Determining if You have a Birth Injury Case

Whether you have a case is something that our attorneys and nurses in conjunction with expert medical providers will decide. Complete medical records need to be obtained and reviewed.  Whether there is a case depends on if expert doctors and nurses based on their experience, training and knowledge believe that the care provided to your or your child was below the care required.  When you call or contact us, we can meet with you to answer your questions and explain these matters.

What Are the Deadlines for Birth Injury Malpractice Cases?

It’s important to know that in Michigan, where medical malpractice occurs at or near the time of birth, a birth injury malpractice lawsuit must be filed by a child’s 10^th birthday.  Thus in order to preserve your rights, and that of your child, it is critical to seek an experienced birth injury lawyer as soon as possible.

I’m not litigious and I am uncomfortable with the idea of filing a lawsuit, why should I pursue a birth injury or medical malpractice case for my child?

The law is here to protect all children injured by medical mistakes. The goal of any lawsuit is to provide for care and support that a child now needs (and the care needed in the future) because of malpractice. The end result of the case for your family is to make sure your child is cared for, and that any attendant care, medical care, therapies and equipment needed are provided.

In addition, filing a case is often the only public way to call attention to unsafe behavior by medical providers that causes injury to the most vulnerable, namely mothers, babies, and children. Your case can only be pursued in court with the support of licensed medical professionals that find that the care provided was inappropriate. Protecting your legal rights by calling attention to inappropriate medical care that creates danger does a service, not only for your child and family, but also to other patients that will receive the same care in the future.

In birth injury cases, it’s critical for parents to take a long-term view of the care needed for their child, and the care that their child deserves.  While a parent may be able to care for an injured baby, the baby’s needs will change and expand as they grow older.  Children with disabilities and special needs should receive education with appropriate support and assistive technology.  These children will also require appropriate housing and attendant care. These children will have many other special needs that require support.

The costs for all of these matters will likely be substantially higher than those for a non-injured child.  Additionally, while parents might able to care for a baby or child with birth injuries, they may not always be there to care for their child as their child grows into adulthood.  Parents caring for children with special needs and disabilities will not always have the financial resources to pay for the educational and support needs of their child.

For all of these reasons, we urge parents to seek the full compensation that their child deserves and will need when birth injury malpractice has occurred.  Our firm is experienced in handling birth injuries and medical malpractice cases for children. See our page on why you should choose us to represent your family.

Please call us today at 800-366-8653 for a free consultation, and to learn more about how we can help you and your child. 

More Information

• • Birth Injury Resource Center
  • Birth Injuries
  • Why Choose Us?
  • What Constitutes Birth Injury Malpractice?
  • Retaining Birth Injury Experts
  • The Birth Injury Legal Process
  • Birth Injury FAQs & Fees
  • Brain Injuries & Cerebral Palsy
  • Neonatal Injuries
  • Hypoxic Ischemic Encephalopathy
  • Developmental Delays
  • Lifetime Care
  • Help for Families
  • Seizures in Newborns
  • Jaundice at Birth
  • Head Injury at Birth
  • What a Cerebral Palsy Diagnosis Means
  • Brachial Plexus & Shoulder Dystocia Injury