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A Michigan birth injury lawyer can help if you or your child was injured due to poor medical care during birth. A compassionate and skilled attorney will evaluate the actions of these medical professionals, work with experts who could testify on your behalf, and demand fair compensation for your losses.

The anticipated birth of a child should be a joyous time for everyone involved. Although this is a complex and often dangerous medical procedure, modern science is now able to prevent—or at least mitigate—many of the risks at birth.

However, the duty to provide proper medical attention still rests on doctors, nurses, and hospitals. It is vital that all medical professionals involved in neonatal care and birthing take safe and responsible measures during each step of this process. Unfortunately, neglect of care or failure to remain alert can result in devastating birth injuries and defects for both the mother and child alike.  Our award-winning attorneys at The Buckfire Law Firm are ready to help you and your family through this difficult time.

What is a Birth Injury in Michigan?

A birth injury is when the newborn or mother suffers harm during the birthing process.

Even with all of the medical advances and technology, serious and permanent injuries to newborn babies still occur in hospitals. Many of these birth injuries result only in temporary harm, but others are permanent and will affect the child for a lifetime. Many times, the injury becomes more apparent as the child gets older and delays in development become more obvious.

A birth injury can be the result of nature or due to the negligence of a medical provider. Physicians and nurses in the obstetrics department at a hospital are trained for both normal deliveries and those that involve complications. It is their job and legal duty to handle every type of situation with proper medical care. This includes anticipating potential problems during the birthing process, like abnormal fetal monitoring strips, a lack of oxygen, or that a c-section is needed due to the size of the baby’s head and shoulders.

If a birth injury was the result of medical negligence or medical malpractice, a parent or guardian can file a birth injury lawsuit. These cases demand compensation for the harm to the baby and the parents. These cases often result in large settlements and compensation payout amounts.

Birth injuries can arise from various complications during labor and delivery, and many of these cases may involve medical malpractice if preventable issues are not addressed promptly. A well-versed Michigan birth injury attorney can help families understand whether medical negligence played a role in their child’s injury. Here are some common causes of birth injuries:

  • Baby’s Size: Larger babies or premature infants are at a higher risk of injury due to the physical challenges posed during delivery.

  • Baby’s Position: If the baby is not head-first in the birth canal, such as in a breech (buttocks-first) position, the risk of injury increases. Medical staff must recognize these positions and adjust the birth plan to prevent harm.

  • Maternal Health Conditions: Health issues like obesity, diabetes, or preeclampsia can complicate the birth process and elevate the risk of injury for both the mother and baby.

  • Delivery Method: Tools like forceps or vacuum extractors can cause serious injuries if not used correctly. Medical professionals are responsible for using these methods safely and only when necessary.

  • Prolonged Labor: Long or challenging labors increase the chances of fetal distress, which can lead to oxygen deprivation and permanent injury if not managed promptly.

  • Pelvic Size and Shape: A mother’s pelvic structure may sometimes make vaginal delivery difficult or unsafe, requiring alternative delivery methods to prevent injury.

  • Healthcare Provider Competency: Inadequate training or lack of experience among medical staff can lead to errors in recognizing fetal distress or taking timely action, which can have severe consequences.

  • Laboratory Errors: Mistakes in prenatal testing and monitoring can lead to incorrect diagnoses or delayed interventions, potentially causing preventable harm.

While modern medical advancements have significantly reduced the rate of birth injuries, the duty of care remains crucial. When healthcare providers fail to identify and respond to these risks, they may be liable for the resulting injuries, giving families a basis for pursuing compensation.  A well-versed Michigan birth injury attorney could help an injured patient to understand how an injury or defect during birth may have been the result of a doctor’s malpractice.

Common Types of Birth Injury Cases

A birth injury lawyer handles many types of cases involving labor and delivery and events shortly after the child is born. The most common types include:

  • Cerebral Palsy is a major type of birth injury.  The baby may present with immediate signs of problems or delays, or these may be noticed within a few years after birth. Cerebral palsy can result from oxygen deprivation and cause permanent brain damage. Other birth defect problems include issues with muscle and coordination issues, speech and language, and mobility.
  • Erb’s Palsy: Erb’s Palsy involves partial or full paralysis of the arm caused by damage to the brachial plexus nerves during birth. It often results from excessive force applied while delivering the baby or failure to perform a timely c-section when complications arise. Long-term effects can range from weakened arm function to permanent nerve damage.

