Having a baby should be a joyous and exciting event for parents, not a traumatic one. Unfortunately, when a baby suffers an injury during birth, everything changes. And sometimes these life changing injuries are the result of a doctor’s negligence. If you think medical negligence led to your baby’s injuries, it is essential to contact the expert Flint birth injury lawyers. Our team of trial lawyers will help you every step of the way, ensuring your child can receive proper medical care for life, and your family gets top compensation.
Flint Birth Injury Lawyers Who Fight and Win
The aftermath of a birth injury can be devastating — for the newborn, the family, and its loved ones. The cost of long-term care for a child with Erb’s palsy or cerebral palsy has been estimated at more than a million dollars over a lifetime. Unexpected expenses abound, including costs of medications, rehabilitation, therapy, special schooling, and assistive devices.
At the Lee Steinberg Law Firm, our team of Flint birth injury lawyers have more than 50 years of experience successfully representing Michigan families in birth injury cases that result from medical negligence.
Understanding Medical Negligence in Birth Injuries
Medical negligence occurs when a healthcare provider’s actions or omissions deviate from the generally accepted standard of care, resulting in injury or harm to a patient. In the context of birth injuries, medical negligence can occur in several ways:
- Failure to Diagnose/Misdiagnosis – This occurs when a medical professional fails to correctly diagnose a condition or illness, such as fetal distress or maternal health issues that could impact the birth.
- Improper Use of Medical Equipment – Birth-assisting tools like forceps and vacuum extractors can help during difficult births, but if used improperly, they can cause injury to the baby.
- Delayed C-Section – If a C-section is necessary due to complications during labor, any delay in performing this procedure can risk the health of the baby.
- Inadequate Monitoring – Failing to adequately monitor the mother and baby during labor and delivery can result in missed signs of distress, leading to preventable injuries.
In each of these cases, the key question is whether the healthcare provider acted in a way that a competent professional in the same situation would have. If the standard of care was not met, it might be possible to pursue a personal injury lawsuit for medical negligence. An experienced birth injury attorney can provide more guidance based on the case’s specifics.
Common Types of Birth Injuries
Birth injuries are unfortunate events that can occur during the labor and delivery process. These injuries can vary in severity, ranging from minor, temporary issues to severe, permanent disabilities. Here are some common types of birth injuries:
- Cerebral Palsy – Cerebral Palsy is a group of disorders affecting movement, balance, and posture. It’s often caused by damage to the developing brain during birth.
- Erb’s Palsy (Brachial Plexus Injury) – This condition is caused by damage to the nerves in the upper arm, often resulting from difficult or forceful deliveries. It can lead to weakness, loss of sensation, and even paralysis in the affected arm.
- Hypoxic-Ischemic Encephalopathy (HIE) – HIE is a type of brain damage caused by oxygen deprivation during birth. It can lead to developmental delays, epilepsy, cognitive issues, and motor skill development problems.
- Perinatal Asphyxia – This is a condition resulting from a lack of oxygen to the baby during the birthing process. It can result in temporary or permanent damage, depending on the severity and duration of the oxygen deprivation.
- Spinal Cord Injuries – Injury to the spinal cord leading to paralysis or severe physical impairments
- Wrongful Death
The causes of these birth injuries often involve complications during delivery, such as prolonged labor, breech presentation, or the improper use of birth-assisting tools. It is important to remember though that not all birth injuries are preventable or the result of negligence.
Common Causes of Birth Injuries in Michigan
Birth injuries can occur due to the action or inaction of medical professionals at any point during a pregnancy. In other words, medical negligence can lead to injuries during development, delivery, or after delivery. Some of the most common causes of birth injuries are:
- Failing to monitor fetal heart rates,
- Misdiagnosing or failing to diagnose a mother’s medical condition,
- Delaying a C-section,
- Failing to notice that a baby’s brain is not getting enough oxygen,
- Failing to monitor delivery room patients,
- Failing to properly complete medical procedures,
- Giving incorrect drugs in the delivery room,
- Using forceps or other delivery room tools improperly, and
- Failing to detect problems during fetal development.
Compensation You Are Eligible to Receive
Following a birth trauma injury, there are two different types of damages a family can recover against the defendant doctors and hospitals.
Economic Damages
Economic expenses represent the financial losses experienced due to the doctor’s negligence. This can include:
- Payment of past medical bills,
- The payment of future medical care expenses,
- Loss of earning capacity,
- Other financial losses
Every Michigan birth negligence lawsuit must consider the high cost of outstanding medical bills and the cost of future medical care.
Non-Economic Damages
Non-economic damages are defined in Michigan as damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship … loss of consortium, or other noneconomic loss.
Currently, there is a cap on the recovery of economic damages in medical malpractice cases, as found in MCL 600.1483. The cap limits the amount of recovery a person can recover for all non-economic injuries, even babies and children.
In effect, there are two caps. One higher cap is for catastrophic injuries such as:
- paraplegia or quadriplegia resulting from an injury to the brain or spinal cord,
- severe brain injury rendering the person incapable of making independent life decisions and performing activities of daily living, or
- permanent loss of or damage to a reproductive organ resulting in the inability to procreate.
This higher cap is currently $1,016,000 and is adjusted every year by the State of Michigan Department of Treasury.
The lower cap covers all other medical malpractice injuries and is currently $569,000. Again, it is also adjusted every year for inflation.
What Can our Flint Birth Injury Lawyers Do For You?
As Flint Birth Injury Lawyers, we fight to get justice for our clients. We believe in holding medical professionals accountable for their negligence. We do this by:
- Discussing your case with you in detail;
- Using our extensive resources to investigate your baby’s records thoroughly;
- Hiring medical experts and nursing staff who understand what has happened medically;
- Consulting with experts who understand how you and your child should have been treated;
- Seeking compensation for your baby’s injuries from the people who caused them.
The compensation our clients receive in birth injury lawsuits makes a difference. They can better care for their child while also covering other expenses like childcare and lost wages.
Is There a Time Limit on Filing a Birth Injury Lawsuit?
In Michigan, we have a statute of limitations that states a birth injury lawsuit must be brought within a certain amount of time. This means time is of the essence in your case.
Usually, the statute of limitations is two years for a medical negligence case in Michigan. But the rules are different for minors. In general, for a minor, the law allows a claim to be filed within two years of the negligence but before the child’s 19th birthday. But there are two important exceptions:
- If a child is under 8 years old, a claim may be filed within two years of the incident or by the child’s 10th birthday, whichever is longer.
- In the event of medical malpractice resulting in damage to the reproductive system of a child under 13 years old, a claim may be filed within two years of the injury or by the child’s 15th birthday, whichever is longer.
We understand how difficult it can be to start a lawsuit within such a short timeframe, but we urge you to contact us and let us handle the legal details for you. With the best Flint birth injury lawyers on your side, your lawsuit can go smoothly and secure the resources your child needs. Please contact us at 1-800-LEE-FREE (1-866-696-9146).
Decades of Experience, Reputation for Results in Birth Injury Cases
The attorneys with the Lee Steinberg Law Firm advocate aggressively for the rights of infants and their families victimized by medical negligence.
Schedule a free consultation with one of our experienced Flint Birth Injury Attorneys. We have the skills and resources to investigate your potential claim. Our lawyers and experts provide a deeper understanding of medical issues and an unmatched level of care to our clients.
And we don’t get paid until we win your case.
Please call us at 1-800-LEE-FREE or (1-866-696-9146) to get started or send us a completed contact form.
