Michigan Birth Injury Lawyer
Experienced MI Birth Injury Attorneys for Pregnancy, Labor & Delivery Malpractice
Welcoming a baby into your family should be a time of joy. Although the risk of a medical error during pregnancy or delivery is rare, the results can be devastating. A preventable error can turn a wonderful event into a tragic one. Medical negligence is dangerous in any procedure, but it is especially dangerous during birth. Both the mother and the baby are at risk of a serious birth injury. If your child suffered birth injuries due to medical negligence, speak with a Michigan birth injury lawyer at Lipton Law.
The attorneys at Lipton Law are here to help Michigan residents recovering from medical negligence and malpractice. We can provide you with the edge you need to hold negligent medical professionals accountable for the pain your family has endured. We will do everything in our power to secure the best possible results for you and your family. Our Southfield medical malpractice lawyers are highly skilled litigators who will always have your best interests at heart. To schedule your free case review, please call our law firm at (248) 557-1688 today.
What Is a Birth Injury?
Birth injuries are physical injuries that happen to either the mother or the baby during labor and delivery. Often, birth injuries result in minor or temporary harm. However, serious injuries may have long-term consequences.
Babies can experience anything from mild bruising to broken bones and permanent conditions. Mothers can experience tears, hemorrhoids, and even nerve damage.
In other words, these situations have the potential to cause physical pain, long healing processes, and even permanent disability.
What Is a Birth Defect?
Birth defects are different from birth injuries in very significant ways. These structural changes happen in the fetus and are present at the time of birth. However, they can be found and identified before birth, during birth, and after birth. The severity of a child’s birth defect depends on the body part affected. Some might not affect the child at all, while others can affect someone’s expected lifespan.
According to the Centers for Disease Control (CDC), birth defects occur in 1 out of every 33 babies born each year in the U.S. This makes them much more common than birth injuries. To learn more about birth defects, read our blog “Birth Injury vs Birth Defect: Know the Differences.”
Types of Birth Injuries
Birth injuries range in severity from mild bruising or tearing to life-threatening injuries. Below, we outline some of the most notable birth injury claims that we see in Michigan.
Types of Birth Injuries to the Mother
Although the term “birth injury” is perhaps most commonly used to refer to injuries that a baby suffers during birth, birth injuries happen to mothers as well. Given how a delayed diagnosis impacts the health of a patient, it is very important for doctors to quickly recognize and treat these injuries.
If you suffered from an injury due to birth-related medical malpractice, we recommend speaking with a qualified Michigan birth injury attorney. Filing a medical malpractice lawsuit can put you on the path to financial recovery after your traumatic experience.
Traumatic Birth Effects on Baby
Newborn babies are extremely vulnerable to various types of birth trauma, including pressure, oxygen deprivation, and other complications. If your baby suffered a life-changing birth injury, contact the Michigan birth injury lawyers at Lipton Law today. We’ll go over your legal options to seek compensation and hold your medical provider accountable.
Cerebral Palsy
Cerebral palsy is a type of birth injury caused by brain damage during birth, leading to poor motor skills, muscle spasms, and weakness. Medical professionals are responsible for properly monitoring the mother and baby during delivery. When lack of proper medical care results in cerebral palsy, Michigan families can pursue legal action against doctors and other medical professionals. Although the life expectancy of individuals with cerebral palsy is generally unaffected except in severe cases, individuals with this condition often require costly lifelong medical care. Contact our Michigan cerebral palsy attorneys to file your claim.
Erb’s Palsy
Erb’s palsy is a birth injury that affects nerves in the baby’s shoulder and arm. During particularly difficult deliveries, the baby’s neck might become stretched too far to one side, damaging the nerves. This nerve damage could temporarily or permanently paralyze the arm on the affected side. If you believe your child suffers from Erb’s palsy due to medical malpractice, you might have the basis for a birth injury lawsuit.
