Families who are the victim of a baby injured during the birth process feel a pain no one else can understand. The hardest part afterward becomes getting answers to the basic question: “what happened?” That is the one question hospital staff and doctors are reluctant to answer honestly because it makes them recognize the problems that tiny soul will carry into the future was caused by them and their neglect.
If your child has suffered injuries during birth, you need an attorney to determine if the facts will support a lawsuit seeking compensation on your behalf. The experienced lawyers at Jeffrey W. Hartkop, P.C. will review the specific facts and circumstances of your delivery and determine whether medical negligence contributed to your child’s injury. If medical negligence is suspected, the experienced lawyers at Jeffrey W. Hartkop, P.C. may be able to help you seek compensation to ease the financial burden of a lifetime of care. At Jeffrey W. Hartkop, P.C. our attorneys have years of experience handling Macomb County birth injury cases.
Has your child suffered a birth injury in the Macomb County area?
If so, our attorneys may be able to help you file a claim seeking compensation for damages including medical expenses, loss of future earning capacity and pain and suffering. To find out if you are eligible, please contact our office for a free consultation. And remember, there is no fee unless we win.
How Can a Macomb County Attorney Help?
The hardships associated with birth trauma injuries are not only physical and emotional, birth injuries can also place a huge financial strain on a family. Specialized schooling, physical therapy and lifelong medical bills are costly, and most families are unable to support their injured children without outside help. If you suspect that medical negligence was the cause of your child’s birth injury, then you may be entitled to monetary damages to compensate for expensive medical bills, the loss of earning capacity, and other non-economic damages such as physical and mental pain and suffering. The attorneys at Jeffrey W. Hartkop, P.C. can work with experts to determine your family’s cost of living with a birth injury and additional losses, and file a claim seeking that amount from the negligent party.
For a claim to be valid in Michigan, the injury must have been the direct result of medical negligence. Medical negligence refers to care exercised by the attending physicians that falls beneath the accepted standard of care in the industry. Medical teams assigned to a birth have a responsibility to monitor the health of the fetus, execute a pre-determined plan and handle any complications which may arise in a timely and proper manner. If failure in these duties results in an injury, the family may have a viable birth injury claim. Our attorneys handle birth injury lawsuits stemming from the following:
Forceps Delivery: In some cases, an infant has trouble passing through the birth canal. Doctors or other medical professionals may use forceps to assist in the delivery of the child. Excessive force when using the forceps can lead to debilitating injuries such as Erb’s palsey, or even death.
Vacuum Extractions: Similar to forceps, vacuums are used when the baby has difficulty passing through the birth canal. Vacuums can latch on to an infant’s skull or shoulder to help guide him or her through the birth canal. Improper use of a vacuum can lead to serious injury or death.
Delay in Ordering a Caesarian Section: Emergency C-sections may be ordered if the child is suffering from fetal distress. If the delivery team fails to recognize these problems or delays in ordering a C-section, they may be liable for any resulting labor and delivery injuries.
Hypoxia: Hypoxia occurs when the child’s brain is not receiving enough oxygen. During childbirth, a tangled umbilical cord, infection or damage to the placenta can result in hypoxia. Medical practitioners are trained to detect hypoxia in advance and to take steps to eliminate the risk of further harm. If the doctor fails to notice the hypoxic event and take quick action to avoid injury, the physician and/or the hospital may be liable for any resulting damages.
Birth injuries resulting from any of the following may also have been caused by medical negligence:
· Improper use of Pitocin, a labor-inducing drug
· Failure to recognize and address changes in the fetus’ condition
· Insufficient pre-natal testing
· Failure to diagnose and/or treat birthing complications, including infection, placenta abruption or previa, umbilical cord entrapment or premature rupture of the membranes
· Failure to perform specialized tests during pregnancy
· Neglecting to communicate problems to doctors
· Failure to refer high-risk patients to specialized physicians
At Jeffrey W. Hartkop, P.C. our attorneys investigate medical malpractice claims involving the following birth injuries:
· Cerebral palsy
· Brachial plexus injury (Erb’s palsy/Klumpke’s palsy)
· Shoulder dystocia
· Soft tissue damage
· Facial paralysis
· Brain injury (from oxygen deprivation, blood flow problems, or otherwise)
· Drug-related injuries (such as SSRI-related injuries)
· Broken bones
· Spinal cord damage
· Umbilical cord strangulation or injuries
· Internal bleeding
· Asphyxia
If your child was injured at birth, you should seek out the advice of a lawyer immediately. You may be able to file a lawsuit against the negligent parties to recoup damages for any medical bills or pain and suffering resulting from the birth injury. Jeffrey W. Hartkop, P.C. medical malpractice lawyers realize the time following a birth injury can be difficult and painful, and will work to ensure that your family is properly compensated for your losses. Call today.