Trauma during the birthing process can cause severe injury or even permanent disability to a child, bearing lifelong consequences. This can have devastating effects on parents and family members who must come to terms with providing medical care and supervision for their child’s entire life.
Extensive permanent care can be costly. Many families simply can’t afford the around-the-clock supervision, surgeries, medications, or any additional needed treatments.
According to the CDC, birth defects affect approximately 3% of all newborns in the United States every year. They are the primary cause of infant mortality, accounting for 20% of child deaths.
If your baby suffered trauma during birth due to medical negligence, contact the compassionate and experienced Fieger Law Detroit birth injury lawyers immediately to start building your case.
Birth Trauma Cases
Not all birth injuries are caused by medical negligence. Fetal weight, prematurity, and abnormal presentations can cause complications. Maternal health issues can also account for certain defects or injuries. Obesity, diabetes, small maternal stature, and labor-related problems may also lead to trauma.
Hospitals and medical facilities are typically slow to admit negligence, citing other factors as the cause of an injury or defect. That’s why it’s critical to hire the services of the award-winning attorneys at Fieger Law to fight for the rights of you and your child. Our seasoned lawyers can help you gather the facts and evidence to prove liability in your case.
Birth Trauma Cases Involving the Baby
If your baby suffered any of the following injuries during birth, Fieger Law can help you earn compensation:
Infant caput succedaneum or cephalohematoma
Vacuum extraction or a prolonged delivery puts pressure on the head, causing swelling or bleeding of the scalp.
Neonatal brachial plexus palsy
Damage to the nerves in the baby’s shoulders, leading to a loss of movement or weakness in the arms.
A lack of oxygen or blood flow to the brain causes various disorders, from modest developmental problems to severe cerebral palsy.
Bone breaks during extraction may contribute to suffering or mobility issues in the future.
Injuries due to inflammation, bruising, or irritation, such as subcutaneous fat necrosis, can be caused by medical instruments.
Filing a Claim
After contacting Fieger Law regarding your case, the first step is to establish the standard of care for the responsible party. All medical patients are owed a certain level of care and competency when they are under the supervision of a medical professional.
We use expert medical testimony to confirm whether you or your child received an appropriate level of attention. This testimony also helps us determine how staff should have handled your incident.
Once we have established that the standard of care was breached, we must confirm that this was the primary cause of injury. We use medical records, injury reports, and information from medical experts to strengthen your case and calculate your damages.
Determining the Damages
Birth trauma cases are a type of medical negligence lawsuit. Damages for medical negligence include two categories: economic and non-economic.
Economic damages are compensation for quantifiable financial loss due to a traumatic birth. They include medical bills, the cost of medications, loss of wages, loss of future income, and the cost of future care. In severe cases where birth injuries result in you or your child requiring lifelong care, economic compensation can be significant.
At Fieger Law, we have handled many high-profile birth trauma cases around the country. We have won record settlements for our clients, including a $144.5 million case in Michigan, a $53 million lawsuit in Illinois, and a $30 million settlement in Ohio.
Non-economic damages refer to compensation that is subjective and difficult to quantify when dealing with quality-of-life issues. These include payouts for losses such as pain and suffering, emotional anguish, and loss of consortium.
Many states around the country place limits regarding non-economic compensation, restricting your earnings. These vary depending on your location.
Earn the Compensation You Deserve
The experienced attorneys at Fieger Law have been handling birth trauma cases for more than 70 years. We have successfully fought for mothers’ and children’s rights to compensation due to medical negligence. We are a nationally recognized law firm and have won major lawsuits for clients in many states.
To discuss your case in more detail in a free consultation, give us a call today.