  • Brachial Plexus Injuries: This type of nerve damage occurs when there is excessive pulling or stretching of the baby’s head or shoulders during a challenging delivery. Brachial plexus injuries can result in permanent disability affecting the baby’s ability to move their arm and shoulder.

  • Bell’s Palsy: Bell’s Palsy is characterized by temporary or permanent weakness or paralysis on one side of the face. It can occur due to trauma or pressure on the facial nerve during birth, especially in cases of prolonged labor or difficult delivery.

  • Shoulder Dystocia: similar to Erb’s Palsy and can be caused during delivery. It can be caused during childbirth when the newborn’s shoulders do not pass through the birth canal or are obstructed. The result may be permanent damage to the shoulder and nerves of the arm that affect a child for a lifetime.

  • Hypoxic and Anoxic brain injury: These brain injuries result from a lack of adequate oxygen (hypoxia) or a complete absence of oxygen (anoxia) to the brain during birth. Such conditions can cause severe cognitive and developmental impairments, and even permanent brain damage, affecting the child’s entire life. 

  • Hypoxic Ischemic Encephalopathy (HIE): HIE occurs when the baby’s brain is deprived of oxygen and blood flow during labor or delivery, leading to permanent brain damage. Children with HIE may experience cerebral palsy, developmental delays, and other serious long-term disabilities.

  • Forceps Injuries: Improper use of forceps during delivery can cause physical injuries to the baby’s face, head, and eyes, potentially resulting in cuts, bruising, skull fractures, or brain damage. These injuries may require reconstructive surgery or lead to permanent facial or eye damage.

  • Stillborn Baby Deaths: A devastating outcome, stillbirths can occur when medical negligence leads to complications that deprive the baby of oxygen or essential care. Families affected by preventable stillbirths may have legal grounds to pursue compensation for their losses.

  • PreeclampsiaThis condition occurs when a mother develops high blood pressure during pregnancy, which can lead to seizures and other life-threatening conditions if not properly monitored. Preeclampsia increases the risk of birth injuries and requires vigilant medical oversight to protect both mother and baby.

  • Persistent Pulmonary Hypertension (PPHN): PPHN occurs when a newborn’s circulation system does not adapt to breathing outside the womb, causing severe breathing difficulties and requiring immediate intervention. If untreated, it can lead to long-term health issues, including heart and lung complications.

  • Neonatal Stroke:  Strokes in newborns are rare but can be caused by birth complications or blood clotting disorders. A neonatal stroke may lead to cerebral palsy, epilepsy, and other neurological issues, often requiring specialized care throughout the child’s life.

  • Spina Bifida: This birth defect occurs when a baby’s spinal cord fails to develop properly, leading to physical disabilities that range from mild to severe. Early diagnosis and proper prenatal care are essential to manage spina bifida and minimize its impact.

  • Meningitis: Meningitis is a potentially fatal infection that can affect a newborn if exposure occurs during delivery. Early detection and treatment are critical to avoid brain damage, hearing loss, or other permanent health issues.

  • Cystic Fibrosis: This genetic disorder affects the lungs and digestive system, leading to chronic health problems and frequent hospitalizations. While not always the result of birth injury, failure to diagnose cystic fibrosis early can delay essential treatments that improve the child’s quality of life.

Neonatologist Errors

A neonatologist must carefully monitor the baby for signs of distress before delivery. During this time, it is essential to properly monitor the newborn for any signs of distress—If there is any evidence of fetal distress or newborn distress, the physician and nursing staff should initiate treatment quickly to avoid permanent harm or injury to the baby.

In some instances, however, the doctors or nursing staff fail to timely recognize this distress. Unfortunately, this can result in significant harm to the child or mother. The failure to recognize distress can be the result of many reasons, ranging from an understaffed neonatal department or simply just negligence in failing to properly monitor the baby. No matter the reasons, however, the doctors and hospital could be subject to a malpractice lawsuit when this behavior occurs and results in a child suffering injuries or defects.

