Serious, long-term disabilities can sometimes be the result of a severe birth injury. Permanent brain damage, disability or disfigurement are all possible outcomes that may have been preventable, if not for the negligence of the medical staff involved in the pregnancy, labor or delivery.
The Lansing birth injury lawyers at Jay Trucks and Associates are prepared to pursue compensation for birth injury victims and their families. Our firm has recovered millions in compensation on behalf of our clients.
Give us a call today for a free review of your birth injury claim. You will not be obligated to hire us to represent your claim and you will not be charged for any lawyer fees unless we win fair compensation for your claim. There are no upfront costs and your claim information will be completely confidential.
Free Consultation. Ph: (800) 762-8623.
What Qualifies as a Birth Injury?
Birth injuries are physical, mental or neurological damages sustained during childbirth. Skull fractures, broken bones and paralysis are just a few examples of some of the more severe physical injuries that could occur during the birthing process. Sometimes severe brain or spinal cord damage can lead to serious mental or neurological damage, which could cause lifelong disabilities.
Birth injuries are not the same as genetic or birth defects. Genetic and birth defects occur while the baby is still in the mother’s womb, however, birth injuries are preventable and are often caused by a negligent medical professional while the mother is delivering the baby.
Common Causes for Birth Injuries
One of the most common causes for severe birth injuries is a loss of oxygen to the brain. There are multiple ways a child could be deprived of oxygen during the labor process, such as becoming tangled in the umbilical cord or experiencing too much pressure coming through the birth canal. Preeclampsia is a common complication that causes high blood pressure in the mother, which can cause the child to be deprived of oxygen and could result in serious brain damage.
A loss of oxygen for just a few minutes could cause cerebral palsy, a lifelong medical condition that creates physical, mental and cognitive challenges.
Another way a birth injury can occur is if the medical professional delivering the baby does not use caution when using birthing tools like forceps or vacuums, or if he or she uses too much force while pulling the baby out of the birth canal.
Negligence Known to Cause Birth Injuries
There are several different ways medical negligence can cause a severe birth injury, such as:
- Lack of proper prenatal care
- Failing to diagnose or treat preexisting conditions
- Prescribing medication that could harm the child or mother
- Incorrectly pulling or placing stress on a child during the birthing process
- Incorrect use of medical instruments when delivering a child
- Failing to perform a C-section when necessary
- Failing to monitor the child or mother for signs of distress
- Unreasonable delays in the labor and delivery process
If you believe your child suffered from one of the above forms of negligence or some other action or inaction on the part of the medical staff, you might be eligible for compensation. Our Lansing legal staff is available to take your call anytime of the day, 24-7.
Call Jay Trucks and Associates at (800) 762-8623 today to schedule your free case review.
Compensation Available for Birth Injuries
Your lawyer can help calculate the costs of your future needs by consulting with your physician or other healthcare professionals.
Some of the expenses you may be able to recover are:
- Follow-up medical appointments
- Medical testing
- Physical therapy
- Speech therapy
- Psychological therapy
- Transportation costs to and from doctors’ appointments
- At-home medical care
- Institutional care
- Lost wages from missing work while caring for your child
- Assistive medical devices (hearing aids, prosthetic devices, etc.)
- Medical equipment (wheelchairs, crutches, walkers, etc.)
- Home modifications needed to assist with your child’s needs
Besides the above-mentioned economic expenses, you may also be eligible for non-economic damages, such as pain and suffering, disfigurement and disability. Michigan law states that cases filed in 2020 have a non-economic damage cap of $495,700, however, this cap could be increased if the birth injury causes permanent organ damage, impairment or disability.
Time Limits for Filing a Birth Injury Claim
The Michigan statute of limitations is only two years for medical malpractice claims, which includes birth injury claims. This means you must file your claim within two years of discovering the birth injury or your claim may get barred from the court.
However, if you did not discover the birth injury right when it happened, you must file within two years of the injury occurring or six months, whichever date is later. Generally, you cannot file a birth injury claim more than six years after the injury occurred.
It is important that you do not miss the due date for your birth injury claim as this may result in losing your right to receive compensation. Ask our lawyers when your claim is due in a free consultation.
Jay Trucks and Associates: (800) 762-8623.
Long-Term Birth Injuries
Some birth injuries can affect victims for the rest of their lives, such as:
- Cerebral palsy – This can occur when the child does not receive enough oxygen during the labor process. It can cause physical disabilities, cognitive impairment, speech difficulties, trouble with fine motor skills and other issues. Examples of problems from cerebral palsy include muscle stiffness, uncontrollable body movements and speech problems.
- Erb’s palsy – is caused when the nerves in the shoulders are damaged. Loss of feeling, weakness and sometimes complete paralysis can occur in the affected area.
- Klumpke’s palsy – This usually occurs when the child’s arms are stuck above the head while being pulled out from the birth canal. This type of birth injury causes nerve damage to the muscles in the hands and forearms. Severe cases can cause paralysis which can result in a child’s hand looking like a claw.
- Brachial plexus injury – This can result in temporary or permanent damage to the nerves in a child’s upper arm, and this condition is usually caused by a collarbone fracture or difficult delivery.
Who Could Be Held Liable for a Birth Injury?
There are several other medical professionals besides the doctor who could be held liable for your child’s birth injury:
- Other physicians
- Physician assistants
- Nurses assistants
- Hospital staff
- Outsourced workers paid by the hospital
If you have a valid claim, the attorneys at Jay Trucks and Associates are prepared to fully investigate the details of your case and build a case as we work to hold all negligent parties liable for your damages. We are prepared to seek maximum compensation for your damages.
Get in Contact with a Lansing Birth Injury Attorney to Learn More
The Lansing birth injury attorneys at Jay Trucks and Associates are prepared to help you through the recovery process. Our focus is to get compensation to help provide the care your child needs, such as physical therapy, medical equipment, appointments with doctors and other medical interventions.
We charge zero upfront fees and your free consultation is completely confidential. We do not bill for our services unless we recover fair compensation for your birth injury claim. You do not have to hire us to represent your claim, even after your free consultation, so there is no risk involved.