Hypoxic Ischemic Encephalopathy (HIE)
Birth hypoxia is a brain injury that occurs when the child experiences limited blood flow to the brain and a lack of oxygen in the blood. Without proper blood flow to the brain, a baby’s brain cells slowly begin to die off, releasing toxic substances in the process. These toxic substances then go on to trigger a gradual chain reaction of more cell death. Over time, the complications resulting from brain injury may become more apparent.
Forceps & Vacuum Extraction Complications
Difficult or prolonged labor can potentially threaten the health of both baby and mother. When this happens, some doctors decide to use forceps or a vacuum extractor to help. However, improper use of these instruments can lead to birth injury cases.
Caput Succedaneum
This is the swelling of the baby’s scalp. Generally, the scalp looks bruised and discolored from this condition. It usually occurs as a result of pressure on the baby’s scalp from the use of forceps. It can lead to complications, and it may even be a sign of other potential injuries that the newborn suffered during birth.
Shoulder Dystocia
Mothers whose babies suffered shoulder dystocia during birth might have a valid birth injury lawsuit. The condition occurs when a baby’s shoulders get stuck behind the pelvis bone of the mother. This prevents the baby from being able to progress through the birth canal. Some of the complications that can arise due to shoulder dystocia include the following.
- Cerebral palsy
- Erb’s palsy
- Loss of the use of an arm or shoulder
- Horner’s syndrome
- Fetal distress
- Delays in development
When failure to address shoulder dystocia leads to injury, Michigan families should seek professional legal assistance. Lipton Law’s Michigan shoulder dystocia attorneys provide the legal assistance your child deserves.
Spinal Cord Injuries
When a doctor strains a baby’s neck during birth by pulling or twisting the baby’s neck too roughly, this can cause spinal cord injuries. They can also result from the use of forceps or vacuum extraction devices. These birth injury cases range in severity from minor bruises to a complete tear of the spinal cord. Using improper techniques during the procedure can open a medical professional up to malpractice lawsuits. If improper medical care caused your child to suffer a spinal cord injury, contact a Michigan spinal cord injury lawyer as soon as possible.
Brachial Plexus Palsy
The brachial plexus is a nerve network between the shoulders and the neck. It provides sensation to the upper limbs and controls muscle functions in the chest, shoulders, arms, and hands. During a difficult or prolonged delivery, the risk of tearing, compression, or stretching of the brachial plexus increases. Improper delivery techniques and the use of delivery assistance tools by a medical professional could cause brachial plexus palsy. Call Lipton’s brachial plexus birth injury attorneys in Michigan to learn how we can help you and your child.
How Common Are Birth Injuries?
The precise amount of reported birth injuries in the U.S. can be difficult to estimate due to varying reports. A 2021 study shared by the National Library of Medicine suggests that birth trauma occurs in approximately 31 per 1000 live births. Although a child’s birth injury may not be the most common of medical errors, it is a highly significant one because of the high risks.
What Are the Most Common Birth Injuries?
Being aware of common birth injuries can prepare you to look out for issues in your child. The following are some of the most common Michigan birth injury cases.
- Caput succedaneum
- Skull fractures
- Cephalohematoma
- Hemorrhages
- Facial nerve injuries
- Brachial plexus injuries
- Skeletal injuries
- Ocular injuries
- Soft tissue injuries
Local law firms can help families whose children have suffered from these injuries, as well as other birth injuries.
Common Causes of Birth Injuries
Michigan families entrust both the mother’s and the child’s health to medical professionals during the birthing process. When doctors, nurses, or even hospitals breach that trust, your child could suffer devastating injuries. Just like every child is unique, so is every birth injury case. However, common causes of birth injuries include the failure to:
- Recognize signs of distress in the fetus or the mother
- Diagnose medical conditions correctly or at all
- Perform a cesarean section when necessary
- Use proper care
- Use tools correctly during birth
Determining the cause of the injury is an important step to filing a medical malpractice claim, as well as establishing the fault of the medical professionals involved. Our Michigan hospital medical malpractice lawyers understand how these cases work. We can take the burden of figuring out complex legal matters off your shoulders. An experienced birth injury attorney with our firm will personally handle all aspects of your case, allowing you to focus on taking care of your baby.
