The birth of your child should be one of the happiest days of your life. When a doctor’s negligence causes this day to be anything but joyous, your family has the right to seek recovery through a birth injury lawsuit. A birth injury attorney at Gallon, Takacs & Boissoneault can help.
Birth injury claims are some of the most emotional and complex legal matters a family may have to deal with in their lifetimes. Settling this type of claim without knowing the basics of how they are litigated or what your claim is worth, could result in future financial stresses. Our attorneys have the resources and knowledge to guide your family through the process of obtaining compensation for your current and future potential damages.
What is a Birth Injury?
A birth injury or birth-related medical malpractice is any type of injury to the mother or infant caused by a doctor or hospital’s negligence and failure to use reasonable standards of care. Some birth injuries, such as disfigurement from a vacuum or forceps extraction, may clear up after a few weeks with proper treatment. Unfortunately, many types of birth injuries, such as cerebral palsy and nerve damage, can result in life-long health concerns for your child.
Birth injuries can also occur to the mother during labor. If a doctor fails to assess the size and positioning of the fetus before delivery and fails to perform a C-section, the mother’s health may be at risk if the baby becomes stuck during the birthing process. This can cause distress to both mother and child that can lead to maternal hemorrhaging, fetal distress, and infant brain damage.
The following are some common types of birth injuries that may occur when a medical professional does not exercise due care in the risk assessment of a pregnancy.
- Cerebral palsy
- Shoulder dystocia
- Brachial plexus injuries (Erb’s palsy)
- Brain damage
- Nerve damage
- Forceps/vacuum extraction injuries
- Maternal seizure due to neglect of preeclampsia
- Post-delivery hemorrhaging
Filing a Claim for Birth Injury Compensation
Birth injuries follow the same basic process of any type of negligence claim. You must have evidence that your doctor, doula, midwife, or hospital team owed you a duty of care to provide safe and proper care of you and your unborn child during pregnancy, labor, and delivery. Through medical records and expert witness testimony, you will have to prove that the negligence of one or more of these parties directly caused injuries to or the death of the mother or infant.
Depending on the nature of the damages your family suffered from the birth injury incident, you will likely seek compensation for medical costs and pain and suffering. If the birth injury results in permanent damage to your child, your settlement should include future compensation for her medical expenses, plus their lost earning capacity. Pain and suffering damages often make up the majority of the settlement in a case where a mother or child is lost during the delivery process due to medical negligence.
Gallon, Takacs & Boissoneault Can Help
As new parents, you have the right to hire an attorney to focus on your legal matters while you focus on helping your newborn adjust to life with a birth injury. The medical malpractice team at Gallon, Takacs & Boissoneault are here to take the legal burdens off the shoulders of new Michigan parents who are dealing with a newborn’s injuries or a mother’s post-delivery complications. Contact us online to set up a free consultation, or call us directly at 734-430-3012 to learn about your legal options.