Neonatal Intensive Care Unit Mistakes

Babies that are in their first 28 days of life are called neonates. Often, if a baby is particularly fragile or facing some challenges, he or she is placed in the neonatal intensive care unit. Any mistakes with these fragile babies can be life-threatening. Unfortunately, there are many ways an infant can be injured while in a care unit. These include, but are not limited to:

  • Medication Errors: Incorrect dosages or administration of medications can lead to severe complications, affecting a neonate’s developing organs and overall health.
  • Failure to Adequately Monitor the Baby: Consistent and precise monitoring is crucial in the NICU. Failure to monitor vital signs can result in missed signs of distress, potentially leading to long-term damage or fatal outcomes.
  • Failure to Diagnose or Treat Jaundice: Jaundice is common in newborns and, if untreated, can lead to a condition known as kernicterus, which can cause irreversible brain damage.
  • Poor Ventilation: Proper oxygen levels are essential for a baby’s survival and development. Inadequate ventilation or equipment failure can result in hypoxia (lack of oxygen), leading to brain damage or other serious complications.

Birth Injuries to Mothers

While much focus in birth injury cases falls on the child, mothers themselves can also suffer serious and sometimes life-altering injuries during the birthing process. Birth injuries to mothers can arise due to various complications, especially when healthcare providers fail to respond appropriately to signs of distress or ignore established safety protocols. At Buckfire Law, our experienced birth injury attorneys understand the physical, emotional, and financial toll of these injuries on mothers and their families, and we are here to help you seek the compensation you deserve.

Physical Birth Injuries to Mothers

  • Hemorrhaging and Excessive Blood Loss: Postpartum hemorrhage is one of the leading causes of birth-related complications for mothers. When untreated, significant blood loss can lead to severe complications, organ damage, or even fatality. Medical professionals must be vigilant for signs of hemorrhaging and prepared with prompt and effective treatment.

  • Uterine Rupture: Uterine rupture occurs when the wall of the uterus tears during labor, a rare but critical emergency. It is especially a risk for women who have had previous C-sections or other uterine surgeries. A delayed or missed response can endanger both mother and child, and prompt intervention is crucial.

  • Infection Due to Medical Negligence: Infections can develop from improper sterilization of medical tools, failure to recognize or treat existing infections, or inadequate postpartum care. Untreated infections, such as sepsis, can have long-term health impacts or even be life-threatening.

  • Pelvic Organ Prolapse: In some cases, the trauma of childbirth can cause the muscles and tissues supporting pelvic organs to weaken, leading to pelvic organ prolapse. Symptoms may include discomfort, pain, and a limited ability to perform certain physical activities. While a natural risk of childbirth, medical negligence during delivery can increase this risk.

  • Perineal Tears and Incorrect Episiotomy Repair: Severe perineal tears or improperly repaired episiotomies can lead to chronic pain, infection, and even incontinence. Skilled medical care is essential in properly handling these injuries and providing the right recovery plan.

  • Nerve Damage: Nerve injuries, such as damage to the femoral or pudendal nerves, can occur if undue force or poor positioning is used during labor or delivery. These injuries can result in long-term pain, numbness, or mobility issues that disrupt daily life.

Psychological Birth Injuries to Mothers

  • Post-Natal Depression (PND): Many mothers experience some form of depression following childbirth. While PND is relatively common, severe cases often stem from traumatic or stressful births where medical staff may have failed to provide adequate support. Symptoms may include overwhelming sadness, fatigue, anxiety, and difficulty bonding with the newborn, affecting both mother and child’s quality of life.

  • Post-Traumatic Stress Disorder (PTSD): Childbirth-related PTSD can develop if the mother perceives the birthing process as life-threatening or experiences significant fear and helplessness. Medical negligence, such as failure to monitor the baby’s heartbeat, improper use of forceps or vacuum extractors, or dismissive behavior by medical staff, can heighten these feelings and contribute to PTSD. Symptoms may include flashbacks, anxiety, panic attacks, and emotional numbness, which can impact a mother’s ability to care for her child.

