Michigan Birth Injury Lawsuit FAQs

Suffering a birth injury can be traumatizing. If you or your newborn suffered injuries during the birthing process, trying to navigate a legal claim to pursue compensation can be overwhelming or even unimaginable right now.

However, if a doctor or hospital is at fault, you should not have to cover all your medical expenses and other damages alone. Luckily, the experienced and compassionate attorneys at Buckfire Law Firm are available 24/7 to personally discuss your case and assess the likelihood of securing the highest possible birth injury settlement.

However, you likely have countless questions and may not even be sure where to begin. This is where reading our FAQs about birth injury cases in Michigan can come in handy. If you’re not ready to give us a call, our answers below can help you understand your legal options and put you on the right path to starting a case when you’re feeling ready.

Our Michigan birth injury and cerebral palsy lawyers recognize that you may have many questions if your child was born with a birth injury that could have been prevented. We attempt to answer many of these questions in our FAQ section below. Some of the most common questions we get asked include:

What are my rights after a birth injury?
Can I sue a doctor or hospital after a birth injury?
Do I need to work with a lawyer?
How do I choose the right law firm for my case?
How long do I have to file a claim?
What types of compensation can be included in a claim?
How much can I win in a birth injury settlement?
What is the birth injury case process?

The Importance of Asking Questions Immediately

There are strict time limitations for filing birth injury cases in Michigan. If you wait too long, your case may be barred forever.

In Michigan, if a child is under 8 years old and suffered a birth injury, they have two years after the incident to file a claim or by their 10th birthday–whichever time period is longer.

This is why it is crucial to get in touch with a lawyer as soon as possible. By working with our legal team, you can ensure you understand your rights so that you have a fair shot at recovering compensation.

Read Our Birth Injury FAQs to Learn More

Our attorneys at the Buckfire Law Firm have extensive experience handling birth injury and cerebral palsy cases. Our legal team is passionate about helping every client we represent through each step of their claim—from answering questions and explaining their rights, to hearing their story and calculating the damages that fit their unique case.

As our answers below demonstrate, we are well-versed in the legal nuances that go into every birth injury claim. We can help you navigate this complex process and request the money (and justice) that is owed to you.

After reading our FAQs about birth injury cases in Michigan, give us a call to discuss your case. Our initial consultations are always free, and we don’t charge any legal fees unless you receive a settlement.

CAN I SUE A HOSPITAL IF MY CHILD WAS BORN WITH A BIRTH DEFECT BECAUSE THE HOSPITAL AND DOCTORS MADE MEDICAL MISTAKES DURING THE DELIVERY?

Yes, you can file a Michigan birth trauma case if the medical malpractice was a cause of your child’s birth defect or mental retardation. The money damages sought for your child will include the costs of lifetime care, which is often in the millions of dollars.

WHAT IS A BIRTH TRAUMA CASE?

A “birth trauma” case refers to a lawsuit or case filed on behalf of a baby or child that suffered some type of birth injury. These typically relate to injuries suffered before birth (in utero), at the time of delivery, or immediately after birth. Injuries frequently seen include cerebral palsy, erbs palsy, and shoulder dystocia. Because the injuries are often significant, including brain damage, these cases need the attention of an experienced birth injury lawyer.

CAN I FILE A LAWSUIT FOR BIRTH INJURIES CAUSED FROM UMBILICAL CORD COMPLICATIONS?

Yes, you can file a lawsuit for birth injuries caused from umbilical cord complications. Doctors and hospitals are trained to promptly recognize when the umbilical cord poses a danger to the baby and then take necessary steps to prevent injury or harm to the child. Medical errors in this situation causing birth injuries can lead to the filing of a medical malpractice lawsuit.

Lawsuits for birth injuries caused from umbilical cord complications due to medical mistakes include failure to monitor cord blood velocities, failure to conduct high resolution ultrasound to detect umbilical cord complications, failure to perform caesarian section in, failure to detect cord knots and nuchal cord (umbilical cord wrapped around part of the body), and failure to perform color Doppler sonogram studies.

If you or someone you know has a newborn baby who suffers permanent injuries from umbilical cord complications, you should call our lawyers immediately so that we can fully investigate your medical malpractice case.

