Michigan Birth Injury Lawsuit
How Do I Know if I Should File a Birth Injury Lawsuit?
Filing a lawsuit is a big step. It takes time and may not resolve for months or years. The best way to know if a lawsuit makes sense for your baby’s birth injuries is to talk to a lawyer. Michigan birth injury lawyers have experience helping people like you and can provide the best advice about how to proceed.
Birth injury firms will offer you a free consultation. This means you can have a professional review your case for free. You’ll get answers to your questions and find out if a lawsuit is an option for you and what you may be able to recover.
A lawyer will not take you on unless they think you have a case. If an attorney or firm offers to represent you, there is no obligation to hire them. The free consultation has no strings attached, so you can still change your mind.
What Are the Steps in a Michigan Birth Injury Lawsuit?
If you decide to go ahead with a lawsuit, your lawyer can explain and walk you through the steps. Most civil lawsuits proceed the same way, but not all cases go through all these steps. Many conclude with a settlement and never go to trial.
- Complaint
The complaint is a document filed with the court that makes your lawsuit official. It notifies the defendants and outlines your case. Your lawyer will draft and file this document. - Discovery
Filing of the complaint triggers discovery, a period of investigation and gathering evidence, testimony, and witnesses. Both sides use this time to build their case. The purpose is to argue for a settlement and to be ready for trial if it becomes necessary. - Pre-Trial Settlement
Most cases end in a settlement because defendants stand to lose more in court. Juries usually award much more than the amount agreed to in settlements. The benefit for the plaintiff is that you stand to get compensation sooner. Your lawyer will negotiate on your behalf. - Trial
If settlement negotiations fail, your lawyer will prepare to litigate in court. Here, a jury decides if the defendants are negligent in your child’s birth injuries and liable for damages. They assign an award amount if they find for negligence.
Some cases go through additional steps if the loser in the trial appeals the jury’s decision. An appeal takes the decision to a higher Michigan court, where a judge may or may not overturn the decision.
How Long Do I Have to File?
Michigan’s statute of limitations gives you three years to file a birth injury lawsuit. The clock typically starts when the injuries occurred, but there are some exceptions. Talk to a lawyer as soon as possible, so you don’t miss your chance to sue and recover damages.
What Does My Lawyer Need to Prove to Win the Case?
Your lawyer needs as much information as possible to prove negligence. They need your honest recollections of what happened, information about those involved and any witnesses, medical records, and all related expenses.
Proving medical malpractice can be difficult. Your lawyer will rely on the information you provide. They will also work with medical experts who can show that your doctor or nurse breached an accepted standard of care, leading to your baby’s injuries.
What is My Michigan Birth Injury Lawsuit Worth?
Damages in a lawsuit depend on factors unique to the case but also on Michigan laws. For example, Michigan courts follow comparative negligence. If you are at all to blame for the birth injuries, the court can reduce a jury award. Michigan also caps non-economic damages in medical malpractice cases, which can limit your recovery.
Independent factors that affect damages amounts include the severity of injuries, the degree of disability and permanence, care needs, medical expenses, related expenses, and pain and suffering. If you have to quit working to care for your child, this will also come into the calculation.
Examples of Successful Michigan Birth Injury Lawsuits
Examples of wins for Michigan birth injury victims give you an idea of what lawyers do for their clients:
- $130 Million Verdict for Cerebral Palsy. Yen Tran filed a lawsuit against Beaumont Hospital in Royal Oak in 2016 after her baby, Vinh, suffered brain damage shortly after birth. Tran had no complications during delivery, but he had developed a serious condition before being born. While undergoing tests to monitor the condition, staff failed to act quickly enough when the newborn began turning blue. He suffered brain damage as a result and now needs lifelong care.[1]
- $144 Million Verdict for Severe Brain Injury. Another family, the VanSlembroucks, sued Beaumont and won after their daughter was born there with severe injuries in 1995. Doctors failed to realize that the baby, Markell, was unusually large. Instead of performing a C-section, they gave the mother Pitocin to stimulate contractions. Markell suffered serious trauma and is now permanently disabled and will require found-the-clock care for life.[2]
- $13 Million Jury Award for Arm Paralysis. Libbey Bryson sued and won a jury verdict against Genesys Regional Medical Center in Flint. When doctors delivered Bryson’s daughter, they used too much force, resulting in damaged and severed nerves that control her arm. The little girl now has permanent loss of function in her arm.[3]
These and other cases demonstrate what good lawyers do for families and victims of birth injuries. They hold responsible medical professionals accountable and get compensation for families to care for their children. If you’re thinking of filing a Michigan birth injury lawsuit, talk to an experienced lawyer.