Babies are vulnerable to serious injury during pregnancy, labor, and immediately after birth. Injuries may occur even during routine procedures, such as an Apgar test, if your baby is mishandled. Birth injuries may be minor, like bruises and cuts, or serious, such as broken bones or brain damage.
It is up to the healthcare professionals to ensure your baby stays safe during delivery. If they fail in this duty, you may be entitled to claim medical negligence or medical malpractice.
What Is a Birth Injury?
A birth injury occurs when a newborn or mother experiences harm shortly before, during, or after delivery. Some injuries are temporary, but others cause lasting harm which affects the child throughout his or her lifetime. The injury may not become apparent until the child is older and physical or developmental delays begin to show.
A birth injury may occur because of medical negligence. Healthcare professionals are trained to deal with not only normal deliveries but also those which involve complications, and failing to treat a complication quickly and effectively can be an act of medical negligence.
Causes of Birth Injury
Unforeseen complications during birth may cause injuries to the mother and child. Some incidents, like when the umbilical cord is wrapped around the infant’s neck, may be common. However, they still need to be recognized promptly and dealt with to avoid oxygen deprivation. A medical professional who fails to notice problems like this may have committed medical malpractice.
Some birth injuries can be caused by a complication that was anticipated. For example, earlier tests may have warned the medical professionals there could be problems with the birth, such as preeclampsia or placenta previa. The healthcare professionals must be prepared for these problems during the delivery so that the birth does not injure the baby.
Healthcare professionals are responsible for noticing and acting on signs of maternal and fetal distress so they can create a birth plan that minimizes any danger to the mother and baby. Our experienced Michigan birth injury lawyers can help you understand how your child’s birth injury could have resulted from medical malpractice.
Common Types of Birth Injuries
At our law firm, we handle many types of birth injuries, which include those sustained during or immediately after delivery. Some common birth injuries include:
- Cerebral Palsy
- Cystic Fibrosis
- Erb’s Palsy
- Brachial Plexus
- Bell’s Palsy
- Persistent Pulmonary Hypertension
- Shoulder Dystocia
- Hypoxia and Anoxic Brain Injury
- Hypoxic Ischemic Encephalopathy (HIE)
- Forceps Injuries
- Perinatal and Neonatal Stroke
- Spina Bifida
- Stillborn Deaths
Can I Sue for a Birth Injury?
You can sue a doctor or hospital if a birth injury was caused by medical negligence or medical malpractice. You must prove the injury was preventable with proper care and treatment for your claim to be successful.
It is heartbreaking when your baby is born with an injury, illness, or delayed developmental condition, but if this is the result of a natural birth defect, you will be unable to make a claim against the doctor or hospital.
A birth defect is considered a condition present before the birth or pregnancy due to environmental or genetic factors such as a cleft palate or a functional heart murmur.
A birth injury is caused by negligent care during labor or delivery or failure to provide adequate prenatal care. An essential part of your birth injury claim is that there was medical negligence or malpractice involved.
At Fieger Law, we have the experience and skill to assess whether you have a winning case, and we can help determine the compensation to which you are entitled.
Common occurrences of actionable medical negligence include:
- Medical staff failing to take notice of the baby’s unusual position in the uterus
- Failure to take proper action when the umbilical cord is wrapped around the baby’s neck
- Not performing a C-section when indicated by fetal or maternal distress
- Delays in ordering an emergency C-section
- Misdiagnosing or not treating an infection affecting the mother at or before birth
- Errors when reading fetal monitoring equipment that indicates fetal distress
- Poor or improper use of medical instruments
How Do Birth Injury Lawyers Help with My Claim?
To properly assess your case, we must obtain medical records from labor, delivery, and prenatal care. We will also gather the ultrasound images and fetal monitoring records. Once we have all the records, we carefully review them with medical experts.
If we can determine that the birth injury resulted from medical error and negligence, we will file a birth injury claim for you and pursue the defendant for compensation for you and your baby.
Contact Fieger Law to Pursue Your Birth Injury Claim
Our caring and compassionate Michigan birth injury lawyers can help you through the traumatic and distressing times after a birth injury. We can help you understand what you need to do to prove your case, deal with insurance company lawyers on your behalf, and explain the complexities of the legal process and statute of limitation deadlines.
With decades of experience, we have won birth injury verdicts and settlements across America. These include $144.5 million in Michigan, $53 million in Illinois, $30 million in Ohio, and $17 million in West Virginia.
If your child has suffered from a birth injury, contact Fieger Law today for a no-obligation, free consultation.