Labor & Delivery Negligence

Experienced Birth Injury Attorneys Aggressively Pursuing Compensation on Behalf of Families in Traverse City and Grand Rapids

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 through a labor & delivery injury.

If your child has been hurt by a healthcare provider’s labor & delivery negligence, the experienced Traverse City birth injury lawyers at the Neumann Law Group are immediately available to meet with you to discuss your rights and outline your options. We offer free, no-obligation consultations where we will answer your questions so you can make the best decision for your family.

What is Labor & Delivery Negligence?

Mistakes made during labor and delivery may result in birth injuries and other trauma to babies. For example, in some cases, doctors or nurses may fail to realize that a laboring mother needs to get an emergency C-section. At this point, any delay may result in the deprivation of oxygen, which can quickly lead to brain damage. In other cases, a doctor may use forceps or vacuum extraction improperly, causing serious and irreversible nerve or brain damage.

Birth Injuries Versus Birth Defects

Birth injuries are distinct from birth defects. Birth defects are usually the result of genetic mutations or inheritance. On the other hand, birth injuries are not genetic and involve something that happened during the mother’s pregnancy or during the labor & delivery process.

Some of the birth injuries that can occur 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.

Proving a Michigan 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.

Expert Testimony in Labor & Delivery Negligence Cases

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 healthcare 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.

Has Your Family Been Affected by a Tragic Birth Injury?

Doctors and staff attending to a laboring mother should use care and diligence to make sure that the baby is born without serious disabilities. If your baby suffered from a birth injury due to labor or delivery negligence, the Traverse City medical malpractice attorneys at the Neumann Law Group are here to help. We represent families in Detroit, Lansing, Ann Arbor, Flint, Petoskey, Warren, Holland, Muskegon, Midland, Kalamazoo, Wyoming, and Saginaw, as well as communities throughout the Upper Peninsula. To learn more, and to schedule a free consultation today, give the Traverse City personal injury lawyers at the Neumann Law Group a call at 800-525-6386. You can also connect with us through our online contact form. Calling is free, and we will not bill you for our services unless and until we can connect you with the compensation you deserve.