The birth rate in the United States of America is estimated to be 12 per 1000 people. Among these new births, almost 6 to 8 of 1,000 infants born in the country are born with a birth defect. This means that about 1 in every 9,714 people in the country are born with a birth injury. During the years 2018 and 2019, the state of Michigan recorded a total of 14,544 and 15,561 instances of birth defects among infants under one year old, respectively. On average, the rate of occurrence between 2018 and 2019 was approximately 1,381 cases per 10,000 live births among residents.
If you or a loved one have been affected by this in Michigan, consulting with an experienced Michigan birth injury law firm is paramount to getting justice and fair compensation for your losses and suffering. Keep reading to understand your legal rights in this situation.
Getting The Facts Right
When you get in touch with a competent birth injury lawyer, they will help you understand what the law says about these cases. This way, you can make an informed decision about whether you wish to pursue a case against the responsible party. This will typically be the medical facility where the birth took place and/or individual healthcare providers.
Firstly, it is important to know there is a statute of limitations on birth injuries in Michigan. It is within two years from the date of the incident or six months from when a diagnosis of the birth injury was made. There is an exception, though. Where reasonable efforts have been made to find out the medical cause of a birth injury, and it is discovered after the statute of limitations has expired, the case appeal may still be admissible in court. Your birth injury lawyer will advise on eligibility depending on the specifics of your case.
The most common types of birth injuries are as follows:
- Cerebral palsy
- Spinal cord injuries
- Brachial plexus injury
- Subconjunctival hemorrhage
- Hypoxic Ischemic Encephalopathy (HIE)
- Broken bones
- Caput succedaneum
- Cephalohematoma
These birth injuries may be caused by the following:
- Incorrect use of birth tools like a vacuum or forceps
- Delay in ordering a C-section
- Failure to take note of or address signals of fetal distress
- Failure to anticipate possible birth complications through tests and being prepared for the same during birth
- Negligence toward an infant right after birth
- Failure to take measures to address excessive bleeding in the mother
Birth Injury Lawsuit
This is a legal action that allows parents to get monetary compensation for injuries sustained by their child at birth. It can be based on either medical mistakes or medical negligence.
With the former, the case is based on the argument that a skilled and competent doctor went about a medical procedure in an erroneous way. The counsel of a competent attorney is critical because there is generally no liability for an error that cannot be associated with negligence.
With the latter, the birth injury is sustained as a result of a skilled and certified health worker’s failure to carry out a medical procedure that would have prevented it. They may also have done it in a way that was incorrect despite knowing the correct procedure.
Building A Case
Your birth injury attorney’s expertise and experience will help you gather the evidence needed to prove your case. They will also be able to anticipate the arguments the defendant will make and be ready to counter them. Your attorney will gather important information by going over cases similar to yours and collect witness statements from medical experts who can prove a birth injury was sustained, how, and its effects.
They will also need your financial records to prove that you lost income tending to a child with a birth injury. The cost of treating the injury will also need to be proven with medical and financial records, including the cost of caring for the child if the injury caused long-term disability or a need for special care. Non-economic costs like emotional distress will also be taken into account, and compensation for the same will be sought.
Out-Of-Court Settlements
When the proof is irrefutable, most healthcare providers and facilities opt to settle birth injury cases out of court to protect their reputation. Your birth injury attorney will compile all the evidence and attach a letter demanding compensation. The defendant may respond with a counteroffer, and negotiations may go on until an agreement is reached.
If the demand for compensation is ignored, then a court case will be filed. If a settlement is not reached before the trial is concluded, it will be up to a judge or jury to decide if damages will be awarded and how much will be the total compensation.
The Right Attorney Will Get You The Right Judgment
When facing a matter as serious as a birth injury, you need the right attorney. With an experienced professional, you can rest assured that they will prioritize your case and get you the compensation you deserve – be it for economic or non-economic damages, or both.
