Birth Injury Lawyers in Detroit, MI

If your child suffers from a birth injury as the result of negligent care by a hospital, doctor, or another healthcare professional, contact our birth injury attorneys today. Our attorneys will fight aggressively to ensure that the negligent party is held accountable and that you and your child get access to the care and compensation you deserve for the rest of his or her life.

Why Should You Choose Goodman Acker?

Our attorneys at Goodman Acker have over 150 years of experience helping people recover damages when others harm them. Founding partner Barry Goodman formed his desire to help others at a young age after his father was hurt on the job and did not get the justice he deserved. He graduated with honors from the Stetson University College of Law and committed his legal practice and other aspects of his life to fighting for justice. He is the former president of the Michigan Association for Justice, a board member of the Anti-Defamation League, and has served as the chair of the Negligence Section of the State Bar of Michigan.

Our partners and the rest of our team are committed to getting justice, which shows in their results. We have secured personal injury settlements and verdicts in the millions of dollars because we are not afraid to take on the deep pockets of businesses and insurance companies.

What Can Goodman Acker Do for You?

It is a traumatic time for your family when your child is born with birth injuries. You will be on an emotional roller-coaster, seeking answers, and dealing with rising medical bills. It is hard to focus on what to do about it when you are busy dealing with everything else, especially if you are caring for your other children or facing complications at work.

You need compassionate, caring attorneys to help lift that burden. Our Detroit birth injury lawyers understand that you are going through a challenging time and that your relationship with your attorney has to be a partnership.

You and your family deserve an individual assessment of your case, and a team of lawyers dedicated to answering all of your questions and guiding you through each and every step of the negotiation or legal processes. We will investigate your case thoroughly, collecting medical records and hiring experts where necessary.

We understand the tactics that insurance companies use to make claims go away, and we will not let them take advantage of your pain to make you drop your case or accept less than you deserve.

“Your staff was so welcoming and helpful that by the end of our appointment, our questions were answered, and we felt comfortable knowing that your agency would walk us through the legal maze ahead of us. I am grateful that through this process, anytime I had a question or concern, that you and your staff were quick to respond, making this process so much easier.” – Client testimonial.

Common Types of Birth Injuries

When a birth injury occurs, an infant is at serious risk of suffering permanent damage for the rest of their life. No matter what the injury, the outcome, and the steps that follow, can be emotionally taxing and extraordinarily complex.

Some of the most common types of birth injuries include the following:

Erb’s Palsy:

Erb’s Palsy is a weakening or paralysis of the arm that occurs due to a direct injury to the brachial plexus. A brachial plexus is a group of never fibers that run from the spine, through the neck and armpit area, and down the arm. When the brachial plexus nerves are injured, it will affect the movement of the infant’s upper arm and the rotation of the lower arm.

Erb’s Palsy will occur when a baby’s shoulders become stuck on the mother’s pelvic bone. This can happen during a difficult delivery, or when the doctor or nurse must deliver the baby quickly and exert force to pull the baby from the birth canal. In most scenarios, Erb’s Palsy can be avoided. When a doctor fails to take the necessary precautions to avoid an Erb’s Palsy injury, abnormally pulls the infant, or uses too much force when using forceps there may be cause for medical malpractice.

Cerebral Palsy:

This condition is often the result of damage to the motor control centers of the infant’s developing brain. Individuals with cerebral palsy suffer a physical disability, which can include limitations in posture, movement, sensation, and depth perception. In addition, this condition can cause bone and joint deformities, tremors, trouble with fine motor coordination, balancing issues, and difficulty walking.

A variety of factors can cause cerebral palsy and not all causes are due to medical malpractice. However, if your child suffers from cerebral palsy, it is important you seek answers and consult with an attorney to investigate the cause.

Other Birth Injuries May Include:

• Shoulder Dystocia
• Hypoxic Ischemic Encephalopathy (HIE) or Birth Asphyxia
• Intracranial hemorrhages (brain bleeds)
• Labor and Delivery Mistakes & Errors
• And other birth injuries.

What Is the Difference Between Medical Malpractice and Negligence?

Medical Malpractice

Medical malpractice occurs when a doctor should have been aware of the consequences of their inactions or actions.

Malpractice law in Michigan is guided by the Revised Judicature Act of 1961 Chapter 600. The law is complex and includes notification requirements and describes the proof you need to make a malpractice claim. You must show that the doctor acted in a way that other doctors would not.

Negligence

Negligence happens when a doctor or other healthcare professional present during your child’s birth makes a mistake that led to your child’s injury.

Negligence claims are also covered in Chapter 600. In some negligence cases, people have to establish that there was a legal duty of care on behalf of the party that caused harm. But there is an implied relationship under the law between medical professionals and patients. Under negligence law, you must show that the doctor breached that duty and that a reasonable person would not have acted that way.

It can be difficult to decide what type of claim to make when your child has a birth injury. The threshold for proving malpractice is higher than for negligence since malpractice claims depend on proving that the doctor knew their actions could cause harm.

Our experienced Detroit birth injury attorneys can help you decide which type of claim to pursue, and whether to hold the doctor, other health professionals, the hospital, or others liable. We will also advise you regarding the types of damages you should pursue.

Was My Child’s Birth Injury a Result of Medical Negligence?

Not all birth injuries are a result of medical negligence. However, some of the most common forms of negligence seen by our attorneys which have resulted in serious birth trauma include:

• Improper forceps use during delivery
• Improper vacuum use during delivery
• Delay in ordering a Caesarian Section (C-Section)
• Failure to identify and treat hypoxia
• Failure to perform specialized tests during pregnancy
• Failure to effectively use the labor-inducing drug Pitocin
• Failure to diagnose or treat infections, umbilical cord entrapment, or premature ruptures of the membranes
• And other causes.

We have experienced attorneys knowledgeable in handling these types of claims and lawsuits that will investigate your claim to determine whether or not medical malpractice has occurred. Call our office today to learn your rights and determine whether your infant’s injuries are the result of medical malpractice.

Commonly Asked Questions in Michigan Birth Injury Cases

The law around birth injuries is complex, and it is common to have questions about whether you should bring a case and the possible outcomes. The following are some common questions our attorneys hear from people who believe their child was harmed during birth:

Do I still have a case if my baby was born prematurely?

Doctors and hospitals must still meet an acceptable standard of care if you go into labor before your due date. Contact our experienced birth injury attorneys immediately so we can review your case and secure critical medical records.

Why do I need an attorney to help with my birth injury case?

Birth injury law is very complex, and you must show that your child’s injuries were not the result of a factor other than the hospital or doctor’s negligence. An experienced birth injury attorney can help determine if their actions or negligence caused your child harm.

Will I have to take my case to court?

We will do everything in our power to get you a fair settlement with as little disruption to your life as possible. Our experienced personal injury attorneys know when the hospital or insurance companies are making a lowball offer to make you go away, and we will fight for a better settlement or take them to court if necessary.

How much can my family collect in a birth injury case?

Each birth injury case differs depending on the level of harm and how long the problem will affect your child. Some cases result in smaller settlements or judgments, while cases involving the need for lifetime care can result in much higher amounts.

The period following a birth injury is a very traumatic time and navigating the legal system can be a daunting task. You do not have to do it alone. You can count on our birth injury attorneys at Goodman Acker to answer any questions you have before and during your case and treat every family member with the compassion you deserve.

LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]