Trauma during the labor and delivery process can lead to birth injuries, including permanent disabilities. When medical negligence is the cause of those injuries, you and your family may have a right to seek compensation for your losses.
A Detroit birth injury lawyer from our law firm can guide you through the steps necessary to hold the proper parties responsible for their negligence.
How do I Know If I Can Get Compensation in a Birth Injury Case?
When a doctor or another healthcare provider treats a patient, they owe a legal duty of care to that patient. This duty of care requires them to provide medical care and treatment that meets reasonably accepted standards in the medical community. Healthcare providers must exercise the level of care and judgment that another provider in the same field or situation would reasonably provide.
If a doctor, nurse, or other medical professional acts in a way that falls below the appropriate level of care, they may be negligent. If their negligence directly led to your child to suffer injuries during labor and delivery, you may be able to get a financial award for the injuries to your child.
Negligent healthcare professionals are liable or financially responsible for injuries that they cause others by being negligent.
For a free legal consultation with a birth injury lawyer serving Detroit, call (800) 641-8998
What Kind of Compensation Can I Get in My Detroit Birth Injury Case?
When negligent medical professionals injure your child, they may be liable for any resulting losses that you and your child have suffered.
These damages can be economic, or derive from a purely financial loss, or non-economic, or focus on a more intangible loss that has no precise monetary value.
Economic awards include losses that relate to a specific bill or debt. This form of compensation might include:
- Hospital and medical bills to treat the birth injury
- Lost wages for a parent who must miss work to care for a child
- Loss of future income and earning capacity if a birth injury results in a parent staying home to care for a disabled child
- Ongoing expenses for therapy, home health care, and personal care
Non-economic awards are not always so easy to value in financial terms. However, these awards can be significant, particularly if your child has a permanent impairment due to a birth injury. Non-economic awards include:
- Physical pain and suffering
- Emotional and mental trauma
- Loss of quality of life for your child
- Permanent impairments and disabilities
Michigan law does place some limits on the amount of the non-economic award that you can get in a medical malpractice case. However, these limits do not apply to economic awards.
Detroit Birth Injury Lawyer Near Me (800) 641-8998
How Can Your Lawyers Help Me with My Case?
Our Detroit birth injury lawyers will sit down with you from day one and start guiding you through the process of filing a medical negligence claim. We will:
- Get a clear picture of the events that led to the birth injury to your child
- Present all available options for relief in your case
- Gather evidence to support your claim
As your case moves forward, we will:
- Answer the many questions that you are likely to have about your case
- Address any concerns that you may have about your case
- Explain every step of the legal process so that you know what to expect
Birth injury cases can be quite complex, typically requiring knowledge of medical terminology and the enlistment of medical experts. At our law firm, we take on the most challenging cases to get justice for our clients. We fight for compensation for all our clients and their families who have suffered the devastation of a birth injury.
How Will I Pay Your Legal Fees?
Our law firm offers a free case review to anyone who believes that their child and/or spouse/partner has suffered a birth injury. You will have no risk or obligation to speak with us about the details of your case. The case review process allows us to evaluate your situation and determine whether you have a valid legal claim.
If you choose our law firm, you should know that we never require you to pay for our services up front or out of pocket.
We can get started on your case right away without any costly retainer fees from you. Under this contingent fee arrangement, you pay no legal fees until you receive a settlement or financial award in your case.
Complete a Free Case Evaluation form now
Do I Have a Deadline to File a Birth Injury Lawsuit?
All states have filing deadlines or statute of limitations for filing lawsuits in court. Under Michigan Compiled Laws § 600.5805, you generally only have two years from the date that the malpractice occurred to file a lawsuit in court. However, birth injury lawsuits are different.
Michigan Compiled Laws § 600.5851 provides that when minors who are under the age of eight suffer injuries due to medical malpractice, they have additional time to file a lawsuit. Generally, children have until their tenth birthdays to file suit. This delayed statute of limitations allows for disabilities or medical conditions stemming from the birth injury that may not be immediately apparent following birth.
Missing this statute of limitations makes you ineligible to get any compensation for the injuries to your child or spouse/partner. Michigan law may place other deadlines and limits on your legal claim, which makes getting legal advice quickly after a birth injury occurs important.
Let Us Help You with Your Birth Injury Case
When your child suffers a birth injury due to medical negligence, the responsible doctor or other medical provider should be liable for the losses to your child and your family. A Detroit birth injury lawyer from our firm can help you navigate your way through a birth injury case.
You should not have to take on the heavy burden of these costs alone, especially when proper medical care could have prevented the birth injury. Contact Ben Crump Law, PLLC at (800) 641-8998 today and get started with your free case review.