Detroit Birth Injury Lawyers

Nationally Renown Medical Malpractice Lawyers Representing Wayne County Families Impacted by Labor and Delivery Errors

For most women, pregnancy is a special time that, although far from easy, is a period they will look back on for the rest of their lives. However, tragedy can mar the joy of bringing a newborn child into the world. Medical errors during pregnancy, labor, and delivery can devastate families. They are also much more common than most people realize.

According to sources, more than 40 of every 1,000 babies suffer birth trauma during delivery. Many of these birth injuries are preventable when doctors and hospital staff take the necessary precautions. At Sommers Schwartz, P.C., our dedicated Detroit birth injury lawyers represent families in medical malpractice lawsuits against negligent healthcare providers. Over the past 45 years, we’ve earned a reputation as a highly respected, knowledgeable, and compassionate birth injury law firm. Sommers Schwartz, P.C. attorneys have recovered over $1 billion for our injured clients and their families.

What Is a Birth Injury?

A birth injury is any injury that arises during pregnancy or labor and delivery. While genetic conditions or factors outside a doctor’s control may cause certain birth injuries, many result from labor and delivery errors or a healthcare provider’s negligence. Most doctors, nurses, midwives, and other healthcare workers strive to do a good job. However, even the best physicians have bad days, make careless mistakes, or occasionally exercise poor judgment.

Types of Birth Injuries

Most Detroit birth injuries result from a baby suffering physical trauma during the birth process or experiencing oxygen deprivation. Either of these situations can profoundly affect a newborn baby’s life. Although there are different types of birth injuries, the most common include:

• Nerve damage involving shoulder and arm.
• Brain damage.
• Cerebral palsy.
• Facial paralysis.
• Fractured bones.
• Hematomas.
• Hemorrhages.

Birth injuries that affect the head and brain are the most common. These injuries can, and often do, result in long-term damage to newborns that will impact the rest of their lives.

Risk Factors Versus Causes of Detroit Birth Injuries

When medical professionals discuss birth injuries, it is usually in the context of “risk factors.” A risk factor is a circumstance that makes a birth injury more likely. For example, the following are all risk factors that, if present, may increase a baby’s chances of experiencing a birth injury:

• Cesarean delivery.
• Infections during pregnancy.
• Large fetal size.
• Low birth weight.
• Premature birth.

These risk factors increase the likelihood of a birth injury because they can make delivering the baby more challenging. However, risk factors themselves do not cause a birth injury. By contrast, the negligence of a medical professional is a direct, significant cause of birth injuries. If medical negligence contributes to or causes harm to the fetus or mother, a Detroit birth injury lawsuit may be appropriate.

Poor Prenatal Care

Doctors who monitor a woman’s health closely during pregnancy are much more likely to identify potential complications earlier. Failure to properly monitor a pregnancy’s progress using frequent tests and assessments may lead to a birth injury.

The Use of Forceps or Other Assistive Devices

Difficult deliveries may require doctors to use specialized instruments to deliver a baby. In conjunction with the trauma of labor, the negligent use of these instruments places babies at an increased risk of injury or death. For example, if a doctor does not properly apply the forceps or inappropriately exerts force on the fetal head with the forceps, an irreversible birth injury may occur.

Reduced Blood Flow

Continuous blood flow is essential for the delivery of a healthy baby. The umbilical cord delivers nutrients and oxygen to the fetus until birth. If the umbilical cord becomes compressed or prolapsed, the delivery of blood can be diminished or interrupted, potentially resulting in a severe birth injury.

Deprivation of Oxygen

It is not unusual for a fetus to experience very brief periods of diminished oxygen supply. In many cases, minor hypoxia, or oxygen deprivation, results in a baby being born with a slightly bluish tint. With the appropriate care, most babies recover. However, if a baby lacks oxygen for an extended period, it can suffer severe brain damage or cerebral palsy.

At Sommers Schwartz, P.C., we’ve assembled a dedicated team of highly skilled Detroit birth injury lawyers to assist families when a birth injury occurs. We understand birth injuries create exceptional challenges, and we want to help in any way we can. Our Detroit birth injury lawyers offer free consultations to all families impacted by birth injuries. We will answer your questions, explain the recovery process, and provide you with an honest assessment of your case.

Proving a Detroit Birth Injury Claim

To successfully hold a medical professional liable in a Detroit birth injury case, a family must be able to establish the following elements:

1. A healthcare provider-patient relationship existed.
2. The care provided by the healthcare provider (doctor, nurse, etc.) fell below the standard of care ordinarily exercised by medical professionals who practice in the same specialty as the defendant healthcare provider.
3. The healthcare provider’s negligent care caused harm to the mother or child.
4. The mother or child suffered legally recognizable damages, such as an adverse medical condition, medical expenses, loss of income, etc.

However, before bringing a birth injury claim, a plaintiff must obtain and file an “affidavit of merit,” which is required in all Michigan medical malpractice claims. The affidavit must certify that the expert reviewed the plaintiff’s medical records and that, in the expert’s opinion, the claim has merit.

Damages in a Detroit Birth Injury Lawsuit

Families who successfully bring a birth injury lawsuit will receive compensation for their child’s injuries. While every case is unique, Michigan courts allow plaintiffs to seek economic and non-economic damages. Economic damages are those expenses a family incurs due to a birth injury; for example, any medical care a child needs due to the injury. Economic damages also include the cost of ongoing assistive care a child may need due to long-term disability.

Non-economic damages include any pain and suffering you or your child experienced or will experience in the future. Other types of non-economic damages available in a Detroit birth injury lawsuit include:

• Mental anguish.
• Loss of enjoyment of life.
• Disability or disfigurement.

Both economic and non-economic damages may be awarded to fully compensate the plaintiff. An experienced Detroit birth injury lawyer can help families understand their rights and what options they have to pursue compensation.

Reach Out to the Compassionate Birth Injury Lawyers at Sommers Schwartz, P.C.

If your child suffered severe injuries at birth and you want to discuss your options with a knowledgeable Detroit birth injury lawyer, contact Sommers Schwartz to schedule a free consultation. For more than 45 years, our injury lawyers have stood out as pioneers in medical negligence, fighting for the rights of patients and their families. We are widely recognized as an authority on birth injury litigation.

Our lawyers have authored textbooks about birth injury cases and are routinely invited to speak at important birth trauma conferences, including the Boston University Medical School Annual Perinatal Conference and the American Conference Institute’s Annual Advanced Forum on Obstetric Malpractice Claims.

To learn more about how we can help you pursue a claim for compensation based on your child’s injuries, call 1-800-783-0989 to schedule a free consultation. Calling is free, and because we take all birth injury cases on a contingency basis, you will not be responsible for any legal fees unless we can recover compensation on your behalf.