At Buckfire Law, we recognize the profound impact these birth injuries can have on mothers. Our team of compassionate and experienced birth injury lawyers will gather all necessary medical records, consult leading experts, and pursue the compensation you need to support your recovery.

How our Michigan Birth Injury Attorneys Will Help Your Case

Even seemingly normal births can suddenly take a dangerous or even tragic turn. An injury during childbirth may have a devastating effect on both a mother and their child, resulting in complications or defects. However, doctors should be prepared for these developments and be ready to take all steps within their abilities to prevent harm to a patient. Medical professionals who fail in this duty may, therefore, be held legally liable for the resulting damages.

Our experienced birth injury lawyers will get all of the medical records from labor and delivery and prenatal care. We will also get the ultrasound images and fetal monitoring strips. We carefully review these with our in-house medical-legal team and also discuss the case with the top medical experts in the United States.

If we determine that a birth injury occurred due to medical errors and neglect, we will file a birth injury lawsuit for you. We will prove liability against the doctors and hospital and also work hard to build a case for recoverable damages. Because your child may have special needs for a lifetime, we will hire life care planners and economists to project the financial losses and needs of your child. We then use this information to demand compensation for you and your child.

Michigan birth injury lawyer

Can I Sue for Birth Injury Caused by Medical Negligence?

You can sue a doctor or hospital if a birth injury was the result of medical negligence. To win a medical malpractice case, it must be proven that the injury was preventable with proper care, precautions, and treatment. Our birth injury legal team has the expertise to determine if you and your child have a case and are entitled to compensation.

Some examples of lawsuits filed for a birth injury caused by medical negligence are listed below and include the:

  1. Doctor’s failure to note a baby’s poor positioning in the uterus. With proper screening, like the use of an ultrasound, the medical team can prepare for the birth and take appropriate actions to prevent harm to the baby.
  2. Proper actions not being taken when the baby has the umbilical cord wrapped around the neck. This labor and delivery error can result in not enough oxygen reaching the brain.
  3. Failure to perform a c-section when it is known or should be suspected, that the baby will suffer harm during delivery. This is especially true when the baby is noted to have a large head or shoulders and a vaginal birth will likely cause a deprivation of oxygen or permanent harm to the nerves in the arm and shoulder.
  4. Misdiagnosis or failure to treat an infection of the mother at or before birth. The infection can pass to the baby and cause permanent damage.
  5. Misreading of fetal monitoring strips that indicate problems with the baby before birth. If properly read in advance, the doctors could have delivered the baby sooner to avoid serious injuries and harm to the child. This can lead to birth asphyxia and hypoxic-ischemic encephalopathy.
  6. Poor and improper use of medical instruments, like forceps, that permanently injure the baby. This is another type of labor and delivery mistake.
  7. Medical errors that cause the death of a baby, like a stillbirth or stillborn baby.

The Role of an Expert Witness in Michigan

Birth injury cases—like all other malpractice cases—are often complicated. In fact, a victim may be unable to do so much as file a complaint in court without the help of an expert witness. Because of this, these witnesses are often necessary to provide their opinion as to how an injury happened during the birth process, as well as why the doctor was at fault.

According to Michigan Compiled Laws §600.2169, these experts must fit a very specific profile. Essentially, an expert must be accredited in the same field as the defendant doctor. In most cases for birth injuries, this means that the expert should be a board-certified OBGYN. Furthermore, the expert must have spent the past year predominantly focused on the relevant field or teaching these practices to students. A well-practiced birth injury lawyer familiar with this process in Michigan could work to ensure that the proper experts are consulted for a case.

Are there Caps or Limits on Compensation Amounts?

In Michigan, there are limits on the amount of compensation that may be awarded to an injured plaintiff. For example, under Mich. Comp. Laws §600.1483, these malpractice cases carry a cap for all non-economic losses—which may include pain and suffering, emotional anguish, and loss of quality of life. Because of these nuances, a Michigan birth injury lawyer familiar with the limitations will help a claimant to understand their chances of recovery.

