Michigan Birth Trauma & Injury Lawyers

The major difference between a birth injury in Michigan and a birth defect is that a defect was usually caused by genetic, environmental, or health conditions, whereas a birth injury occurs during labor and delivery. A birth defect is not caused by medical negligence, but a birth injury may be caused by a preventable medical error. For example, sometimes at the late stage of labor, the baby’s shoulder may become stuck behind the mother’s pelvis, which is called a shoulder dystocia. It is very important that the doctor or midwife who is delivering the baby performs the appropriate maneuvers to gently rotate the baby’s shoulder so they can safely deliver the baby. If those maneuvers are done improperly, or if the doctor instead simply tugs the baby out with force, that can cause damage to the baby’s shoulder nerves, otherwise known as a brachial plexus injury.

Birth injury lawsuits are a kind of medical malpractice. There are unique aspects to birth injury litigation. 

Read more in our comprehensive Birth Injury Litigation Guide.

We get this question, or variations of it, all the time at our child birth injury law firm. We receive calls asking, “Can you sue a hospital for traumatic birth?” or “How long do you have to sue for a birth injury?” In the case that medical negligence occurs, and the hospital is found at all responsible for that negligence, then yes, you can sue a hospital for a birth injury in Michigan.  

Potential clients also ask, “Can you sue a doctor for a birth injury?” In cases where a doctor has committed negligence, and that negligence led to the injury of your child or yourself during labor and delivery, then yes, you can sue the doctor responsible for medical malpractice. So, in short, can you sue for a birth injury? Yes, but that does not mean you will win your birth injury medical malpractice case. This is where the expert attorneys at H/S Law are ready to step in. 

Hoffer & Sheremet birth injury lawyers handle all types of birth injuries that affect either the mother or the child's ability to function in the future. Common birth injuries include cerebral palsy, Erb's palsy, and hypoxic ischemic encephalopathy.

These, and other birth injuries, are usually caused by decreased oxygen to the baby or trauma during delivery. A number of things can cause decreased oxygen, such as prolonged labor, cord prolapse, or placental abruption. Many times, the circumstances causing these obstetrical emergencies were not caused by the healthcare provider.

Instead, birth injury lawsuits are usually based on the failure of the healthcare provider to timely and appropriately address the obstetrical emergency.

Birth injuries range in severity, and sometimes, the extent of the injury is not known for years. Severe birth injuries can require lifelong medical treatment and therapy. The financial impact of medical bills can be crippling. However, if a physician, nurse, other healthcare provider, or hospital was legally responsible for you and your child's injuries, your recovery may include compensatory damages designed to pay past and future medical costs.

Traumatic, mismanaged labor and delivery can affect the baby in multiple ways. Broadly speaking, there can be gross mechanical injuries, such as brachial plexus injuries, and there can be physiological disturbances that cause secondary injuries, such as a brain injury. The longer a complicated labor and delivery continues, it can cause massive stress for the baby, decreasing their fetal reserves, resulting in the baby not being able to tolerate the normal stresses of labor and delivery. 

Typically, the more severe the injury, the higher the compensation for damages as the child may need medical care and assistance for their lifetime. 

There are statutes of limitations in Michigan medical malpractice cases. These are deadlines that must be followed to file a birth malpractice lawsuit correctly. Many parents assume that they have until their child turns 18 to file a birth injury lawsuit. In Michigan, that is wrong. Usually you only have until your child's tenth birthday or if the injury is to the reproductive system, the child's thirteenth birthday. If the child passes away, the case becomes a wrongful death lawsuit, with a different filing deadline.  

This can seem complicated, but our birth injury attorneys in Michigan are here to help. Hiring the top rated birth injury lawyers is crucial to having a successful case outcome. We know the right time to file and settle throughout the birth injury litigation process. 

If you believe your doctor acted negligently during your labor or delivery and that this negligence caused your baby’s death, this is what we call a wrongful death lawsuit. Wrongful death during childbirth is a painful subject and families do not have to go through this grief alone. If your doctor committed malpractice that caused the death of your child, they should be held accountable for their actions. Contact our top-rated birth injury lawyers in Michigan so we can gather your medical records and investigate if your child’s death was caused by medical malpractice. As we’re experts in birth injury litigation many times we can tell if you have a case or not from your free consultation. 

Birth injuries range in severity, and sometimes, the extent of the injury is not known for years. Severe birth injuries can require lifelong medical treatment and therapy. The financial impact of medical bills can be crippling. However, if a physician, nurse, other healthcare provider, or hospital was legally responsible for you or your child's injuries, your recovery may include compensatory damages designed to pay past and future medical costs. 

You and your child may also be entitled to compensation like mileage reimbursement, household help, and money to cover medical equipment or therapies. Your child may also receive compensation for their pain & suffering. Our birth injury lawyers in Michigan can assist in assessing the damages you or your child suffered due to medical negligence. With a combined almost 40 years of experience as child birth lawyers, we know the law and the medicine. As experienced attorneys for birth injury, we can assist in assessing the damages you might be entitled to recover. If you believe your child has a birth injury medical malpractice case, it’s imperative to connect with Michigan birth injury attorneys. 

Navigating the legal process after a birth injury can be difficult. It is up to the plaintiff and their legal team to prove the initial healthcare provider did not act within the “standard of care.” This standard generally refers to what another medical provider of the same specialty would do given the same patient and circumstances. The people who testify to this standard of care are called expert witnesses, and they will swear under oath that the original healthcare provider did not meet the standard of care. However, these witnesses can be costly and difficult to find. That is what the best birth injury lawyers are here to help provide. We have an extensive list of professionals we’ve worked with in the past and front these litigation costs. Birth injury cases can be difficult to prove, but our top medical malpractice lawyers in Michigan have extensive experience in this field and are ready to investigate your possible claim.  

How do you prove a birth injury was caused by medical malpractice? Hiring the right Michigan birth injury lawyers can be the difference in a successful case outcome and proper compensation. Don’t wait to contact us as there are deadlines to file medical malpractice cases in Michigan. 

If you or your baby were injured during the prenatal or delivery periods, you need a team of innovative and experienced birth injury attorneys in Michigan. Based in Grand Rapids, Hoffer & Sheremet accepts birth injury cases throughout the State of Michigan and select cases nationwide.  

We will be with you and your family every step of the birth injury litigation process, from the first phone call to trial and appeal, if necessary. Call today for a free consultation at 616.279.0888, fill out our free consultation form, or email us and our team with be in contact with you shortly. H/S Law is here to listen, contact us today for expert case review.