Living with Cerebral Palsy: Is It Too Late to File a Medical Malpractice Lawsuit?
Your child’s diagnosis of cerebral palsy can cause such distress and distraction that you may not have stopped to think about why you’re even in this situation. Coming to the realization that your child suffered a birth injury that was entirely preventable can leave you in even greater agony. You can file a cerebral palsy medical malpractice lawsuit to receive compensation for this life-altering diagnosis and the accompanying costs – but is it too late to do so?
Can You File a Birth Injury Lawsuit Years After a Child’s Birth?
A law known as the “statute of limitations” prohibits people from making legal claims after a certain time after a problem has occurred. The statute of limitations for medical malpractice lawsuits varies for each state, and a consultation with a Michigan medical malpractice attorney will let you know what’s possible in your local area.
There are some situations where the statute of limitations can be altered, though these cases will also vary with each state’s laws. You or your birth injury lawyer may have to file to request an extension. If you are the one with cerebral palsy and you were a minor when the medical malpractice occurred and now want to sue, the statute of limitations may begin after the age of 18.
Why It’s Worth Filing a Cerebral Palsy Medical Malpractice Lawsuit
Taking care of a child with cerebral palsy is physically, mentally, emotionally, and financially taxing. The immediate medical costs and in-home care are often significant. Ongoing therapy, special education, or lifelong care because of the inability to live independently mean the burden rests squarely with the child’s family, forever. The full-time responsibility of caring for a child with cerebral palsy may also lead to lost income.
There are many reasons families file medical malpractice lawsuits when their child is diagnosed with cerebral palsy. There is no right or wrong reason. The simple fact is that CP is a devastating, life-altering diagnosis.
The compensation a family may seek can significantly ease the financial burden of raising someone with cerebral palsy. Though some families also want another type of justice served – they want the doctor or medical personnel responsible for their child’s condition to be held accountable. And they want to stop this tragedy from happening to other people.
The Types of Medical Malpractice That Cause Birth Injuries
It’s not just a cerebral palsy diagnosis that changes lives. Erb’s palsy, developmental delays, birth asphyxia, birth trauma, vacuum extraction, and so many more birth injuries are caused by things such as:
- Failure to diagnose delivery risks.
- Failure to deliver a baby quickly despite signs of stress.
- Improperly performed c-section.
- Lack of quality prenatal care.
About 10 to 15 percent of children who are born with cerebral palsy have the condition because of negligence or medical malpractice. Inexperience, distraction, and carelessness can all have a hand in changing the life of your child – and your life – in mere seconds or minutes.
Find Out If You Have a Cerebral Palsy Medical Malpractice Lawsuit Case
Medical malpractice lawsuits take time, and they are detailed endeavors, but they are also worthwhile, especially for families that have incurred astronomical medical costs because of their child’s condition. Not only can you receive compensation for the bills you have had to pay and will continue to have to pay, you may be eligible for additional monetary compensation for mental anguish and suffering.
Contact Thurswell Law for a free consultation and find out whether you still have time to file a medical malpractice lawsuit for cerebral palsy. Our experienced attorneys will guide you and help you make the best decisions about your legal options. We do not charge any fees unless you collect. Call (248) 354-2222 today to schedule your consultation.
