Below are questions that are frequently asked by parents having a child who sustained a birth injury caused by a medical provider. We would invite you to also see the other pages on our website concerning birth injury matters.
We accept birth injury cases on a contingency fee basis. We offer a free consultation, and would invite you to call us today so that you can ask us any questions that you may have, and so that we can learn about your child’s injuries.
What attorney fee is charged in a birth injury or minor medical malpractice case?
If you retain our firm to pursue a case on your child’s behalf, we work on a contingency fee basis. That means that you pay us nothing unless we recover for your family. We would enter into a fee agreement stating that the attorneys will receive a percentage of the entire recovery defined according to state law. In Michigan, all our birth injury and minor medical malpractice cases are pursued on a 1/3 contingency fee pursuant to MCR 8.121.
What costs are associated with my case?
We advance all costs of the litigation, such as obtaining medical records, getting expert reviews, court filing fees, and deposition fees. Per our fee agreement, the client reimburses the attorneys for their fee and services only where there is a recovery. If there is no recovery in your case, then you owe us nothing and we will eat these costs.
Will there be insurance liens on my case?
If insurance plans, including Medicaid or Medicare plans, paid for care that was necessary as the result of injuries caused by malpractice, then law requires that those insurers can place a lien on your case in the amount spent. We will assist you in putting all insurers on notice, determining what lien amounts apply to your case, and assist in resolving any lien amounts following a recovery in your case from a settlement or verdict.
What is the value of my case?
This is a question best answered well into the litigation of your case. The monetary value of any case for the plaintiff is based in fact on the cost of lifetime care and support of an injured plaintiff combined with any noneconomic damages (i.e. damages for pain, suffering, and other injuries compensable under law that cannot be quantified with a dollar amount). There also may be applicable caps to noneconomic damages under law that apply.
Lifetime care and support needs will be determined by a physician or nurse with specific experience in developing life care plans for those with disabilities and special needs. These needs are then projected into the future by an economics expert to determine the real cost over time.
Every case is different based on the particular circumstances and needs of the family and child. To see a track record of our attorneys’ success for our clients, please visit our verdicts and settlements page, and our page on attorney Emily G. Thomas.
How is a medical malpractice case pursued on behalf of a child?
An injured patient is the “plaintiff” in a med-mal case, and negligent medical professionals are the “defendants.”
To pursue a case for a minor child, the law requires appointment of a parent or adult to act as “Next Friend” on behalf of the child, or the law requires the appointment of a “Conservator” by a probate court to act on the child’s behalf. Both appointments require fiduciary duties to act in the child’s best interest in pursuing the case. Our office will always assist you in obtaining an appropriate appointment for someone to pursue the case on behalf of your minor child.
We also invite you to review our page on the process of pursuing a birth injury medical malpractice case with our firm.
If you have further questions about whether you and your child have a potential case for birth injury or medical malpractice, then please call us at 800-366-8653. We are here to answer your questions and help you pursue your potential case.