METRO DETROIT BIRTH INJURY LAWYER
Metro Detroit Birth Injury Attorney
Regardless of the severity of your injuries, if you were injured as a result of someone else’s negligence, you should consult with an experienced personal injury attorney to determine your rights to compensation.
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
Have you witnessed an injury to a close family member caused by someone else’s negligence? Did you subsequently suffer emotional distress after seeing a love one harmed? If so, you may be able to bring a claim for Negligent Infliction of Emotional Distress.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
Did you know that under Michigan law, the spouse of an injured person may have an independent claim for damages in the amount of the value of the services, society and companionship, and sexual relationship the spouse has been deprived of?
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists for medical care provided by a government agency or employee.
It is important to know and understand your rights when you or your loved one is a patient in the hospital. For instance, did you know that hospitals are required to provide appropriate treatment and screening to every patient who presents to the emergency room regardless of insurance coverage, ethnicity, or citizenship?
When you or your loved one requires medical care, it is a stressful and emotional time. Even if not an emergency situation, it is not uncommon to experience panic, anxiety and fear. As a patient or representative, part of the process will undoubtedly involve filling out hospital admission forms. But how carefully do you read what you sign? Could you unknowingly sign away your or your loved one’s right to a jury trial in the event that the hospital negligently causes injury?
The birth of a child is one of, if not the, greatest experience in the lives of those who choose to become parents. Unfortunately, injuries to the baby as a result of a Michigan healthcare professional’s malpractice occur and the results can be crippling for not just the injured child, but the parents as well. If your child has been injured as result of a doctor, hospital or other healthcare provider’s negligence, you deserve compensation.
While there is nothing that can fully compensate a family who has suffered a birth injury, a medical malpractice suit can try and provide money damages for past, present and future medical expenses, pain and suffering, emotional distress, and lost earnings capacity.
Some common examples of birth injuries are:
- Shoulder Dystocia – This occurs when, after delivery of the head, the anterior shoulder of the infant gets stuck behind the mother’s pubic bone. When this happens, the remainder of the baby does not follow the head easily. The major concern with shoulder dystocia is damage to the upper brachial plexus nerves, which supply the sensory and motor components of the shoulder, arm and hands. Excessive tension or pulling by a doctor can cause permanent injury, and may open the doctor up to liability.
- Erb’s Palsy – This is a paralysis of the arm caused by an injury to the main nerves in the baby’s upper arm, specifically the severing of the C5-C6 nerves. This forms part of the brachial plexus. This is a common injury as a result of shoulder dystocia, and depending on the nature of the damage, can result in permanent nerve injury. The risk of Erb’s palsy can be reduced with proper fetal monitoring, and a timely C-section.
- Klumpke’s Palsy – This is similar to Erb’s palsy, but involves an injury to the lower roots of the brachial plexus. The result is paralysis to the muscles in the infant’s forearm and hand.
- Brain Damage – An infant being born with brain damage does not necessarily mean that negligence occurred. However, one of the most important aspects of childbirth is paying proper attention to the fetal monitoring strip, which tells the hospital staff whether the child is getting sufficient blood flow or oxygen. A lack of oxygen at birth, or cerebral hypoxia, can cause lifelong brain injuries.
- Cerebral Palsy – This is commonly caused when babies do not receive adequate oxygen at birth, and results in poor coordination, stiff muscles, weak muscles, problems with speech or other senses, and sometimes seizures. Again, doctors are responsible for making sure the baby is getting sufficient blood flow and oxygen, and if necessary performing an emergency C-section.
- Maternal Injuries – Birth injures are not exclusive to the baby, but can result in injuries to the mother as well. Doctor’s are responsible for also monitoring the condition of the mother, and can be found negligent if their failure to properly do so results in injury.
- Cesarean (C-Section) Injuries – While a C-section is medically necessary in many instances, doctors must exercise proper judgment when performing them to protect both the lives of both the infant and the mother. Performing a C-section too early or too late can result in permanent injury or death.
- Kernicterus – Kernicterus, also known as Hyperbilirubinemia, is a rare brain damage condition that occurs due to high levels of bilirubin. Bilirubin is the yellow pigment seen on babies, and comes from the body’s attempt to dispose of red blood cells. While a doctor would not be the cause of Kerniciterus, he or she may be liable in a medical malpractice action for failing to monitor the high levels of bilirubin and treat the condition before it escalates.
- Persistent Pulmonary Hypertension of the Newborn (PPHN) – PPHN is a life threatening condition and occurs when a baby does not change from fetal to normal newborn blood circulation. Blood is forced away from the lungs due to high blood pressure in the arteries that go to the lungs, and the infant has a difficult time breathing. In many instances, PPHN is the result of medical negligence. For example, if the physician fails to treat maternal infections, fails to detect and prevent infant asphyxia, or performs an unnecessary C-section, he or she may be liable.
If your baby suffered a birth related injury as a result of a physician or hospital’s negligence, you can count on the Metro Detroit Injury Lawyers to act as zealous advocates for your family. While we can't turn back the clock and avoid the injury, we can hold those responsible for their negligence and provide meaningful compensation to your family. Contact the experienced attorneys at Metro Detroit Injury Lawyers today at 248-430-8929 for a free evaluation of your birth injury case.
Metro Detroit Injury Lawyers reached a settlement last month on a dog bite case involving an attack on a 4 year old little girl that left the child with facial lacerations and puncture wounds on her face.
Metro Detroit Injury Lawyers recently settled a case involving an assault and battery of a U.S. veteran at a Metro Detroit restaurant for $95,000.
