compensation. We have provided some answers below and can answer even more questions during a private consultation.
When a cerebral palsy lawsuit settles, some of the settlement money goes to the parents (mostly for payment of past and future medical expenses) and the rest of the settlement is for the child. This money, especially the funds intended for future care, must be carefully managed so that it lasts the child’s entire life.
Those with cerebral palsy often have other associated medical conditions, including cognitive challenges, vision loss, hearing impairment, and seizures. The family of an individual with cerebral palsy is likely to incur significant expenses related to the ongoing need for medical care, special education services, developmental assistance, and assisted living.
According to the National Institute of Neurological Disorders and Stroke (NINDS), the percentage of babies who develop cerebral palsy has remained constant over the past 30 years, despite advances in prevention and treatment. The Centers for Disease Control and Prevention (CDC) estimate approximately 8,000 to 10,000 babies will develop cerebral palsy each year.
According to the CDC, among children enrolled in Medicaid in 2005, medical costs were markedly higher for children with cerebral palsy and the costs were highest for children with both cerebral palsy and intellectual disability. The CDC states that the estimated lifetime cost to care for an individual with CP is nearly $1 million. Below are the statistics of the medical cost for children with cerebral palsy, compared to children without cerebral palsy.
Who you are able to sue if your baby suffers from cerebral palsy will be different for each and every case. This is because every case is different and the party responsible for committing the medical mistake will be different.
Typically, all individuals responsible for committing the medical negligence and cause for your child’s suffering may be held liable and you may be able to sue them in a cerebral palsy lawsuit. This can include filing a lawsuit against the medical facility that employed the negligent professional or provided the care. In some lawsuits, there may in fact be multiple defendants.
Any one of the following medical professionals may be cause for your child’s cerebral palsy and may be able to be held liable and sued for their error. These medical professionals include:
Finding the right lawyer for your child’s cerebral palsy case is one of the most important decisions you will make. Unfortunately this process is not an easy task and for many of you who have never been through the legal process you may not know even where to begin. Some important questions to ask a cerebral palsy attorney for your child’s case include:
As a parent of a child who is diagnosed with cerebral palsy due to another’s negligence, you may be able to receive compensation in addition to the compensation received in your child’s cerebral palsy lawsuit. The money received will help for payment of past and future medical expenses related to your child’s CP including lifetime benefits, any lost wages if incurred to take care of your child, as well as any pain and suffering you may be experiencing.
A parent is eligible to file an individual claim when their child’s CP was caused by a medical mistake and due to their child’s condition they have had to expend money out of their own pocket for extra ordinary benefits meaning extra physical therapy, occupational therapy, speech therapy, durable medical equipment, or things of that nature. If this occurs a parent may be able to file an individual claim in addition to their child’s CP lawsuit. However, there are very strict statute of limitations in which a parent’s claim must be filed, therefore if you plan on bringing a malpractice action on behalf of yourself it is important that you contact our top-rated Michigan cerebral palsy attorneys immediately to discuss your case.
Our Michigan birth trauma lawyers often take cases brought to them by overwhelmed parents. These parents trusted their doctor and medical staff to properly deliver their baby.
In cases where a doctor, nurse, or hospital commits medical negligence that cause cerebral palsy or other injuries to a newborn, there may be recourse for the child and the family. Often times, the child will have specialized living needs, require special education, and have other medical and management needs over their lifetime. When the injuries were due to medical malpractice or negligence, the family and child can seek compensation through an experienced Michigan medical malpractice lawyer.
Cerebral palsy (CP) is a group of disorders that can involve brain and nervous system tasks, such as movement, learning, hearing, seeing, and thinking.
There are several different types of cerebral palsy, including spastic, dyskinesia, ataxic, hypotonic, and mixed.
Cerebral palsy is also known as: spastic paralysis, paralysis – spastic, spastic hemiplegia, spastic diplopia, and spastic quadriplegia.
Cerebral palsy is caused by injuries or irregularities of the brain. Most of these problems occur as the baby grows in the womb, but they can happen at any time during the first 2 years of life, while the baby’s brain is still developing.
In some people with cerebral palsy, parts of the brain are injured due to low levels of oxygen (hypoxia) in the area. It is not known why this occurs. Sometimes the cause of cerebral palsy is unknown.
Premature infants have a slightly higher risk of developing cerebral palsy. Cerebral palsy may also occur during early infancy as a result of several conditions, including:
Parents of children who suffer from cerebral palsy due to a medical error do need an attorney on their side to represent them. There are multiple reasons why this is true.
First and foremost, a cerebral palsy case is very complex and requires knowledge on intricate medical and legal issues. To prove and win a cerebral palsy lawsuit, it must be proven that a medical error has occurred and was cause for your child’s birth injury. Proving this often requires resources that an individual may not have access to, but a lawyer does. This includes testimony from expert medical professionals and verification that medical malpractice has taken place, thorough investigation of the claim including the review of all medical records and reports, and professional representation in court, mediation, and/or arbitration proceedings.
