Your child’s birth should be a joyous event. However, a mistake by a doctor or nurse, or other medical professionals can turn this glorious day into a devastating situation that shakes up your entire life. Suddenly your child is facing a serious medical challenge and the prospect of permanent disability.
Preventable, critical mistakes in childbirth can cause irreversible brain damage, cerebral palsy, Erb’s palsy, seizure disorders, and other serious conditions. Birth injuries affect children for the rest of their lives, causing severe emotional, medical, and financial hardships for families.
After a birth injury, contact the skilled and experienced Michigan birth injury lawyers at the Lee Steinberg Law Firm for legal advice and to discuss your legal options. Call 1-800-LEE-FREE today for a free and confidential consultation.
Michigan Birth Injury Lawyers
If your child was born with injuries, or if the mother suffered a birth-related injury during delivery, the birth process should be closely examined to determine whether the injury was a result of medical negligence. An injury can occur at any point in medical care, from improper management of a pregnancy to labor, delivery, and newborn care.
Of all possible injuries, birth injuries are some of the most horrible. An innocent child now faces a challenging road ahead and the family may or may not have the resources available to provide years of specialized care.
Most families can’t handle an unexpected $500 cost per month, let alone the thousands or millions it may cost to care for an injured child over the course of their lifetimes.
Could your family afford these costs?
- $3,000 per day: Daily cost of premature birth in the first weeks of life
- $21,500: Cost of additional in-hospital care for premature birth
- $921,000: Lifetime cost of care for Cerebral Palsy
- $1 million or more: Lifetime cost of care for Erb’s Palsy
In addition to these costs of medical care, your family may need extra emotional support, counseling, in-home equipment and devices, rehabilitative treatments, and much more. In order to secure the wide-ranging resources you’ll need, you may have to file a lawsuit and hold the medical doctor and facility responsible for your child’s birth injury.
In this situation, you and your child need the Lee Steinberg Law Firm to assertively stand up for your rights and seek the compensation you deserve. We’re passionate about holding medical providers accountable for birth injuries in Michigan.
Which Types of Birth Injury Cases Do You Handle?
There are many types of birth injury cases we investigate and pursue. These include cases of medical malpractice and negligence during pregnancy, labor, delivery, and the newborn period following birth. These cases may involve injuries to the baby, the mother, or both.
We handle cases that involve:
- Cerebral Palsy
- Erb’s Palsy
- Shoulder dystocia
- Birth hypoxia and brain damage
- Failure to perform a timely cesarean section (C-section)
- Prematurity, preterm birth, and related conditions
- Many other birth injuries
This condition occurs due to brain damage before, during, or after birth and impacts the body’s ability to move in a smooth, organized way. Cerebral Palsy is a permanent condition and about 200,000 new cases are diagnosed in the U.S. each year.
When the baby’s neck is overstretched during birth and nerve damage occurs, it is known as Erb’s Palsy. One of the most common causes of Erb’s Palsy is the use of outdated pulling techniques during birth, which may or may not include the use of forceps to extract the baby.
If the baby’s shoulders become stuck in the mother’s birth canal during delivery, the result can be a condition known as shoulder dystocia. This can be a temporary or permanent form of the condition and may also involve injuries to the mother.
Birth Hypoxia and Hypoxic-Ischemic Encephalopathy (HIE)
These are serious neonatal brain dysfunctions caused by restricted blood flow that harms the baby’s brain function. These disorders may be caused by a sudden, traumatic event at birth or may develop over time during the pregnancy or postnatal period.
C-Section Negligence and Maternal Death
Maternal death is classified as any birthing mother’s death within 42 days of the child’s birth date. According to the World Health Organization, each day about 810 cases of maternal death occur due to preventable causes including failing to perform a C-section or other procedures according to the standard of care.
Prematurity and Preterm Labor/Birth
Prematurity is defined as being born before 37 weeks of gestation and every year, 200,000 babies are born prematurely. Preterm labor occurs when contractions begin between 20 and 37 weeks of pregnancy and it is correlated with low birth weight and infant health complications.
What if I’m Not Sure Whether My Child Has a Birth Injury?
Some birth injuries are more obvious than others and you’ll need a medical professional’s second opinion to be sure. Your attorney can help you secure an additional medical review to determine whether your child has a birth injury.