Metro Detroit Injury Lawyers settled a pre-suit car accident case for full policy limits this week after a Metro Detroit woman was struck earlier this year while attempting to cross the street by a vehicle traveling at an excessive rate of speed.
Dogs are wonderful companions and family members. However, it is a reality that dog bites can be traumatic and result in very serious injuries for the victim. If you have been the victim of a dog bite attack, you need an experienced Michigan dog bite lawyer to handle your case.
Metro Detroit Injury Lawyers recently reached an $80,000 settlement on a premises liability case involving a serious knee injury to a woman who tripped over an exposed, elevated bolt on the sidewalk of a Metro Detroit business.
Metro Detroit Injury Lawyers reached a $50,000 settlement on a case involving injuries to a registered nurse who was assaulted by her patient.
Metro Detroit Injury Lawyers recently reached a $154,000 settlement on a slip and fall case involving a serious knee injury to a woman who fell on a freshly mopped floor in a Metro Detroit business.
In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.
A dangerous and potentially life threatening bacterial infection has been linked to the use of certain heater-cooling units (HCU). These devices are used during surgeries such as open heart surgery, lung surgery or liver transplant surgery to regulate a patient’s body temperature.
Metro Detroit Injury Lawyers reached a $250,000 settlement earlier this month on a dog bite case involving an attack on a 3 year old boy that left the child with deep lacerations, puncture wounds and severe bruising to his face.
Metro Detroit Injury Lawyers reached a pre-suit settlement earlier this month on a premises liability case involving a slip and fall on ice. Our client was injured early in the morning when he slipped and fell on the unsalted parking lot of his apartment complex as he attempted to access his car for work.
Metro Detroit Injury Lawyers is pleased to announce that Attorney Cameron Peralta has been selected by The National Trial Lawyers for inclusion in its Top 40 Under 40 Civil Plaintiff Trial Lawyers in Michigan, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to attorneys in each state or region age 40 or younger who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.
After your case is filed, the parties will engage in a process called "discovery", where each side is permitted to request relevant facts or evidence from the opposing party in an effort to build their case and prepare for trial.
You've met with your attorney and are ready to begin the case. What is the next step to getting you the compensation you deserve?
Exercise Care this Memorial Day Weekend. With so many people on the road, the potential for dangerous auto accidents is high. Take extra caution while driving. Particularly allow for more space between vehicles and time to stop. Have a wonderful, but safe, weekend!
Rear-end collisions can be particularly dangerous for Michigan drivers. If hit while stopped the injuries can be devastating. How many times have you been stopped at a light and and see the driver behind you coming up at a high rate of speed with his or her head in their phone?
Regardless of the severity of your injuries, if you were injured as a result of someone else’s negligence, you should consult with an experienced personal injury attorney to determine your rights to compensation.
Often times a prospective client will reach out to our office weeks or even months after suffering a slip and fall accident seeking to pursue a claim for damages. Sometimes the best evidence to support their claim for damages has faded, changed or been replaced. It is more difficult to re-create the scene of a fall as time passes. Here are 5 tips to help preserve the evidence of a slip and fall claim to maximize your recovery:
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
The Michigan House Transportation Committee is considering a new bill that would make it illegal for Michigan drivers to use a hand-held electronic device for any purpose while driving. Currently, the law only forbids texting while driving.
Have you witnessed an injury to a close family member caused by someone else’s negligence? Did you subsequently suffer emotional distress after seeing a love one harmed? If so, you may be able to bring a claim for Negligent Infliction of Emotional Distress.
If you are involved in a Michigan auto accident, you are entitled to receive personal injury protection (PIP) benefits from the responsible no-fault insurer (usually this is your own insurance company). However, you should be aware that your auto insurance policy may have a high deductible that applies when you submit a claim for PIP benefits.
Have you ever taken your car to a repair shop for a quick oil change, tire rotation or other routine maintenance and repairs only to get the vehicle back in a worse condition than when you dropped it off? If so, the Motor Vehicle Service & Repair Act (MVSRA) may provide you relief.
Under the Michigan No-Fault Act, personal injury protection (PIP) benefits are available to anyone who sustains an injury “arising out of the ownership, operation, maintenance or use of a motor vehicle.” MCL 500.3105. In most situations, the injured person receives no-fault benefits from his or her own insurance company. However, even if you do not have a car, you can still be injured in an auto accident. A passenger or pedestrian is still entitled to no-fault benefits regardless of whether he or she was the owner, driver or even an occupant of the motor vehicle involved in the accident.
Aside from putting you at risk for serious injuries if involved in a car accident, failing to wear your seat belt could make your responsible for a civil infraction. It could also constitute negligence and reduce your tort recovery in a subsequent motor vehicle negligence case against the at-fault driver.
One important element of a dog bite claim is properly identifying the party responsible. The proper defendant in a Michigan dog bite attack is the owner, keeper or possessor of the animal. Check out our new blog post to learn the differences of each and for more information on Michigan Dog Bite law.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
According to the Center For Disease Control And Prevention, 48 million Americans suffer from food poisoning each year, resulting in 128,000 hospitalizations and 3,000 deaths. If you have ever suffered an illness as a result of food served at a restaurant or purchased at a grocery store, you may have wondered if you could pursue a claim for damages.
If you have been injured by a third-party while on the job, you may be entitled to bring a negligence case against the responsible party in addition to receiving worker's compensation benefits. However, your employer/worker's compensation carrier may have a lien on your third-party case for benefits it paid.
In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.