Second, after learning that your child has cerebral palsy, you may be facing substantial emotional stress but also significant financial burdens. Treatment for children suffering from CP is costly and often lifetime benefits are needed. Having an attorney handle your claim will help ensure the financial security of you and your family. This is because an attorney will be able to understand what a fair settlement is for your lawsuit and will fight to ensure you receive maximum settlement.
Third, without a top-rated cerebral palsy attorney present, parents often convey information to the hospital, doctor, or negligent party that is harmful to their potential birth injury case and may prevent them from obtaining a sizeable settlement.
The most important thing to remember when considering hiring an attorney for your child’s CP case is NOT if you need a lawyer but ensuring that your hire the BEST lawyer to handle your child’s claim. These cases should not be trusted to just anyone. You need a law firm with the experience, skill and integrity that is necessary to prevail and to help you secure the future of your child and your family.
At the law firm of Buckfire & Buckfire our team of top-rated birth injury attorneys has significant experience in handling Michigan cerebral palsy cases. If your child’s CP was due to the medical negligence or error of a doctor or medical professional, our attorneys can help you with your claim by proving that your child’s birth injury was in fact the result of a medical professional failing to maintain an acceptable standard care of treatment.
Buckfire & Buckfire is a family-owned law firm that has been in practice for almost 50 years. We have a team of attorneys who specifically specialize in cerebral palsy lawsuits. Our lawyers have been named as “Super Lawyers” and earned the highest possible rating in the legal profession for both skill and integrity. Click here to view more of our birth injury attorney’s awards and honors.
We guarantee that when you hire our law firm for your cerebral palsy case, your claim will be handled by an experienced attorney, not a paralegal or law clerk, like many other law firms.
We have obtained significant settlements for our clients and provide results. We have helped thousands of families secure their child’s future and find peace of mind. We understand that you may be experiencing emotional distress and economic burdens caused by your situation. We can help you so you receive the full compensation you deserve for you and your child.
Children who suffer from cerebral palsy often require long-term care over their entire lifetime. Long-term care is costly and families of children with cerebral palsy are likely to sustain significant expenses related to the ongoing need of treatment. To help families cope with the resulting financial burdens of raising a child with CP, lifetime benefits may be awarded in recognition of the child’s cerebral palsy and the financial expenses that come along with it. Unfortunately, not every child who suffers from cerebral palsy is eligible to receive lifetime benefits. Only children whose CP was the result of medical malpractice qualify for such benefits.
Lifetime benefits is awarded as a monetary award and can be used to fund expenses, such as medical treatment for your child, special education services, developmental assistance, assisted living, medications, and home or automobile modifications.
There is not set amount in which each parent receives for lifetime benefits. It will depend on the facts of your case and the attorney in which you hire to represent you and your family. Choosing a cerebral palsy attorney for your child’s case can mean the difference between no settlement or a fair settlement that will help secure the future of your child.
If a child’s birth injury is a result of medical negligence, a parent will pursue these lifetime benefits through the litigation process. If you are considering pursuing lifetime benefits for your child, it is in your best interest to contact one of our top-rated experienced Michigan cerebral palsy lawyers. No amount of money will cure your child. However, obtaining compensation will help ease your burden by assuring that your child receives quality care throughout his or her lifetime no matter what happens to you as you grow older. This can make a real difference in your child’s life and in your life.
If your child’s birth injury was caused by a medical error of a physician, nurse or hospital your child does have a cerebral palsy lawsuit and you may be able to pursue a claim against the negligent medical provider or facility. Often times, not only does the child have a lawsuit but the parent may also be able to pursue an individual claim.
Cerebral palsy is typically caused by brain damage before or during a child’s birth. The brain damage associated with the disorder can occur when the physician or a member of the birth delivery team delays the delivery or fails to monitor the baby for signs of fetal distress. If this occurs, medical malpractice has taken place and parents and children do have the legal right to file a claim.
Cerebral palsy lawsuits provide parents the financial means and support necessary to not only raise their child, but to also provide the security and peace of mind for the child’s entire lifetime.
Cerebral Palsy is a non-progressive health condition which means it does not necessarily worsen over time. However, there are unfortunately some potential health issues and long-term concerns that may become pronounced as a child ages. Some of the long-term health concerns include:
There is no cure for Cerebral Palsy but treatments such as therapy, medication, or in some cases surgery can help improve the disorder. These treatments are often long-term due to the fact that there is no cure. Children who require such long-term care may require assistance with a medical care team. This team may include a pediatrician or physiatrist, orthopedic surgeon, physical therapist, speech-language pathologist, or special education teacher.
