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This content is for informational purposes only and is not intended to provide legal advice.
In 1980, a Michigan couple was awarded a $6.9 million settlement after medical staff failed to perform an urgent C-section during fetal distress. It became one of the highest birth injury settlements in state history but it wasn’t an isolated case. Other US states have amassed billions in similar pay-outs. Every year, seven of every 1,000 babies suffer injuries during birth. The numbers speak to an alarming degree of negligence in the healthcare industry. As hospitals and clinics attract more patients, healthcare standards drop, leaving parents to suffer the consequences.
The birth injury advocates at Michigan Injury Lawyers deal with many cases and are well-versed in handling complex matters. To determine a legal recourse, plaintiffs must assess pre-delivery risk factors, complex diagnoses, and reams of hospital fine print. Regardless of the complexity, seeking compensation for birth-related injuries is imperative because such injuries can cause life-long disabilities and cost thousands of dollars in medical debt. Cases are broadly divided into two categories.
Medical Malpractice
Medical malpractice is negligence in providing medical care that leads to injury or death to a patient. It occurs when healthcare providers do not meet the standards of care for their profession and harm a patient by failing to diagnose a condition, making an incorrect diagnosis, misreading lab results, failing to prevent infection, providing incorrect treatment, missing a medication error, or failing to warn the patient about potential risks. In some cases, medical malpractice may involve leaving instruments inside the body during surgery or other negligence forms resulting in serious injuries or death.
Some common forms of medical malpractice in infant delivery include:
- Failing to perform an urgent C-section.
- Failing to act on fetal distress.
- Using too much force during childbirth.
- Failing to treat meningitis and other common infections in the mother.
- Negligent use of forceps and vacuum extractors.
- Failing to treat jaundice and other infant conditions.
Negligence
Medical negligence is the failure of a healthcare provider to act with reasonable care, resulting in injury or death to a patient. This may include providing incorrect medical treatment, missing a medication error, failing to diagnose a condition, misreading lab results, or failing to prevent potential risks. Medical negligence differs from medical malpractice because it does not require proof of intent or recklessness; instead, it requires proof that the healthcare provider did not adhere to the accepted standard of care for their profession and caused injury or death.
Medical mistakes usually don’t qualify for compensation, but professionals often define appropriate care differently. Therefore, it’s best to see a professional if you suspect incompetency. Medical negligence can cause a host of injuries and disabilities:
- Brachial plexus injuries like shoulder dystocia
- Cerebral palsy: This is often caused by poor umbilical cord or placenta management.
- Encephalopathy: Swelling can cause developmental delays, epilepsy, and cerebral palsy
- Fluid build-up in the scalp: Caput Succedaneum doesn’t always resolve, so it can lead to lasting health effects.
- Ruptured ocular blood vessels from extended or strenuous labor.
- Spinal cord injuries, usually in the neck.
- Fractures, particularly of the collar bone during a traumatic birth.
- Cephalohematoma: A common symptom of excessive force in deliveries that require forceps.
The brain’s growth is at its peak during infancy, so injuries that affect it can be life-altering. Compensation will help you to support any lasting symptoms your child experiences.
Wrongful Death
If an infant dies during labor or birth injuries due to medical malpractice, it will be treated as a wrongful death claim. Affected survivors will receive compensation for their psychological suffering and losses if their case is successful. This will cover medical bills, emotional distress, and lost earnings. To win a wrongful death lawsuit, you’ll need to prove the following:
- The healthcare provider acted negligently or purposefully engaged in a wrongful act.
- Those actions caused the infant’s death.
- The fatality led to damages.
Wrongful death lawsuits have a lot in common with regular personal injury cases. The primary difference lies in who is ultimately compensated. You can receive compensation for the pain and suffering your infant experienced before they died. Funeral costs and the like can also be added to your damages.
Compensation can’t repair the damage you’ve suffered, but it can improve your child’s quality of life. With medical bills paid for and rehabilitation covered, you can support your infant’s growth and recovery. If you can afford a higher standard of care, you’ll secure a higher quality of life.
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