Michigan Birth Injury Attorney
Birth Injury Complications
The birth of a child is one of the most exciting and monumental moments in a person’s life. What happens if something goes wrong in the delivery room and your child is left with severe or fatal injuries? What happens when you find out this problem could have prevented during pregnancy or labor?
Birth injuries and birth complications are far too common in the United States. Infants are injured every day because of insufficient or improper medical care. Some complications are preventable, some conditions could have been diagnosed during pregnancy, other problems should have been observed during labor and delivery. There is not necessarily one category for every birth injury. These shades of gray within the long list of birth injuries require the expertise of a birth injury attorney to help you figure out what could have been done differently and where you can go from here.
If your child or you have suffered from one or more of the following birth injuries or complications, call Thurswell Law immediately to discuss your case and find out how you can seek monetary compensation.
Conditions That Can Result from a Birth Injury
If an infant suffered trauma during birth, a physical birth injury is usually apparent immediately. Some conditions that are the direct result of a birth injury, however, are not visible until the child gets older. Parents may realize as their child grows that he or she is not reaching developmental milestones. These are some of the first signs of a birth injury.
A child who develops a condition associated with a birth injury can go on to lead a normal life with therapy and ongoing medical care. Some children, sadly, are permanently altered. They need around-the-clock care and they will never lead independent adult lives. These situations require money, time, and lifestyle changes, which can lead to financial and emotional strain.
- cerebral palsy
- developmental delays and learning disabilities
- Erb’s palsy
- intellectual and developmental disabilities
- motor disorders
- periventricular leukomalacia (PVL)
- spastic cerebral palsy
- speech delays and language disorders
Prenatal Issues That Can Lead to a Birth Injury
Obstetricians are tasked with the important job of caring not only for the growing fetus but the expectant mother. Regular testing, sonograms, examinations, and more are designed to be administered throughout the pregnancy to ensure that mother and baby are both in good health, infection free, and unlikely to develop complications during delivery. Without proper prenatal care, diagnoses, and monitoring, a birth injury can result.
This extensive list of birth injuries in this category makes it clear just how critical quality prenatal care is for expectant mothers and their babies.
Prenatal complications for the mother:
- cervical cerclage to prevent premature birth
- gestational diabetes
- group B strep (GBS)
- incompetent cervix
- macrosomia
- medication errors
- mismanaged pregnancy infections
- oligohydramnios
- placenta previa
- placental abruption
- placental insufficiency
- post-term pregnancy
- premature water break
- preeclampsia
- progesterone to prevent preterm birth
- stroke during or near time of delivery
- uteroplacental insufficiency
- UTIs and bacterial vaginosis
- vasa previa
Prenatal complications for the baby:
- breech birth
- chorioamnionitis and villitis infections
- encephalitis
- fetal growth restriction/intrauterine growth restriction (IGUR)
- fetal stroke
- hydrocephalus
- microcephaly
- neonatal herpes encephalitis
- neonatal hypoglycemia
- premature birth
- short umbilical cord
- umbilical cord prolapse
Delivery Room Errors or Complications That Can Lead to a Birth Injury
Delivery rooms are equipped with advanced technology and extensive staff who are trained to monitor every laboring mother so she is able to deliver safely and speedily to prevent complications. Unexpected situations do arise requiring emergency treatment and quick decision-making, but that is the nature of labor and delivery – it is a happy environment, but also one that is especially critical to maintain the health and wellness of the infant and mother. Any breach in the standard of care can lead to a birth injury that could otherwise have been prevented.
- birth trauma
- brachial plexus injury
- CPD: Cephalopelvic Disproportion
- cytotec labor injuries
- delivery room errors
- face presentation
- forceps injuries
- fetal monitoring errors
- intracranial hemorrhages
- labor and delivery anesthesia mistakes
- medication errors
- Pitocin/oxytocin labor injuries
- subdural hemorrhage
- subgaleal hemorrhage
- true knot umbilical cord
- uterine rupture
- vacuum extraction
Causes and Outcomes of Oxygen Deprivation or Birth Asphyxia
In a mother’s womb, a baby is provided with the oxygen and nutrients to survive. Once labor starts and the child begins the journey into the birth canal, complications can arise that cut off the child’s oxygen supply. An emergency C-section or other intervention may be necessary to safely deliver the baby and save its life. In the delivery process, however, delayed or poor decision-making can lead to oxygen deprivation and irreversible health conditions.
- birth asphyxia
- C-sections and surgical delivery
- delayed emergency C-section
- hypoxic ischemic encephalopathy (HIE)
- meconium aspiration syndrome
- neonatal encephalopathy
- neonatal resuscitation errors
- nuchal cord
- overventilation
- oxygen deprivation
- prolonged or arrested labor
- twin pregnancy and HIE
Post-Natal Errors or NICU Complications That Can Result in a Brain Injury
Babies born prematurely or with health complications not necessarily caused by a birth injury will be placed in the neonatal intensive care unit (NICU) for specialized care and treatment. Without proper monitoring, treatment, and diagnoses, further complications can develop in this environment and lead to serious, life-threatening conditions for the infant.
Premature babies are at a higher risk of developing health problems or being born severely underdeveloped. Without proper prenatal care and postnatal care, these infants are at risk of developing potentially life-threatening birth injuries or long-term health problems.
Some babies are seemingly born healthy but develop complications within 24 hours after their birth. Improperly or insufficiently conducted examinations of the infant while mother and baby are still in the hospital can lead to a missed sign of infant distress. Signs of a birth injury can also become clear as the child grows and fails to reach developmental milestones.