Genetic disorders and problems that reduce the blood supply and the amount of oxygen that the fetus gets during the first six months of pregnancy: This affects how the child’s brain develops while in the womb.
An oxygen deficiency can also occur at birth if the amount of oxygen the baby’s brain gets is too low: This can result in a condition called hypoxic-ischemic encephalopathy.
If the mother’s blood is incompatible with that of the fetus, brain damage can also result: This is referred to as the Rh factor and is commonly manifested in the mother’s cells attacking those of the fetus.
Severe physical trauma to the mother during delivery can cause the fetus to have cerebral palsy: Repeated urinary tract infections during pregnancy should be of concern to the woman’s doctor.
Buckfire & Buckfire P.C’s medical malpractice attorneys handle cases involving medical mistakes causing cerebral palsy. Cerebral palsy can be caused due to medical errors and negligence before and during the birth of a baby. Cerebral palsy can also be caused by severe jaundice, and head injury. The brain damage caused by this condition is permanent.
Cerebral palsy cases involving brain injury at birth make up about 10 – 15% of all cerebral palsy lawsuits. However, there have been occasions when mistakes made by doctors and other health care practitioners have led to brain damage in an otherwise healthy infant. Infants can experience seizures shortly after birth, if these go unnoticed and untreated, brain damage and cerebral palsy can result.
Very often doctors are reluctant to perform Cesareans, preferring that the mother deliver the baby on her own. Waiting too long to make the decision to remove the baby from the womb can also result in a brain damage and therefore cerebral palsy. The equipment that is used in a delivery room can also lead to brain damage. This can happen if vacuum extractor or forceps are used too much or improperly during labor.
Yes, cerebral palsy can be caused by a medical mistake or error. In fact, most children who suffer from the disorder have had it since birth, often due to a lack of oxygen to the brain (called hypoxia) or to the body (asphyxia), premature delivery, or birth trauma — sometimes because of medical malpractice and delivery mistakes during labor or child birth.
In cerebral palsy lawsuits there are a variety of health care providers that could be responsible for your child’s birth injury. Typically speaking when a mother is in labor, a fetal heart monitor is placed on her abdomen to feel the contractions, as well as to see the baby’s heart rate. The monitor picks up the heart rate and is able to determine whether or not the child is getting proper oxygen. Clear signs that your child’s CP was caused by a medical mistake is when a nurse fails to notify a physician when the fetal monitor tracings are indicating a problem or a physician does not properly respond to the fetal monitor tracings.
To help parents better understand what medical negligence is and how it can occur during the birth of your child, our Michigan cerebral palsy attorney, Randall Blau recorded this video: https://youtu.be/mGc9zgbVYIc
Finding the right lawyer for your child’s cerebral palsy case is one of the most important decisions you will make. Unfortunately this process is not an easy task and for many of you who have never been through the legal process you may not know even where to begin.
Some important questions to ask a cerebral palsy attorney for your child’s case include:
At the law firm of Buckfire & Buckfire, our cerebral palsy Michigan attorneys will give you direct answers to all of those questions above, as well as any other question that you may have regarding specifically to your child’s CP birth injury case. We only accept a small number of cases, so that our lawyers can devote our full time and attention to each and every client. If we accept your case, you are assured that an experienced cerebral palsy lawyer will handle your case – not a paralegal.
For more information about our award winning Michigan law firm, call us today at (800) 606-1717. We offer a Free case evaluation and are happy to answer any questions that you may have. You will never be rushed off the phone. We want you to be sure of the decision you make when choosing us as your cerebral palsy attorneys.
If you believe that your child’s condition was due to a medical error or mistake, we can help you. We represent families just like yours who are looking for truthful answers for you so you know exactly what went wrong and what you can be done to care for your child’s future. We will get all of the medical records from your pre-natal records, the hospital birth records, and the post-birth records to determine what caused your child’s cerebral palsy. If we determine that a medical mistake caused your child’s condition, we will file a lawsuit for you and your child.
Cerebral palsy can be caused by environmental and genetic factors. However, in most cases, it is attributable to a birth injury — during pregnancy, birth or the neonatal period. Unfortunately, birth injuries that result in cerebral palsy are often linked to medical malpractice. In many cases, cerebral palsy is a preventable condition. This means that medical practitioners can avoid cerebral palsy by following the standards of care for a given pregnancy, labor, or birth. If they mismanage the above conditions, cerebral palsy is much more likely to result.
Determining whether a child’s cerebral palsy is the result of medical negligence is crucial in determining eligibility for compensation permitted by the law. Unfortunately, a number of families avoid medical malpractice litigation for different reasons. The best — and only — way to find out if you have a cerebral palsy case is to reach out to an attorney for a legal consultation. An experienced birth injury attorney will do a thorough investigation of the medical records and review the case with expert medical professionals to determine whether negligent care was the cause of a child’s cerebral palsy.
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.