Southfield Birth Injury Lawyers

Southfield, Michigan, is home to Ascension Providence Southfield, a hospital with a nationally renown birthing center and alternative birth center. Its medical professionals provide women’s health services, prenatal care, labor and delivery, and pediatric care. Southfield also has many private medical providers serving the needs of expectant parents.

While most families have joyful, healthy birth experiences, others face complications. Some of these cause injuries that can affect them for the rest of their lives. When these problems result from medical negligence, both medical providers and hospitals may be held accountable.

If your newborn faces an ongoing struggle with birth injuries and you suspect medical malpractice is to blame, talk to an experienced Southfield birth injury lawyer today. The team at Sommers Schwartz, P.C., is here to help.

Causes of Michigan Birth Injuries

As many as six to eight out of every 1,000 Michigan infants endure significant physical trauma during childbirth, often leading to lifelong injuries and disabilities. Even with the best medical care, some complications and injuries are impossible to prevent. However, many birth injuries occur due to negligence or mistakes by the medical care team.

Situations that increase the risks of injury during childbirth include:

• Delayed birth. Delayed birth, or “prolonged labor,” affects about 8 percent of all births. It increases the risk an infant will experience nerve or muscle damage or suffer a lack of oxygen, which can cause irreversible brain damage.
• Improper use of medical tools. Doctors may use various tools to help move the infant through the birth canal. Improper use of these tools can cause serious, sometimes permanent, injuries. For instance, 0.6 percent of vacuum extractor uses result in severe brain bleeding.
• Problems with monitoring and delivery. A failure to monitor fetal and maternal vital signs during labor and delivery can lead to severe complications. One study found that 40 percent of birth injury claims involved at least one problem with monitoring and managing the delivery process.
• Oxygen deprivation. Inadequate oxygen supply to a baby during labor can lead to many types of birth injuries. The University of Oxford estimates that two in every 1,000 infants suffer severe oxygen deprivation during birth.

Common Types of Birth Injuries

Childbirth can cause a wide variety of injuries and conditions. Some of the most commonly reported injuries to babies born in Michigan hospitals include:

• Brain damage. Brain injuries during birth can cause permanent medical problems that require lifelong, specialized treatment. Lack of oxygen, bleeding, swelling, pressure, and injuries from various tools can all cause brain damage during birth.
• Nerve injuries. Nerve injuries like Bell’s palsy and shoulder dystocia can occur if certain nerves are damaged as the baby passes through the birth canal. Some nerve injuries heal over time, while others cause permanent damage.
• Bone injuries. About one in every 1,000 infants suffer a bone injury during birth; nearly half of such injuries are fractured collarbones. Using excessive force to turn or move a baby during delivery increases the risk of bone injury. While some bone injuries heal well, others cause ongoing pain and mobility issues.

These are common types of birth injuries, but they are not the only ways medical negligence can harm a baby during birth. An experienced Southfield birth injury lawyer can help you examine the evidence, make the connection between your child’s birth events and the conditions your child now faces, and pursue the compensation you deserve.

What To Expect in a Southfield Birth Injury Case

Like other Michigan medical malpractice claims, birth injury cases must follow specific rules set by state law. Determining which procedural rules, time limits, and other requirements apply to your claim can be tricky. An experienced birth injury attorney can expertly navigate the process and ensure your case proceeds correctly.

Time Limits

Michigan law limits how long an injured person has to file a claim in court. These rules are called “statutes of limitations.” If you do not file a lawsuit before the statute expires, you lose your right to recover compensation for your damages.

Michigan’s statute of limitations for medical malpractice claims is two years. A person injured by medical negligence typically has two years from the date of the injury to file a claim. However, several exceptions to this rule exist, including an exception for children injured before they can legally bring a case on their own. While parents often file birth injury claims on behalf of their injured baby, it may be possible for a child to bring a claim once they reach adulthood.

An experienced lawyer can help you determine whether your case is within the statute of limitations. A lawyer can also identify arguments that may qualify you for an exception and keep your claim alive.

Certification

Michigan birth injury claims are also subject to the “notice of intent” (NOI) requirement for medical malpractice claims. This rule requires an injured person to send a Notice of Intent to each party they plan to name in a lawsuit.

There are many requirements for a valid NOI. You must send this written document at least 182 days before you file a lawsuit. Michigan law requires it to contain specific information, including the case facts, the standard of care that should apply, how the named defendants violated that standard, and other vital details. An NOI that meets all the legal requirements pauses the two-year statute of limitations for 182 days, beginning on the date of transmission.

An incomplete, incorrect, or noncompliant NOI may result in your case being dismissed – potentially after the statute of limitations has expired, extinguishing your chance to pursue a claim. Because the NOI has such detailed, specific requirements, working with an experienced Southfield birth injury attorney is vital to ensuring this step goes smoothly.

Compensation

In personal injury claims, a judge or jury awards money damages to compensate a person for losses they suffered due to their injury. These losses may be either economic or non-economic damages.

Economic damages include financial expenses and losses resulting from the injury. In birth injury claims, these losses often include past and future medical bills. An experienced birth injury attorney can help you accurately calculate how much compensation will ensure your child can access the medical care they need throughout their life.

Non-economic damages include compensation for pain and suffering, emotional trauma, and other losses. These damages are more challenging to quantify but can be substantial in cases of severe injuries.

Michigan limits non-economic damages in medical malpractice claims. The Michigan Department of Treasury adjusts the maximum allowable amounts annually to reflect inflation rates. Currently, there are two separate caps: An “upper cap” applies when specific severe injuries are present, and a “lower cap” applies to all other medical malpractice claims.

Successfully arguing that the upper cap applies to your child’s situation can be challenging. A court often makes this decision based on medical expert testimony and highly technical evidence. An experienced Southfield birth injury lawyer with a track record of success will know how to present the best evidence to support the compensation your child deserves.

What To Do to Protect Your Claim

Birth injury claims are often complex, involving specialized medical knowledge, expert witnesses, and evidence. Successfully pursuing a lawsuit can make a significant difference in a family’s financial stability and ability to care for an injured child. For these reasons, working with an experienced attorney who has successfully won compensation in similar cases is essential.

To help lay the foundation for a successful birth injury claim and protect your child’s future, you can take the following steps:

• Save all your paperwork. Keep all paperwork related to your child’s birth and medical treatment together in one safe place. Examples of paperwork to save include encounter forms from doctor’s visits, bills pertaining to your child’s special needs, and receipts for medical bills or purchases you’ve made, like medical equipment.
• Log expenses and treatments. It’s helpful to keep a log of appointments with medical providers and tests. Record transportation costs, like mileage or bus fare, to take your child to medical appointments.
• Start a journal. Record your impressions of your child’s injuries, impairments, and progress over time. Include pictures or videos. Document how your child’s injury and treatment impact your family financially, emotionally, and practically.
• Look for an experienced attorney in Southfield. Look for law firms with experience handling birth injury claims. During your initial consultation, ensure your potential attorney answers your questions in a way you understand. Don’t hesitate to ask about fees and payments – experienced birth injury lawyers will also explain these clearly and straightforwardly.

Choosing an Experienced Southfield Birth Injury Lawyer

If your child has suffered a severe birth injury, your job as a parent becomes more difficult. You may worry about how you’ll afford and provide the specialized care your child needs to live safely and comfortably.

If this sounds familiar, talk to an experienced Southfield birth injury attorney today. The Sommers Schwartz, P.C., team can help you understand your child’s rights and options. Our compassionate, dedicated legal team will help you fight for the compensation your child needs now and in the future. Contact us today to schedule a free, confidential consultation.