Michigan Birth Injury Lawyer
Medical errors during labor and delivery can have serious consequences for newborns and mothers. Babies often suffer injuries that cause long-term disabilities, learning delays, and impaired cognitive function that completely change their lives. Mothers harmed by medical negligence can also suffer long-term effects. If you or your child is the victim of a birth injury, your family has options to help cover the cost of ongoing medical care. Contact a Michigan birth injury lawyer with Birth Injury Center to schedule a free consultation to learn more.
- Last Updated Date: March 15, 2024
Errors or careless mistakes made by health care professionals can change families’ lives forever. If a baby is injured during the labor and delivery process, it could mean long-term disabilities, permanent cognitive deficits, and developmental delays. Mothers also can suffer serious, debilitating harm. These birth injuries caused by medical negligence often require ongoing medical care and specialized treatments that can be incredibly difficult for parents to afford on their own. However, families can take legal action and claim compensation for damages.
If you or your child suffered a birth injury in Michigan, Birth Injury Center is ready to help you fight for justice. We have the experience and resources to find out what happened, use evidence to build a strong case, and claim the financial support your child needs and deserves. Contact us to schedule a free consultation with a Michigan birth injury lawyer today.
Contact a lawyer for a free case evaluation today!
How Our Birth Injury Attorney Can Help You
At Birth Injury Center, we’ve seen how difficult a birth injury can be for families. Our team works with concerned parents who feel overwhelmed and wronged by the medical professionals they entrusted to provide the best care during labor and delivery. If you find yourself in this impossible situation, Birth Injury Center provides resources, support, and trusted legal representation to help your family get through this challenging time.
We have dedicated birth injury attorneys in Detroit, Grand Rapids, Warren City, and throughout Michigan to help families rebuild their lives by taking legal action. Our team offers comprehensive legal services, including:
- Investigating thoroughly to understand what led to the birth injury
- Gathering crucial evidence to support your claim
- Building a solid case that can improve your chances of a favorable settlement
- Communicating with insurance companies and other involved parties on your behalf
- Identifying and valuing the total amount of damages to include in your claim
- Negotiating the maximum settlement for your losses
- Pursuing damages in court if a fair settlement cannot be reached
Our Michigan team is made up of medical malpractice attorneys who specialize in birth injury cases. We will use our skills and experience to fight for the financial support you need to provide the best future for your child. Contact us to see how we can help your family move forward with a birth injury lawsuit.
How Is Fault Determined in a Birth Injury Case?
All medical professionals have a duty to provide the appropriate standard of care to their patients, including obstetricians, midwives, and nurses. When a newborn or mother is injured during the birthing process because of a medical provider’s failure to provide the minimum standard of care, the family may pursue compensation for medical bills and other damages. However, you must determine fault and prove negligence for your case to be successful.
The process of proving medical malpractice or negligence involving birth injuries can be complex. You must prove the following elements:
- Duty: First, you must show that the medical provider had a duty to the patient. You need to establish that there was a doctor-patient relationship and the physician owed the patient the same standard of care that any other reasonable doctor would provide in that situation.
- Breach of duty: Next, there needs to be a breach in the duty of care. The medical provider failed to provide the expected standard of care to the patient.
- Causation: It’s also crucial to prove that the medical provider’s failure to uphold their duty caused the birth injury. You must determine the connection between the physician’s errors and the injury.
- Damages: The final element is the resulting damages from the injury. There must be proof that the birth injury led to actual economic and non-economic losses for the victim.
Depending on the circumstances of the birth injury, possible parties who may be held liable include:
- The attending physician or doctor
- The hospital or medical facility
- Nurses, anesthesiologists, or other medical staff members
Our Michigan birth injury lawyers will look at every detail that led up to the injury, including who was involved and who may be responsible for the accident. Schedule a free consultation with our team to learn more about the legal process.
How to File a Lawsuit in Michigan
Filing a civil case in Michigan, including birth injury claims, involves several steps:
- Complaint and notice: To start the lawsuit, you need to file a summons and complaint, pay filing fees, and serve all parties with notice of the complaint. The defendant can then respond to the complaint in the same court.
- Discovery: If the court doesn’t enter a default judgment, the discovery process begins. During discovery, the involved parties can gather evidence and relevant facts to support their case, including medical records and witness statements.
- Pretrial procedures: During pretrial procedures, your birth injury lawyer will go through negotiations to secure a favorable settlement out of court.
- Trial: If the defendant denies the claim, the case may be tried before a judge or jury.
- Judgment: A judgment is prepared, and the verdict is entered after the trial.
Working with a skilled birth injury attorney can help you avoid common mistakes that will affect the outcome of your case, including missing the deadline to file a lawsuit. Schedule a free case evaluation with the Birth Injury Center to see if you qualify to file a birth injury lawsuit in Michigan.
What Is the Average Settlement Amount for a Birth Injury?
The settlement amount for a birth injury can vary significantly, depending on the injury’s severity and the victim’s damages. Because of this wide range, it’s difficult to provide an average settlement amount. Your attorney will identify and value your losses, which may include:
- Current and future medical care
- Long-term educational and social needs
- Lost wages of the parents
- Lost future earnings of the parents
- Permanent disfigurement
- Permanent disability
- Pain and suffering
- Emotional distress
Also, you may be offered a more generous settlement amount if:
- The health care professional’s guilt is undeniable.
- It is a newsworthy case and may harm the defendant’s reputation.
- The health care provider’s actions were egregious enough to qualify for punitive damages if the case goes to trial.
Contact our team to discuss your case and see what your claim may be worth. It’s important to work with a trusted legal professional to get the maximum amount for your damages.
What Is a Birth Injury?
A birth injury or birth trauma is experienced by a newborn or mother during the childbirth process. It is a physical injury that may cause temporary effects or long-term issues that can significantly impact the victim’s life.
Common types of birth injuries to the infant include:
- Cerebral palsy
- Erb’s palsy
- Jaundice and kernicterus
- Hypoxic-ischemic encephalopathy
- Newborn cephalohematoma
- Intrauterine fetal demise
- Skull fractures
- Spinal cord injuries
Common types of injuries to the mother include:
- Postpartum hemorrhage
- Incontinence
- Vaginal tears
- Abnormal blood pressure
- Uterine tears
- Chronic pain
- Maternal death
The risk of suffering a birth injury goes up when certain pregnancy conditions or delivery complications are present during birth, including:
- High birth weight
- Preterm birth
- Cephalopelvic disproportion
- Prolonged labor
- Breech delivery
- Maternal obesity
- Preeclampsia
- Gestational diabetes
- Cytotec induction
- Vacuum delivery
- Cesarean section
Schedule a Free Consultation With a Michigan Birth Injury Attorney
The Michigan legal team at Birth Injury Center can help you hold the medical provider accountable for their negligence or malpractice.
We will advocate for you and your baby to ensure your family has the financial means to provide the life your child deserves. Contact us to schedule a free consultation with a trusted Detroit birth injury lawyer now.
Written by:
Birth Injury Center Team
The Birth Injury Center aims to create informational web content and guides to help women and their families seeking support and guidance for birth injuries caused by medical negligence. All of the content published across The Birth Injury Center website has been thoroughly investigated and approved by medical expert Natalie Speer, RNC-OB, Attorney Ryan Mahoney, and Attorney Rick Meadows.