Your birth injury case will start an investigation into the circumstances surrounding your child’s birth. At the Lee Steinberg Law Firm, we track down medical paperwork, insurance documentation, health provider interviews, new medical opinions, and other crucial information you’ll need to prove your birth injury claim.
We understand that sometimes the signs of a birth injury can be subtle. It can take days, weeks, or more to reveal a child’s physical and mental challenges. You might even be second-guessing yourself about contacting a lawyer to start a birth injury lawsuit.
But remember, your infant child has no voice to speak for themselves in this life-changing situation. This isn’t your fault and isn’t your child’s fault. Legal action may be required to secure the resources your child needs.
What Kind of Compensation Could I Recover for My Birth Injury Case?
Your child deserves a healthy and happy life, and your lawsuit can bring the compensation you need to make this happen. Before you become overwhelmed with the responsibilities of caring for an injured child, seek the resources required for safety and stability.
Damages in Michigan birth injury cases may include:
- Your and your child’s past and future pain and suffering
- Existing medical bills that arose from the injury
- Compensation for future medical expenses
- Lost wages and lost earning capacity due to the situation
Take into account not only yesterday’s costs but today’s costs and new costs that may arise in the future. Consider the lifelong impact of your child’s health situation and the resources your whole family will need to cope with their disability.
Examples of Birth Injury Cases in Michigan
Here are some of Michigan’s most famous birth injury cases. In each of these cases, a Michigan family sued and won financial compensation for their child’s injuries.
$130 Million in Oakland County, Michigan Cerebral Palsy Case
When an Oakland County mother alerted Beaumont Hospital medical staff that her child was turning blue after a routine procedure, nobody called a code blue or attempted chest compressions. The oxygen deprivation to his brain during these crucial moments caused Cerebral Palsy and he will require a lifetime of full-time care from his mother. The family was awarded $130 million.
$55 Million in Michigan Newborn Brain Damage Case
A Michigan mother brought her baby to Bon Secor Hospital, explaining that the baby was having difficulty breathing. After a quick examination, the mother and baby were sent home with instructions to use an inhaler. The following morning the child experienced severe respiratory difficulties that ultimately resulted in brain damage. The family proved their case that the child should have been hospitalized and won $55 million for the baby’s lifetime care.
$144 Million in Southfield Permanent Birth Disability Case
In Southfield, Michigan, a family finally won a case against Beaumont Hospital for an injury their 17-year-old child suffered before birth. Despite an earlier verdict in the family’s favor, the hospital had refused to pay for years and objected to the lawsuit on the grounds that the circumstances involved an unborn child. An appeals court upheld the $144 million verdict.
Who Can Bring a Birth Injury Lawsuit in Michigan?
You can bring a birth injury lawsuit if you are the mother/family of a newborn child who was harmed at some point during the timeframe of the child’s pre-birth and neonatal period: pregnancy, labor, delivery, and newborn care.
Anyone in the entire state of Michigan can work with the Lee Steinberg Law Firm to make a birth injury claim against a medical facility. We have offices throughout the state of Michigan because we understand it can be difficult to travel with a newborn who needs special care.
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 two years of the injury or within six months of discovering the injury. This means time is of the essence in your case.
Don’t wait until months or years after your child’s birth injury to pursue a case against the medical provider, or you may lose your chance to sue. Michigan courts will usually throw out any case that misses the deadline. The timing is extremely important.
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 right law firm on your side, your lawsuit can go smoothly and secure the resources your child needs. Please contact us at 1-800-LEE-FREE.
Will There Be an Investigation Into the Birth Injury?
In terms of a criminal investigation, the police and county prosecuting attorney are in charge. They may or may not investigate whether there was any type of criminal act involved in your child’s case.
You can also start a different type of investigation into the circumstances of your child’s birth injury by filing a lawsuit. This is where the Lee Steinberg Law Firm steps in to help. We launch an investigation that reveals the details of what happened, which can come as a huge relief to emotionally overloaded parents of an injured newborn.
At this point, you probably don’t trust the doctors involved in your child’s care. You don’t trust the hospital. In fact, you’re not sure who you can trust!