Risk Factors for Birth Injuries
Trained medical professionals are expected to understand and adapt to the risk factors that might make birth more complicated. The following are some important risk factors for doctors to identify in order to lower the potential for a birth injury.
- Mother’s medical conditions developed during pregnancy
- The position of the baby during delivery
- Shape and size of the baby
- Preeclampsia
- Malpractice by other health care professionals
If you suspect your doctor’s negligence caused injury to yourself or your child, contact a Michigan doctor malpractice lawyer as soon as possible.
Are Birth Injuries Caused by Medical Malpractice?
Birth injuries are not always caused by medical malpractice. However, it is often possible that medical malpractice played a role in a birth injury occurring. For example, maybe the doctor is negligent in controlling the mother’s blood loss or monitoring the baby’s oxygen levels during delivery. Both of these actions could be considered malpractice if the baby or the mother suffered complications as a result.
If you or your baby suffered injuries during birth, reach out to the birth injury lawyers with our firm. The skilled birth injury attorneys at Lipton Law help clients understand how to sue a hospital, doctor, or other medical provider for the preventable injuries caused to you, your loved one, or your injured child.
How Long Does It Take to File a Birth Injury Claim in Michigan?
How long it takes to file a claim depends on your circumstances, including when you noticed the injuries or conditions that may have resulted from medical malpractice. Be sure to file within the medical malpractice statute of limitations. Michigan parents have two years from the date of a birth injury to file a claim, or within 6 months of discovering the injury if it’s outside the two-year window. If the mother or infant dies from a preventable birth injury, plaintiffs have three years from the death to file a wrongful death lawsuit. Due to the complexity of medical malpractice lawsuits, it’s crucial to consult with our Michigan birth injury attorneys as soon as possible.
When Should I Contact a Birth Injury Lawyer?
If you or your child suffered an injury during labor and you suspect doctor malpractice, we recommend speaking to a qualified Michigan birth injury lawyer as soon as possible. Medical malpractice claims involving childbirth are time-sensitive, and the statute of limitations determines how long you have to file a lawsuit. Missing this deadline can prevent you from recovering compensation, regardless of how strong your case may be.
The birth injury lawyers at Lipton Law understand how to build a strong case and pursue justice for families affected by birth-related trauma. An experienced attorney can identify who may be legally responsible for you and/or your child’s birth injury (whether it’s a doctor, nurse, or hospital) and take immediate steps to preserve evidence. Prompt action not only protects your legal rights but also gives your child the best chance at receiving the care and support they deserve.
What Can You Recover from a Birth Injury Lawsuit in Michigan?
After experiencing such a traumatic event, you’re probably wondering how much compensation you can actually receive for your case. After all, you might now be paying for expensive medical treatment for your baby. Families affected by their child’s injury have the right to seek compensation for the following losses:
- Current and future medical expenses
- Income lost (past and any future lost wages)
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Additional costs related to accommodation for the child’s injuries, such as physical therapy, special equipment, or home modifications
What to Look for in a Birth Injury Lawyer
Choosing the right attorney can make a major difference in how your case progresses and the outcome you achieve. When your child suffers harm during delivery, you need a legal team with the experience, resources, and compassion to handle every step of the legal process. Here are several key traits to look for in a Michigan birth injury lawyer:
- Contingency fee basis: Work with a firm that charges no upfront fees and only collects payment if they secure compensation on your behalf.
- Experience and proven results: Select lawyers who have successfully represented clients in birth injury cases, as they understand the complexities involved and how to calculate future medical costs.
- Access to expert resources: Look for a firm that can review medical records and consult with medical professionals to prove negligence and establish the extent of your child’s injuries.
- Professional recognition: Attorneys respected by their peers demonstrate credibility and strong ethical standards within the legal community.
