Many families are unable to cover the costs of such care. When a medical provider is at fault for your child’s birth injury, it’s only fair that the burden of treatment falls on them and the hospitals.

Our birth injury lawyers are dedicated to ensuring that negligent medical providers are held responsible for the damages they cause. Award-winning attorney Geoffrey Fieger has won multi-million dollar birth injury verdicts throughout the U.S. We have over 70 years of trial experience and have helped birth injury victims since 1983, and we can help you too.

Client Testimonial

“My experience with Fieger was excellent!” – Doris McKinney

What Is a Birth Injury?

A birth injury often results from complications during the labor and delivery process. Although they occur naturally, they can also be due to medical negligence.

When doctors don’t follow standard care practices, their actions or inactions can lead to serious, long-lasting harm to the baby. This can include failing to monitor the baby’s condition, mishandling delivery techniques, or delaying necessary interventions. These actions can have devastating effects on a child’s health and development.

Common birth injuries associated with medical malpractice include:

Signs Your Child May Have Suffered a Birth Injury

Sometimes, it may not be immediately apparent that your baby suffers from a birth injury. For instance, cerebral palsy, which affects 1 in 345 children, may not show symptoms until age two or later or have complex co-occurring conditions.

Diagnosing your child’s condition quickly is critical to ensuring they get the support they need and determining if a medical provider, hospital, or nurse was negligent. At Fieger Law, we help determine if you might have a case for a birth injury by discussing these important questions with you:

  • Did you have a difficult delivery or C-section?
  • Did you suffer from placental abruption?
  • Was your baby deprived of oxygen?
  • Did your doctor use a vacuum or forceps during delivery?
  • Did your son or daughter suffer head trauma?
  • Does your child suffer from seizures?
  • Were there problems with your baby’s heart rate on the fetal monitor?
  • Did your baby need to be resuscitated?
  • Did your child receive head cooling or hypothermia therapy after suffering a birth injury?
  • How long was your baby in the NICU (neonatal intensive care unit)?

The Medical and Legal Process for Diagnosing Birth Injuries

If you or your baby were harmed due to poor care resulting in a birth injury, our team is ready to help you claim compensation. Our experienced lawyers will take you through the medical and legal steps to identify and prove the birth injuries, aiming to get you the highest compensation possible:

  • Medical Diagnosis of Birth Injuries: We can help your child receive a thorough medical evaluation to determine the specific nature and severity of the birth injury. This can include detailed physical examinations by pediatric neurologists, MRI and CT scans to assess internal damage, and nerve conduction studies for injuries like brachial plexus
  • Legal Investigation: Our legal team investigates your case to find evidence of medical negligence. We review medical records, interview healthcare providers, and consult with medical experts to understand if the standard of care was breached.
  • Proving Negligence: To prove negligence, we must show there was a duty of care, a breach of that duty, causation, and resulting damages. This includes gathering evidence from medical experts who can verify the expected standard of care and explain how not meeting this standard led to the injury.

Types of Compensation Available in Birth Injury Claims

In cases of birth injuries, you could be entitled to compensation for both economic and non-economic damages to cover the immediate and long-term impact of the injury on your child and family. At Fieger Law, our attorneys are skilled in negotiating with hospital insurers to ensure you receive compensation for the following:

  • Medical Expenses: All medical costs related to the birth injury, including hospital stays, surgeries, medications, and immediate or ongoing medical treatments
  • Living Adjustments: Necessary modifications for your family’s lifestyle and home, such as accessibility enhancements and specialized transportation for your child
  • Long-Term Care Costs: Expenses for long-term care, including physical therapy, occupational therapy, speech therapy, and other continuous care your child may need throughout their life
  • Lost Wages: Income lost by parents who may need to reduce their working hours or give up work to care for their injured child
  • Pain and Suffering: Physical pain and suffering endured by your child due to the birth injury, compensating for the non-quantifiable aspects of their ordeal
  • Emotional Distress: Psychological impact and emotional distress experienced by your child and family members as a result of the birth injury
  • Loss of Enjoyment of Life: Limitations and lost opportunities your child faces due to their injury, compensating for their diminished quality of life
  • Exemplary or Punitive Damages: Awarded in cases where the negligence was particularly egregious, serving as a deterrent against future misconduct

Guidance on Immediate Steps After Suspecting a Birth Injury

Discovering that your child might have suffered a birth injury can be distressing. Acting quickly is important to ensure your child receives the necessary care and support and to protect your family’s right to compensation for any resulting losses.

If you think your child has a birth injury, consider taking these steps:

  • Seek a Second Medical Opinion: Seeking a second medical opinion can offer fresh insights into your child’s health, confirm the initial diagnosis, and uncover any additional issues.
  • Document Everything: Document all interactions with healthcare providers, treatments your child receives, and symptoms or changes in their condition. This should include dates, times, names of providers, nurses, and hospitals, as well as details of conversations.
  • Legal Consultation: Consult with a birth injury attorney at Fieger Law as soon as possible. Your lawyer can explain your legal rights, evaluate your case, and advise you on potential compensation options. They can also help connect you with medical experts and other resources to support your family.
  • Family Support: Consider seeking counseling or joining a support group for emotional support and practical guidance. For instance, the United Brachial Plexus Network supports parents of children with brachial plexus injuries. The Cerebral Palsy Resource is a non-profit organization offering education and help to parents and children with CP.

Work With Our Winning Birth Injury Attorneys at Fieger Law

The medical error that has caused brain damage to your child can create a crushing financial burden for you and your family. Who’s going to pay for the lifetime care of your child? Doctors, hospitals, and insurance companies will never admit their mistakes, but the nationally renowned team of Michigan birth trauma lawyers at Fieger Law will find the truth.

Fieger Law is among the nation’s top birth trauma law firms. We have decades of experience and have won record-setting birth trauma verdicts and settlements across America, including $144.5 million in Michigan and $53 million in Illinois.

Our largest birth injury verdict is also one of the largest single-injury verdicts in U.S. history. Contact us today for a free consultation to learn your legal options and protect your child’s future.