Detroit Birth Injury Lawyer
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Welcoming a baby into the world should be a happy moment. However, hundreds of thousands of infants each year suffer birth trauma leading to long-term and permanent damage. As many as seven children in every 1,000 born suffer birth injuries, according to the Centers for Disease Control and Prevention (CDC).
If your child was injured during labor and delivery, contact a birth injury lawyer to help you get compensation to cover your damages. Although a financial recovery cannot improve everything, it can secure your child’s future.
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What Is Considered a Birth Injury?
A birth injury occurs when a fetus, newborn, or mother is harmed before or during childbirth. Sometimes these injuries are naturally occurring due to the nature of childbirth. However, in some cases, they could have been prevented if not for the medical error, medical negligence, or mistake of a doctor or other medical professional.
Birth injuries often have lifelong consequences for the child and their family. They can require expensive ongoing medical care. Children may not have the life their parents dreamed for them. When birth trauma is due to the medical malpractice of a caregiver or medical institution, they should be held responsible.
Types of Birth Injuries
There are many potential injuries that a baby or mother can suffer due to the negligence of a medical professional. Some of the most common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Cranial nerve injuries
- Brain damage
- Spinal cord injuries
- Brachial plexus injuries
- Peripheral nerve injuries
- Bone injuries
- Intra-abdominal injuries
Some factors may increase the risk of birth trauma, including high birth weight, premature birth, fetal distress, dystocia or when the baby cannot easily pass through the birth canal, presentation or breech delivery, and placental issues.
Is There a Statute of Limitations for Birth Injuries in Michigan?
Birth injury claims against medical professionals, hospitals, or birthing centers are considered medical malpractice claims. In Michigan, you must file a lawsuit within two years from the date of the health care provider’s actions or failure to act that gave rise to your claim. This is a very strict deadline or statute of limitations. If you miss it, you will forfeit your ability to recover any compensation.
There is an exception to the medical malpractice statute of limitations in Michigan. A lawsuit must be filed within six months after you discover or should have discovered the existence of a claim. However, this requires you to prove that you could not have known of the birth injuries at a prior date.
With such a complex statute of limitations for medical malpractice, hiring a birth injury lawyer is vital to guide you through the lawsuit process. Even if you don’t want to go to court, an insurance claim requires significant investigation that should be handled by a professional. You will need to gather all medical records about prenatal care through the present and have proof of what happened during the birth. A knowledgeable attorney can handle the stressful parts of the birth injury claim while you focus on providing care for your child.
Are Injuries Incurred at Birth Different Than Medical Malpractice?
Some birth injuries do not amount to medical malpractice. If a factor was out of the doctor’s control and they did everything possible to handle the birth properly, they may not have committed malpractice.
While malpractice indicates that you received substandard treatment, medical negligence occurs when a medical professional breached a legal duty, which caused injury and resulted in damages. When you file a lawsuit, you may assert both claims at once.
What Kind of Compensation Can I Pursue After a Birth Injury?
In a birth injury case, you can get compensation for economic and non-economic damages. Economic injuries are those that are easily valued based on actual expenses. Non-economic damages include more subjective losses.
In all personal injury cases, you can get financial compensation for the following:
- Past and future medical costs
- Wage loss
- Loss of earning potential
- Pain and suffering
- Mental anguish
- Emotional distress
Additionally, if your child dies during childbirth due to the actions of the medical staff, then you can get money to pay for funeral and burial expenses and more. A wrongful death case is somewhat different than a medical malpractice claim; however, you can still get the money you need to move forward with life.
What Does the Compensation Process Look Like in Detroit?
To obtain compensation in a birth injury lawsuit, your Detroit personal injury attorney will take the following steps:
- Gather all medical records and proof of damages.
- Investigate to determine what happened and who is at fault.
- Send a demand letter to the health care provider, facility, and insurance companies explaining how much your case is worth.
- Negotiate a settlement with the insurance company of the health care providers.
- Send a Notice of Intent to File Suit (NOI) to the health care provider or facility at least 182 days before the lawsuit is filed.
- File and serve the complaint, summons, and other necessary legal documents.
- Engage in the discovery process to share information with the other parties.
- Attend court conferences and hearings related to your lawsuit.
- File pre-trial motions to obtain a summary judgment or judgment based on the facts.
- Take your case to trial if they refuse to make a fair settlement offer.
Rely on a Detroit Birth Injury Lawyer
A life affected by birth injuries is different for everyone, so seeking damages from the people who caused your child’s injuries may be the best option to ensure your loved one has the best quality of life possible.
Birth trauma cases are scientifically involved and legally complex. You need birth injury attorneys who will help you navigate the path forward.
The personal injury team at Davis Injury Lawyers, PLLC, will compassionately listen to your story and present you with your options. Call us today at 313-462-7979 or contact us online to schedule a free initial consultation.