This is exactly why you need the Lee Steinberg Law Firm. Your attorney is on your side, even when it feels as if everyone else is against you. Doctors and hospitals have nowhere to hide when you’re standing up for your rights and using the power of the legal system to shed light on their negligent practices. We’ll help you put the blame where it belongs.
Will My Birth Injury Case Go to Court?
Your case may or may not actually go to court. If the other side refuses to cooperate and disputes the most basic facts of the case, a court battle may be unavoidable.
However, here’s some good news: Most of these cases don’t go to trial and aren’t seen by a jury. They ultimately end with a settlement, which is a financial award for the family that resolves the case quickly without much drama.
If you’re wondering why hospitals often settle with families in birth injury cases, the reasons are essentially money and bad publicity. They would rather avoid the public fallout of seeing your case in the news. Plus, they have their own highly paid lawyers who review the details of your case, see any evidence of negligence, and may conclude that settling is a very good idea.
Whether your case goes to court or settles out of court, your lawyer from the Lee Steinberg Law Firm will be by your side through the entire process. If you need to appear in court, we’ll help you be fully prepared and provide excellent representation. Or if a settlement is on the table, we’ll negotiate with the other side boldly and assertively, so you have the best chance of getting the compensation you need.
Helpful Michigan Birth Injury Resources:
- Michigan Birth Injury Attorneys
- ASK LEE: Request Free Consultation
- Free case evaluation by phone: 1-800-LEE-FREE
Frequently Asked Questions About Michigan Birth Injury Cases
Consult with your lawyer at the Lee Steinberg Law Firm for advice that is specific to your unique situation. In the meantime, we’d like to share some general information that may help you understand birth injuries.
Q: Why are there so many birth injuries?
In the fast-paced world of healthcare, mistakes happen. America has the costliest and most complex healthcare system in the world, which sets the stage for errors. Pregnant women encounter a wide variety of doctors and facilities, including general practitioners, gynecologists, anesthesiologists, labor and delivery nurses, neonatal specialists, and more. Each of these presents a situation where something could go wrong.
Q: Does it matter whether the doctor meant to harm my child?
You can sue regardless of whether the healthcare provider actually intended to hurt your baby. Some birth injuries result from mistakes and negligent acts that your doctor may not have even realized occurred. Still, someone has to take responsibility for your child’s injury.
Q: What kinds of birth injury cases do you most commonly see?
We see a wide variety of cases that involve physical disabilities, brain injuries, and permanently disfiguring conditions. Doctors sometimes misuse forceps and vacuum tools, use the wrong kind of fetal heart monitor, administer the wrong medication, fail to notice fetal distress, fail to notice a baby struggling to breathe or perform the wrong procedure at the wrong time. When this happens, we can help you hold them accountable.
Q: How long does a birth injury case take?
A: Generally, a settlement takes less time than a case that goes to court, but that’s as specific as we can be without speaking to you first. To get a better idea of the timeframe, contact us for a one-on-one consultation about the circumstances involved. Call 1-800-LEE-FREE to talk about your situation in a confidential and free discussion.
Q: Should I wait to see how my baby’s condition improves before starting a lawsuit?
A: Don’t wait, because Michigan offers a short window of time to sue. You must sue within two years of the injury or six months of becoming aware of it. Wait too long, and you could inadvertently give up your ability to recover the compensation your child needs.
Questions to Ask a Michigan Birth Injury Lawyer
Before you hire a birth injury lawyer, ask about their background and success rate with these cases. Here are some good questions to bring up.
- Do you have the credentials to go up against a big Michigan hospital?
- Are you experienced with my exact type of Michigan birth injury case?
- What kinds of results have you gotten for other clients in the past?
- How will you minimize the impact of this case on my family’s life?
- How will my child’s life improve if we win?
- Do you have a good reputation with Michigan judges and courts?
Your child’s future rests on the outcome of this case. At the Lee Steinberg Law Firm, we have rock-solid credentials for representing clients in birth injury cases. We respect how difficult your situation is, and we will work diligently to make your voice heard in the legal system and hold the right people responsible for what happened to your child.
Please contact the Lee Steinberg Law Firm today at 1-800-LEE-FREE to get in touch with a qualified, experienced birth injury attorney nearest to you in Michigan. You will receive an evaluation of your case entirely free of charge.