- Free case review: Choose firms that offer free consultations to help you understand your options without financial pressure.
The right legal team will guide you through every phase of your case, ensuring your family’s rights and future are protected.
How Can Our Michigan Birth Injury Lawyers Help You?
Working with an experienced Michigan birth injury lawyer from the very beginning of your case can help you in many ways. Even though you did everything right during your pregnancy and delivery, the doctor did not. You and your newborn shouldn’t have to suffer because of the negligent actions of a medical professional. When you work with the birth injury lawyers at Lipton Law, we will help you in the following ways.
- Investigating and building a strong case: We’ll assess your claim during the initial consultation and, if valid, build a strong case.
- Filing the lawsuit in court on your behalf: We will handle the court filing, ensuring your case moves forward.
- Gathering all relevant evidence: We’ll collect crucial evidence, such as medical records and expert statements, to support your claims.
- Fighting for full and fair compensation: We will fight for full compensation to help ease the financial burden caused by your child’s injury.
How Does a Birth Injury Lawyer Prove Liability and Medical Negligence?
Our lawyers thoroughly prepare clients for medical negligence cases. We ensure that you understand the medical standard of care in Michigan and how it applies to your case. In order to prove that you have a valid birth injury claim, we must first establish the four elements of medical malpractice.
- The medical professional or facility owed you a professional duty of care.
- They breached that duty of care.
- You or your baby suffered an injury from that breach.
- You suffered damages as a result.
The most important connection that we must show in your case is the connection between your injuries or your baby’s injuries and the doctor’s medical negligence.
File a Birth Injury Lawsuit to Secure Compensation for Your Family
A birth injury can put your family through emotional trauma, and seeking the proper medical treatment for your child can be expensive. Recovering financial compensation may not account for all the damages your family has suffered. However, it can help you pay for medical bills and support your family when you need it most.
The skilled Michigan personal injury attorneys at Lipton Law can help you bring negligent medical professionals to justice. Contact us online or call (248) 557-1688 to arrange a free consultation with us at our Southfield office. If your child suffered from cerebral palsy, brachial plexus injuries, or another injury due to medical negligence, you might have a case. Contact our legal professionals in a timely manner to ensure that your claim is filed in time.
Types of Medical Malpractice
Practice Areas
Vaginal Tears
This is a very common occurrence during the birth process. Approximately 90% of women experience some degree of vaginal tearing during birth. The perineum, or the skin between the anus and vagina, and vaginal canal must stretch a great deal to allow the baby’s head to pass through easily.
This can lead to mild or serious tearing. It can be considered medical negligence when a doctor fails to identify and treat these tears immediately following birth. Without proper treatment, mothers can suffer lasting complications from vaginal tears.
Uterine Rupture
This is a far more uncommon and serious complication, as it can be life-threatening to both the baby and the mother. Uterine rupture is a tear that opens in the wall of the uterus. If a doctor fails to identify and treat the rupture, this could lead to a number of complications or even wrongful death. Medical malpractice wrongful death attorneys in Michigan provide crucial support to families who have lost loved ones to uterine rupture.
Nerve Damage
Mothers can even suffer from a nerve injury during their child’s birth. Depending on which nerves are damaged, mothers can suffer from the following issues.
- Numbness or weakness in their legs
- Incontinence
- Feelings of pain in the back of the legs
Generally, nerve damage occurs from nerve compression or from tissue stretching during birth. Longer labor periods, diabetes, and other conditions may increase the risk of nerve damage.
Umbilical Cord and Organ Prolapse
During birth, the umbilical cord, the uterus, and other pelvic organs could prolapse or slip into the vagina. Umbilical cord prolapse is rare but potentially fatal. This complication can cause severe oxygen deprivation to the baby, leading to brain damage or even stillbirth. If a doctor’s failure to diagnose the problem leads to a birth injury to the mother or the baby, they might have the basis for a birth injury claim.