In addition to these damages, there is significant economic compensation that can be sought as well in a lawsuit. These include claims for past, present, and future medical expenses, educational expenses, housing costs, transportation costs, and other specific monetary claims that a family and child will incur due to birth trauma. We hire economic experts to determine the annual economic costs and project those costs over the lifetime of the child.

Examples of Michigan Birth Injury Lawsuit Settlements

  • $9,500,000 settlement for an infant that suffered severe and permanent brain damage due to negligence at a hospital
  • $7,500,000 settlement in a birth injury lawsuit for a baby who suffered brain and kidney damage after an emergency C-section.
  • $7,500,000 against a hospital for the failure to monitor an infant’s vitals which led to a metabolic stroke and permanent brain damage.
  • $7,000,000 for the failure to properly monitor a baby after birth which caused a permanent brain injury.
  • $6,000,000 settlement for a premature baby who suffered hypoxic-ischemic encephalopathy (HIE) and spastic quadriplegia during surgery
  • $5,850,000 settlement against a Michigan hospital, doctors, and nurses for failure to treat high bilirubin which resulted in a newborn’s brain damage.
  • $4,500,000 settlement for a premature baby diagnosed with spastic quadriplegic cerebral palsy after being over-ventilated in the neonatal unit. The hospital staff failed to monitor the baby’s blood levels during his intubation, resulting in decreased cerebral blood flow and causing irreversible brain damage.
  • $4,300,000 settlement for a child who suffered cerebral palsy due to a delay in performing a C-section at the hospital
  • $3,575,000 birth injury settlement due to the delay in performing a C-section. The baby developed spastic quadriplegia and cerebral palsy due to the delay.
  • $2,750,000 HIE settlement in a birth injury malpractice lawsuit. The baby was born with cerebral palsy when health care providers failed to take the proper precautions for a mother with a history of growth-restricted pregnancies. The negligent failure to properly monitor fetal development resulted in intrauterine growth restriction, hypoxia-ischemia, and infection causing severe brain damage.
  • $2,000,000 settlement in a birth injury lawsuit for a baby who suffered permanent brain damage due to misdiagnosed Strep B in utero.
  • $2,000,000 settlement for lack of oxygen at birth due to no fetal monitoring in the delivery room.

Birth Injury Case Study

A 29-year-old pregnant mother presented to the hospital at 39 weeks with complaints of decreased fetal movement. Despite the need for an immediate c-section delivery, the doctors admitted her to the hospital to induce labor. During induction of labor, she and the baby showed serious problems.

The medical staff ultimately delivered the baby by c-section. However, the delay caused acute hypoxic ischemic encephalopathy and resulted in permanent brain damage. A birth injury lawsuit was filed and the hospital later agreed to pay a settlement in the amount of $8,000,000.

Is there a Time Limit to File a Birth Injury Lawsuit in Michigan?

Yes, but the time limit to file a birth injury lawsuit in Michigan depends on the age of the child. If a child is under 8 years old when the injury occurred, he/she may have until their 10th birthday to file a complaint. If the child is 8 years old or older when the alleged malpractice occurred, he/she may only have two (2) years from the date of malpractice in which to bring his/her claim. The statute of limitations for cases involving a birth injury is different than for other medical negligence cases in Michigan. These deadlines can be confusing so it is important to contact an experienced birth injury attorney immediately to avoid missing the deadline to file a case.

How much does it Cost to Hire a Birth Injury Lawyer?

Our Michigan birth injury attorneys do not charge any fees to pursue your case. We only get paid a fee if we win a settlement for you and your child. We also pay all of the case costs and expenses to pursue and prove your case. There is no risk whatsoever to get started on your case and if it is unsuccessful for any reason, you owe us nothing!

Contact a Michigan Birth Injury Lawyer Now

If you or your child was injured during birth, you may be traumatized and unsure of how to proceed. However, a Michigan birth injury lawyer will explain your legal options and guide you through the ensuing legal process to seek recovery for your damages. To schedule a free consultation, contact us today. We charge no fees unless you get a settlement!

Birth Injury References and Resources

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: Nov., 2024

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