Child Birth Injury in Michigan
There is no moment to compare with meeting your child for the first time. All the nerves and preparation have been building to this moment. However, there are those who have seen their newborns receive injuries due to medical malpractice or negligence. If you have experienced such an event, you should know your rights under Michigan law to be able to protect yourself and your child.
What Causes a Childbirth Injury?
While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Michigan.
During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the Michigan medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.
To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.
According to many studies, over 15% of women who give birth incur pelvic injuries that never fully heal. This is generally due to misdiagnosis or allowing the injury to go untreated all together. However, the University of Michigan states that a new process is underway of using sports medicine to attempt and diagnose women for birthing injuries after they give birth. Using an MRI machine to diagnose injuries showed that many women showed fractures in their pelvic floor, similar to sports fractures.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Michigan. One of the following examples may apply to your circumstances.
Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. Michigan medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.
Improper Use of Forceps
There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb. Attending medical professionals may use forceps to help move it through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.
Still, the medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.
Hypoxia
Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.
This condition often occurs due to a damaged or infected placenta. Thankfully, most Michigan medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.
However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.
Cesarean Section Delay
An emergency C-section may be necessary due to an infant’s fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.
There are various medical reasons why a doctor might opt for a C-section. For instance, the baby may be improperly positioned in the womb or unable to descend into the birth canal. Another common scenario is when the mother has labored extensively without sufficient dilation.
In such situations, a C-section may be necessary to ensure the safe delivery of the baby and to avoid further complications. However, delays in performing the procedure can lead to severe consequences for both the mother and child. When medical staff fail to act promptly, the risks of lasting harm increase significantly.
What Are Some Other Possible Causes of Childbirth Injury in Michigan?
Other types of medical neglect that could result in injuries to the child or the birth mother include:
- Failing to perform sufficient prenatal testing
- Not using labor-inducing drugs timely
- Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
- Not addressing changes in the baby’s condition
Neonatal Femur Fractures
Very Well Health states that a child’s femur can be fractured if the child is awkwardly grasped and pulled during the birthing process. This generally occurs when the leg is grabbed, twisted, and pulled when trying to remove the baby from the birth canal. Pain when the leg is moved is the general indicator of a fractured femur. If this occurs, the child is generally treated by wearing a Pavlik Harness.
Premature Rupture of Membranes
PROM is said to occur when the membranes surrounding the womb that hold back the amniotic fluid break. This will generally happen on its own in labor, but there are cases of it happening before the mother is ready to go into labor. Mediline states that this can sometimes be attributed to infection, or if you had a previous PROM in an earlier pregnancy.
Why Should You Take Action for Your Child Birth Injury?
It is essential that any parent whose child has been diagnosed with a birth injury in Michigan, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.
The Michigan Department of Health and Human Services records mortality statistics for the state to improve in the treatment of children and mothers. According to the most recent data, there are over 6 infant deaths for every 1,000 born in the state.
There can be a flood of emotions if you or your child has been injured due to negligence or malpractice; fear, depression, rage. However, it may be in your best interest, as well as your child’s, to focus that anger in getting restitution for what has happened. And the best way to do that may be to engage the services of an experienced attorney in Michigan.
Work With an Experienced Local Child Birth Injury Lawyer in Michigan
If you expect birth injury medical malpractice in Michigan, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across Michigan state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.