Labor & Delivery Negligence
Many factors may increase the risk of birth injuries in babies in Michigan. Sometimes these injuries or disabilities are overcome relatively quickly, but in many cases babies suffer significant cognitive issues and may require a lifetime of care. It is important to obtain legal advice to make sure that your child has what they need after suffering injuries. If your child has been hurt by labor or delivery negligence, the experienced Grand Rapids and Traverse City birth injury lawyers at the Neumann Law Group may be able to provide knowledgeable advice and representation. Our principal, Kelly Neumann, is an award-winning trial attorney.Labor and Delivery Negligence
Mistakes made during labor and delivery may result in birth injuries and trauma to babies. For example, in some cases, doctors or nurses may fail to realize that a laboring mother needs to get an immediate C section. The delay may result in a loss of air that might result in brain damage. In other cases, a doctor may use forceps or vacuum extraction improperly.
Birth injuries are distinct from birth defects, which may be a result of genetic mutations or inheritance. Some of the birth injuries often caused by trouble during labor and delivery include brain damage, brachial plexus injuries, cerebral palsy, broken bones, facial paralysis, spinal cord injuries, brain hemorrhaging, and perinatal asphyxia. Not all of these are necessarily caused by labor and delivery negligence, but if they are, your baby and you may be eligible to recover compensation by filing a birth injury lawsuit.
In birth injury lawsuits, plaintiffs must establish that a doctor or medical staff acted in a way that fell below the professional standard of care and that this failure to meet the professional standard of care caused the birth injuries. We will need to retain an expert to determine whether the doctor or nurse did what a reasonable doctor or nurse in the same specialty would have done in the same situation. For example, an ob-gyn who did not respond or did not respond rapidly to an infant getting stuck in the birth canal may be responsible for shoulder dystocia, since most obstetricians would respond differently. Similarly, most physicians respond in specific ways to gestational diabetes, which may have an effect on a fetus before and during labor, and a physician who did not respond in those ways may be found negligent.
In Michigan, expert testimony must be provided by a licensed medical provider who is in the same specialty as the defendant in the lawsuit. A health care professional who meets the Michigan standards for expert qualification needs to sign an affidavit of merit in order to proceed with a lawsuit. Notice needs to be given to the defendant of an intention to file a medical malpractice lawsuit at least 182 days before the lawsuit is filed. Failing to follow either of these presuit requirements may result in your case being dismissed.Discuss Your Case With a Traverse City or Grand Rapids Lawyer
Doctors and staff attending to a laboring mother in Michigan should use care and diligence to make sure that the baby is born without serious disabilities. If your baby suffers birth injuries due to labor or delivery negligence, our Traverse City and Grand Rapids attorneys may be able to assist you. Our firm represents people in Detroit, Lansing, Ann Arbor, Flint, Petoskey, Warren, Holland, Muskegon, Midland, Kalamazoo, Wyoming, and Saginaw, as well as communities throughout the Upper Peninsula. Contact the Neumann Law Group at 800-525-NEUMANN or via our online form to set up a free appointment with a medical malpractice lawyer.