Westland Birth Injury Lawyers

Expectant parents take many steps to ensure their child is born healthy and happy, including attending doctor’s appointments and being vigilant about their health. When medical negligence results in a birth injury, it can be disheartening. Although such occurrences are infrequent exceptions, they can leave parents frustrated and anxious about their child’s future.

Many birth injuries are the result of medical malpractice. If your child suffered an injury at birth, talk to an experienced Westland birth injury lawyer today. The legal team at Sommers Schwartz, P.C., can help you understand your legal rights and options and fight for your child’s well-being and future.

How Do Birth Injuries Occur?

Many things can complicate the process of labor and delivery. Certain factors increase the risk that the baby, mother, or both will suffer injuries during a birth. These factors include:

• Large babies. Complications and injuries are more common for babies that weigh over eight and a half pounds (4,000 grams).
• Premature babies. Labor before the 37th week of pregnancy is more dangerous for both mother and child. Premature babies’ bodies are fragile, putting them at higher risk of injury during birth.
• Fetal size. A baby’s head that is too large in proportion to the mother’s pelvis increases the risk of harm during vaginal delivery.
• Prolonged or difficult labor. Many problems can arise during a long or difficult labor, such as a lack of oxygen to the fetus.
• Umbilical cord problems. A knotted umbilical cord or a cord wrapped around a fetus’ neck can deprive it of oxygen, causing brain trauma and other serious injuries.
• Improper birth position. The ideal delivery position for a newborn is facedown and headfirst. A baby in the breech (bottom first) or other position increases the risk of injuries.

One or more of these risk factors occur in many deliveries. In most cases, the medical care team responds quickly and appropriately, protecting the health and well-being of both the mother and baby. Unfortunately, this isn’t always the case. The chance of a birth injury increases when:

• Doctors and nurses do not adequately monitor the mother and baby. Lack of proper monitoring can cause medical teams to miss signs of distress. Failure to respond quickly and appropriately can lead to more serious complications and lasting injuries.
• Negligent or inadequate prenatal care. Many medical conditions can increase the risk of premature birth. Premature birth may be more likely if medical providers miss critical prenatal care information. Babies born prematurely often need specialized care, as their organs haven’t yet fully developed. They may suffer severe, lifelong conditions requiring constant medical care.
• Other medical errors occur. Every member of a mother’s labor and delivery team must meet the standard of care to reduce the risk of mistakes. Medication errors, misdiagnoses, and other examples of negligence harm many patients during and after the birth process.

Types of Birth Injuries

Many different types of injuries can occur during labor and delivery. Common types of birth injuries include:

• Nerve damage. Brachial palsy is an injury to a group of nerves called the brachial plexus. These nerves connect a baby’s brain to its hands and arms. Brachial palsy may occur if the baby’s shoulder is injured or stuck during delivery. While some cases of brachial palsy are temporary, others cause permanent hand and arm mobility issues.
• Swelling, bruises, or lacerations. Newborns may experience swelling, bruises, or cuts during birth, often when tools like forceps or vacuum extractors are used to assist delivery. In some cases, these injuries may cause severe, permanent problems.
• Facial paralysis or Bell’s palsy. If the nerves connecting a baby’s face to its brain are injured, the newborn may lose the ability to move its facial muscles. Bruised nerves may heal over time; torn nerves often require surgery and may never fully recover.
• Cerebral palsy. Cerebral palsy is a brain injury that affects motor function. A common cause of cerebral palsy during birth is a lack of oxygen to a baby’s brain. Fetal monitoring during labor and delivery can help medical teams spot signs of distress and respond before serious harm occurs.

Birth Injury Claims in Michigan

Childbirth is inherently risky to both mother and baby. While some birth injuries are unavoidable, appropriate and attentive medical care can prevent many others. To prove a medical error or omission caused your child’s birth injury, you must establish:

• The existence of a healthcare provider-patient relationship.
• The medical provider’s applicable duty of care.
• The medical provider’s breach of their duty by failing to meet the standard of care.
• The medical provider’s breach of their duty proximately caused the injuries.
• The mother or baby suffered damages.

The “standard of care” is the care a trained, reasonably prudent medical provider would have provided in the same situation. The medical community often broadly agrees upon standards of care, but these can change over time as technology improves and medical best practices evolve. An expert witness usually testifies to establish the standard of care in a birth injury case.

You may present medical records, witness testimony, and other physical evidence to prove the other elements of your claim. Your attorney can help you understand what you need to establish and the best ways to present evidence supporting your case.

Time Limits for Birth Injury Cases

The “statute of limitations” limits the time you have to file a legal claim against the hospital, doctor, and other medical professionals for a birth injury. It’s essential to contact an experienced Michigan birth injury lawyer quickly to ensure you file your claim within this period.

Promptly contacting an attorney is also beneficial to your chances of success. The longer you wait, the more difficult it is for you and your attorney to gather evidence, reach witnesses, and develop an accurate assessment of the connection between a medical provider’s behavior and your child’s injuries.

Notice of Intent

All Michigan medical malpractice claims, including birth injury claims, must include a Notice of Intent (NOI). This notice is sent to the healthcare providers or facilities you will name in your lawsuit. The NOI must contain all the following information:

• The factual basis of the claim.
• The standard of care.
• How the provider or providers breached the standard of care.
• What should have been done to meet the standard of care.
• How the breach of the standard of care caused the injury.

Strict timelines govern the filing of a Notice of Intent. For instance, following the filing of the NOI, the injured person or their representative must wait at least 182 days before filing a lawsuit. During this period, the parties may work toward a settlement. Providers also have strict deadlines for responding to any NOI they receive.

An experienced birth injury lawyer can help ensure you meet the NOI requirements so your case can proceed.

Damages in Michigan Birth Injury Claims

Michigan birth injury claims often differ from other medical malpractice claims regarding damages. When medical malpractice involves an adult, damages often focus on what the adult has lost, such as lost wages and medical expenses.

In a birth injury case, nearly all the losses focus on the future. What would your child have been able to do without the injury? What care will your child need in the coming years and decades? Who will provide the support your child requires? Experienced medical malpractice attorneys can help you properly calculate the value of these anticipatory losses.

Contact Sommers Schwartz, P.C., Today

If your child was injured during pregnancy or childbirth, please contact Sommers Schwartz, P.C., to schedule a free consultation. For nearly 50 years, our birth trauma lawyers have fought for the rights of mothers, babies, and families. We work on a contingency fee basis, which means that you don’t pay unless we recover compensation for you.

Contact us to schedule a free consultation to learn how we can help you pursue a birth injury claim.