When an infant lacks oxygen or blood flow to the brain during delivery, it can have lifelong impacts on the child and family. This condition is known as brain ischemia, or hypoxic ischemic encephalopathy (HIE).
At times, these injuries result from preventable medical errors or negligence during labor and delivery care. As experienced infant brain ischemia lawyers, the attorneys at Birth Injury Lawyers Group have extensive experience representing families throughout Michigan impacted by this.
Our brain ischemia lawyers is committed to pursuing maximum compensation through careful investigation and strong advocacy. We will fight to secure the resources you need now and going forward for your child’s care.
About Brain Ischemia in Babies
Brain ischemia happens when the brain doesn’t get enough oxygen or blood flow. This can happen during birth due to issues like compressed or tangled umbilical cords, premature separation of the placenta, maternal bleeding, or lack of proper monitoring by medical staff.
Without sufficient oxygen, brain cells begin dying rapidly within minutes. There are often no immediate symptoms for babies with mild HIE, but moderate to severe cases may result in seizures or respiratory distress at birth.
Long-term effects of infant brain ischemia vary based on severity but can include:
- Cerebral palsy
- Developmental delays
- Vision and hearing loss
- Intellectual disabilities
- Neurological impairments.
Brain ischemia also causes diffuse swelling (encephalopathy), which is life-threatening. Early detection through physical exams, tests such as an MRI, and tracking developmental milestones is important for proper assessment and intervention of this birth injury.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Do You Have a Potential Medical Malpractice Case?
If your baby suffered brain ischemia during labor and delivery, it’s important to understand whether the injuries were preventable and could potentially give rise to a medical malpractice claim.
Michigan law recognizes claims for medical malpractice resulting in birth injuries when the responsible medical providers deviate from the standard of care. Some indicators that your child’s case may have merit include:
- Improper or lack of fetal heart rate monitoring during labor.
- Failure to timely perform an emergency C-section for signs of fetal distress.
- Delay in resuscitating or providing care to your hypoxic newborn.
- Medical errors that caused disruptions to oxygen/blood flow, such as a broken clavicle during delivery.
Our firm’s medical malpractice attorneys will thoroughly investigate your baby’s birth records, policies/procedures followed, and expert opinions on what care should have reasonably been provided. If we discover errors, you may be entitled to compensation.
Even if you signed a document consenting to your care, you did not consent to medical negligence. We offer free case evaluations to families wondering if they have grounds to pursue a claim.
Michigan Brain Ischemia Lawyer Near Me 1-800-222-9529
How Will My Lawyer Help Me with My Infant Brain Ischemia Claim?
Here are some of the key ways a lawyer can help you pursue an infant brain ischemia claim in Michigan:
- Conduct a thorough investigation of your child’s medical records and the events surrounding the birth to fully understand what happened.
- Employ expert witnesses like nurses, physicians, and life care planners to review the case and provide testimony about what care should have been provided based on the standard of care. This helps prove liability.
- Request and collect additional documents like hospital policies/procedures and staff depositions to build a strong case of negligence against the responsible parties.
- File official notices and lawsuits to meet all legal deadlines and put pressure on insurance companies to negotiate appropriately.
- Personally negotiate with insurance adjusters on your behalf, leveraging the evidence collected to obtain the maximum settlement value for your family.
- Guide you through the legal process every step of the way so you can focus on caring for your infant without worrying about complex procedures or paperwork.
- If needed, prepare your case for a medical malpractice trial and argue in court to secure the compensation award you deserve.
The goal of our brain ischemia lawyers in Michigan is to obtain a full remedy for your child’s lifelong medical costs and quality of life impacts from this preventable brain injury. Brain injuries can be extremely expensive to treat, and you shouldn’t have to bear the costs if it wasn’t your fault.
"We know first-hand what you are going through."
Are There Damage Caps for Infant Brain Ischemia Cases in Michigan?
Yes, but only for non-economic damages. You can get full damages for all of the economic costs of your child’s care, like seeing specialists, getting medical devices, prescription medication, and much more. Non-economic damages cover the rest of your costs.
The Michigan Department of Treasury adjusts the maximum amounts each year based on changes in the consumer price index. In 2024, the current maximum cap for brain injuries is $1,016,000. Without further changes in the law, this should continue to increase year over year.
Brain ischemia qualifies under the “certain permanent disabilities” category for Michigan law. For full details on how the prices have changed over the years, see the Limitation on Non-Economic Damages sheet from the Michigan Department of Treasury.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Contact a Brain Ischemia Lawyer in Michigan
If your newborn suffered brain ischemia due to birth injuries, you likely have many questions about medical malpractice laws and your legal rights. The attorneys at Birth Injury Lawyers Group have years of experience helping families of children with birth injuries get compensation.
We understand that right now your focus needs to be on your child’s health and developmental needs. Let us ease some of the burden by guiding you through the complex legal process. Our dedicated team is here to promptly and thoroughly review the specifics of your baby’s case.
If negligence may have played a role in your child’s condition, we will hold responsible parties accountable and fight to ensure you receive maximum compensation for your family. Contact us to schedule a free consultation with a qualified brain ischemia lawyer in Michigan.
"We are committed to helping families who have suffered medical negligence."