CAN I FILE A LAWSUIT IN MICHIGAN FOR FORCEPS BIRTH INJURIES?

Yes, you can file a medical malpractice lawsuit in Michigan if your child suffers forceps injuries during delivery. Forceps birth injuries can result into serious complications for the baby, and if these injuries were caused due to a medical mistake or negligence by a Michigan physician or other medical provider, you do have legal rights.

Child birth complications such as breech position, prolonged labor or large baby delivery may require the use of forceps to deliver the baby safely. However, forceps must be used carefully due to the seriousness of injury that can be caused due to misuse. Babies injured by forceps at birth can require a lifetime of special needs and accommodations due to forceps injuries.

Physicians should be properly trained to use forceps without injury or incident, however when a medical mistake occurs and a baby suffers permanent damages, a medical malpractice lawsuit can be pursued. This type of lawsuit would seek compensation for the injuries to the child and also for the significant expenses it will take to care for the child over his or her lifetime.

If you or someone you know has a newborn who suffers permanent damage from forceps birth injuries, you should call our lawyers immediately so that we can fully investigate your medical malpractice case.

CAN I SUE A MICHIGAN DOCTOR FOR INJURIES FROM SHOULDER DYSTOCIA DURING LABOR?

Yes, you can sue the Michigan doctor, hospital, or delivery nurse for injuries from shoulder dystocia during labor. Shoulder dystocia occurs when the baby’s head is able to be delivered through the vagina but the shoulders get stuck in the mother’s body. When this happens, both the mother and the baby can suffer injuries.

The treating doctor and medical providers should evaluate the pregnant woman to identify whether or not she is a high risk factor for shoulder dystocia. When the risk factors are identified, the treating doctors and medical providers should anticipate a potential problem at the time of delivery and take precautionary measures. When a pregnant woman is a high risk factor for shoulder dystocia, and the doctors fail to identify those risk factors, and the mother or baby suffer injuries due to shoulder dystocia taking place during labor, the parents of the child do have the legal right to sue the Michigan doctor.

Call our office now at (800) 606-1717 if you or a family member suffers injuries due to shoulder dystocia during labor. Our experienced Michigan medical malpractice birth injury lawyers will investigate your case immediately gathering all the medical records and evidence to prove and win your case.

WHO CAN I SUE IF MY BABY SUFFERED A BRAIN INJURY DUE TO A VACUUM EXTRACTOR DURING DELIVERY?

You can sue the physician or doctor that improperly used the vacuum extractor during causing your baby to suffer a brain injury. Vacuum extractors are often used during the birthing process to assist the doctor with the safe delivery of the child. This instrument must be used properly and safely or there can be significant injury to the baby, including brain injury or damage.

Physicians should be properly trained to use a vacuum extractor without injury to the baby, however when a baby suffers brain injury due to vacuum extractor during delivery, and it is because the physician or doctor use the instrument improperly, the physician or doctor is considered to be negligent and you do have means to sue them for their negligence or medical error.

For more information about brain injury to child after vacuum during delivery, call our office now at (800) 606-1717 to speak with one of our experienced medical malpractice lawyers in pursuing a Michigan birth injury lawsuit. We will start working on your case immediately gathering all the medical records and evidence to prove and win your case.

CAN I FILE A MICHIGAN LAWSUIT FOR PREMATURE BIRTH INJURIES?

Yes, you can file a Michigan lawsuit for premature birth injuries, if the injuries were caused due to the Michigan doctor or hospitals failure to take necessary steps to prevent premature birth injuries. Physicians and hospitals are trained to identify mothers in preterm labor and take necessary steps to prevent injury or harm to the baby. If you went into preterm labor and your physician did not try to prolong the pregnancy or take other action to prevent injury or harm to the baby, you may have legal rights to file a Michigan birth injury lawsuit.

It is necessary to contact an experienced birth injury lawyer to review the records so that a determination can be made as to whether you and your child are entitled to compensation for your injuries. Call our office now at (800) 606-1717 to speak with one birth injury lawyers in Michigan to discuss your case. We offer a free consultation and will represent you and your family under our No Fee Promise, meaning you do not pay any legal fees until we prove and win your case.