- hypothermia treatment errors
- infant meningitis
- intraventricular hemorrhage (IVH)
- jaundice and hyperbilirubinemia
- neonatal breathing problems
- neonatal infection
- NICU mismanagement
- seizures
- sepsis
- twins and multiple pregnancies
Get Help from a Michigan Birth Injury Lawyer
To fight hospitals, insurance companies, doctors, and other healthcare entities for a birth injury or medical negligence, enlist the services and expertise of the Michigan birth injury lawyers at Thurswell Law. We have built our name on getting justice for thousands of babies and their families since 1968. We will never charge a fee unless we recover money. Your family has already suffered enough – emotionally, physically, and mentally. Don’t suffer financially too. Call Thurswell Law today.
Helping Parents and Children After Serious Birth Injuries
Having a child can be an exciting event, but it can also be stressful due to the multitude of risks that exist for both the mother and child. Pregnancy, labor, and delivery can put stress on the human body, and many complications may occur that put a mother’s life at risk or that can injure a child, sometimes causing permanent disabilities.
Many medical professionals play a very important role from the time a woman learns she is pregnant until after the delivery happens. Any mistake by a doctor or nurse can cause harm to patients, which can seriously alter their lives. If you or your child suffered harm due to a birth injury, you may have important legal rights and should not delay in discussing what happened with a highly experienced birth injury attorney in Southfield, Michigan.
The legal professionals at Thurswell Law have experience protecting clients’ rights under Michigan medical malpractice laws. We represent clients who suffered preventable complications and injuries during the birth process and we can evaluate your rights and options. Contact our office for free to discuss a possible case and the best course of action in your specific situation.
How Birth Injuries Happen
Some birth injuries are not due to any medical mistakes or misconduct and are simply unavoidable. However, birth injuries also regularly occur as the result of errors on the part of a doctor, nurse, or another medical professional attending to a pregnant woman or child. The following are some examples of acts or omissions that can lead to birth injuries:
- Not conducting necessary and proper prenatal testing
- Not providing proper prenatal care
- Failing to identify and anticipate possible complications during birth
- Failing to prescribe bed rest for a pregnant woman when needed
- Prescribing medications for a mother that cause harm to a baby
- Not scheduling a c-section when needed due to possible delivery complications
- Not properly monitoring the vital signs of a child and mother during labor and delivery
- Not responding properly if vital signs indicate possible distress of the mother or child
- Allowing labor to continue for too long
- Discharging a mother when she should be admitted to the hospital
- Improper use of birth assisting tools including a vacuum or forceps
- Pulling or twisting on a baby during delivery
- Failing to provide necessary emergency medical treatment for a child born with medical problems
- Failing to supervise the health of the mother in the hours and days following labor and delivery
All of the above can lead to many types of birth injuries. One of the most common birth injuries is head trauma or oxygen deprivation of the child, which can cause damage to the brain tissue. Brain damage can have many different and lasting effects, including cerebral palsy, physical impairments, cognitive impairments, and other disabilities. A common injury to mothers occurs when doctors and nurses fail to identify when a mother is hemorrhaging after giving birth. This can be a life-threatening event if not treated properly.
Mothers and children who sustain birth injuries because of medical mistakes can need costly medical treatment that would not have been necessary except for the mistake. This can result in extensive medical bills and longer recovery times, which can interfere with a mother’s ability to take care of her child or herself, and possibly keeping her from work for longer than expected. If a child suffers permanent injuries, they will experience a lifetime of impairments and disabilities that may limit their educational, athletic, and professional opportunities.
If your doctor failed to take necessary action or acted wrongfully and it resulted in harm for you and your family, you should discuss your legal rights and recourse with an experienced Southfield birth injury attorney. A member of our legal team can evaluate what led to your injuries and advise you whether you can hold a doctor or hospital liable for medical malpractice.
Did You or Your Child Suffer Harm Due to Medical Malpractice?
Not every mistake that a doctor makes will lead to a medical malpractice claim. If that were the case, doctors may be too nervous about potential liability to perform their jobs. Instead, Michigan medical malpractice law requires that an injured patient prove the healthcare professional breached the prevailing standard of care expected in that specific situation and by that particular type of medical provider.
The standard of care for medical professionals is to act as a similarly trained medical professional would act given the circumstances in question. For example, a doctor may fail to diagnose and treat a health condition in a pregnant woman that puts the child at risk. If another trained doctor in that field would have diagnosed the condition based on the woman’s circumstances, risk factors, and symptoms, the treating doctor fell below the required standard of care. The patient would then have a cause of action for medical malpractice. On the other hand, if another doctor may also miss the diagnosis, no medical malpractice occurred.
Your Rights after a Birth Injury
If you believe that a birth injury was likely the result of medical malpractice, you may have the right to file an insurance claim against the doctor’s malpractice insurance company or a legal claim in Michigan civil court to seek compensation for your various losses. Common losses include:
- Medical bills
- Expenses for ongoing future medical care
- Lost wages or earning ability
- Pain and suffering
- Permanent disabilities or impairments
- Loss of enjoyment of life
A skilled birth injury lawyer will know how to calculate your damages and seek the full value of your claim.
Contact a Southfield, Michigan, Birth Injury Law Firm for a Free Case Evaluation
Michigan law requires specific action in medical malpractice claims, including providing notice of a claim to the medical providers in question and initiating a lawsuit within a specific period of time, generally two years. You should not risk missing your chance to seek the compensation you deserve for your injuries or lasting injuries to your child. You should not delay in consulting with Thurswell Law regarding your rights.
Contact us online or phone us at (248) 354-2222 for more information today.