If your child suffered a birth injury due to the negligence of a medical professional, you may have grounds to pursue compensation for the resulting damages, such as medical costs, surgical interventions and other related costs. At Jay Trucks and Associates, we understand that in addition to the devastating physical and emotional trauma, there is the added financial burden as you try to provide the necessary care for your child.
I would recommend Todd Trucks of Jay Trucks & Associates for legal needs... They are professional and persistent. I appreciate all their efforts.
We have recovered over $500 million for injured victims in Traverse City and across Michigan, and we are prepared to fight to help you recover the compensation you need. Our initial consultation is completely free and confidential. There is no risk to you and no obligation to move forward. If we represent you, there are no upfront costs. We only get paid if we recover compensation on your child’s behalf.
Learn more about how we may be able to help today by contacting our firm for a free consultation.
Jay Trucks & Associates - Ph: (800) 762-8623.
Who Can Pursue Damages After a Birth Injury?
Seeking legal help from an experienced lawyer is a key step in recovering damages for your child. It can be difficult to prove liability in these cases, and there are many negligent acts by a medical professional that could lead to a birth injury, such as:
- Failing to diagnose preeclampsia or an ectopic pregnancy
- Failing to diagnose or treat an infection during pregnancy
- Missing a diagnosis and subsequently failing to treat gestational diabetes
- Taking inadequate steps to monitor a mother and infant for distress
- Failing to provide proper prenatal care
- Improperly using birth delivery tools, such as a vacuum extractor
- Allowing a dangerously long labor before taking steps to perform a C-section
- Inadequately administering medication during labor or delivery
Our Traverse City birth injury lawyers are prepared to review the circumstances that led to your child’s injury in a free legal consultation. If we determine your child’s injury may be due to medical negligence, we are also prepared to help you pursue compensation for your damages.
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How Much is My Birth Injury Case Worth?
There are many different kinds of birth injuries, and the severity of your child’s injury and resulting medical complications will directly affect the overall value of your claim. To better assist you with obtaining an accurate value for your potential claim, we encourage you to consult with our legal team.
Generally speaking, birth injury victims may be eligible to pursue these types of compensation:
This type of compensation refers to monetary losses and are easier to calculate, such as:
- Corrective surgery that may be required
- Diagnostic and other medical testing
- Lost wages if you had to miss work to care for your child
- Rehabilitation and physical therapy
- Psychological counseling and special schools
- Any related doctor’s appointments, including the expense of traveling to those appointments
- The cost of home modifications that may be required to assist with your child’s needs
This type of compensation refers to non-monetary loss and is less tangible, such as pain and suffering. This is why you need an attorney who has extensive experience accurately calculating the total value of your damages to help you obtain maximum compensation on your child’s behalf.
It is important to note that Michigan has caps on non-economic damages for any injuries that are the result of medical malpractice. However, the limits enforced by these caps adjust each year to accommodate for current inflation rates.
These cap limits are increased when a child suffers a catastrophic injury, such as spinal cord or brain injuries, injuries that cause permanent cognitive damage or permanent and irreparable damage to your child’s reproductive organs.
Is There a Deadline For Filing a Birth Injury Claim?
Michigan has a deadline, known as the statute of limitations, for a birth injury claim that is two years from the date of the injury. If the injury is not immediately discovered, then that deadline is six months from the date that it was discovered. There are exceptions to filing deadlines that may cause you to have to file significantly sooner. Our Traverse City birth injury lawyers are available to help determine what deadline may apply in your situation.
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How is a Birth Injury Defined?
Birth injuries typically happen during labor and delivery, not to be confused with a birth defect, which occurs while a child is developing in the womb. Types of birth-related injuries include:
- Spinal cord injuries
- Broken collarbone
- Breathing issues
- Damage to the facial nerve
- Insufficient oxygen
- Nerve damage to the neck or shoulders
- Bleeding in the brain
Risks For Birth Injuries Due to Medical Negligence
Medical professionals that do not take reasonable steps or follow current acceptable standards of care in monitoring a mother and her child could increase the chances for a birth injury. High risk factors for a birth injury include:
- A significantly prolonged or unusually difficult labor
- Infants who are in a feet-foot position at delivery (head-first is considered the optimum position)
- Misuse of medical tools, such as forceps, used to extract an infant in a difficult delivery
- Mother’s who have a small pelvis, but a child with a larger head
- Premature birth of an infant with a gestation period of 37 weeks or less
- Use of excessive force while extracting a baby during a difficult delivery
Birth Injuries That May Lead To Lifelong Medical Complications
Many birth injuries are minor and may heal completely, such as facial bruises or a fractured collarbone. However, more serious, life-altering injuries can happen in a matter of seconds if a physician or other medical professional is negligent in his or her duties.
Serious birth injuries that may lead to lifelong medical complications include:
- Cerebral palsy – Insufficient oxygen during delivery can lead to brain damage and result in multiple neurological issues, from speech problems to uncontrolled body movement.
- Brachial plexus – A collarbone may suffer a fracture and affect the upper arm nerve structure during difficult deliveries. This type of injury could be temporary or permanent and affect the strength or movement of a child’s hands or shoulders.
- Klumpke’s palsy – A claw-like appearance of the hands due to paralysis of the lower arm. The damage to the lower arm nerve structure happens when an infant’s hands are above their head during a difficult extraction.
- Erb’s palsy – Nerve damage, total paralysis or severe muscle weakness may result if a child’s shoulders get stuck in the birth canal. The extent of the injury may be minor or cause a severe disability, where the nerve is completely torn from the spinal cord.
Call a Traverse City Birth Injury Lawyer For Legal Help
The birth of a child should be a happy time, but if someone else’s negligence causes a birth injury, your child’s life could be changed in a moment. Birth injuries often result in a lifetime of suffering, significant financial expenses and medical complications for the victims and their families. While nothing can change what happened, it can be helpful to recover compensation for damages.
Our attorneys have over 30 years of experience helping injured victims in Grand Traverse County and throughout Michigan. We have recovered millions on behalf of our clients, and we are prepared to help you pursue maximum compensation. Our initial consultation is free, and if we represent you there are no upfront costs to pay. We only get paid if we achieve a successful recovery on your behalf.
Jay Trucks and Associates. No Upfront Fees. (800) 762-8623