Muskegon Birth Injury Lawyer

Muskegon Birth Injury Attorney

Discovering a newborn’s birth injury can be devastating for any parent. While many injuries cannot be avoided, some are due to preventable mistakes by a medical provider. These types of mistakes are called medical negligence and can occur with any medical procedure or treatment. A Muskegon birth injury lawyer can help determine whether these acts of negligence directly led to your child’s injuries.

If these mistakes directly led to birth injuries, they are considered medical malpractice. Medical malpractice can adversely affect a family’s life in several ways, from increasing their medical expenses to burdening them with the emotional toll of a suffering child. Filing a medical malpractice claim cannot undo the injuries, but it can recover compensation to make them easier to manage.

Argue Your Case With Dignity

Our main focus at Goethel Engelhardt, PLLC, is to assist victims of medical malpractice. We have worked tirelessly to help countless individuals file claims for personal injuries, birth injuries, and more, recovering millions of dollars for our clients. We understand how difficult the recovery process can be for victims of medical malpractice, so we provide compassionate and thorough support to help our clients stand up against faulty medical institutions.

Our attorneys have the experience needed to pursue justice for your medical malpractice case. We understand that receiving damages cannot completely repair the effects of a birth injury, but compensation can start the healing process. Contact the attorneys at Goethel Engelhardt, PLLC, to receive caring assistance for your birth injury claim.

What Is a Birth Injury?

The labor and delivery process can be difficult, and mistakes are often made. While not every case is a result of medical malpractice, if an error directly resulted in a birth injury, it needs to be examined to determine whether you are eligible for damages.

Birth injuries fall under the area of medical malpractice. In medical malpractice claims, there must be a standard of care. This is the average expected level of care by healthcare providers of a similar practice area and skill level. Violating this standard is an example of medical negligence. Examples of medical negligence include:

• Failure to Diagnose: In many medical procedures, including labor and delivery, complications can arise that can cause injuries if left undiagnosed and untreated. Common complications in birth procedures include drops in heart rate, lack of oxygen, and infections.
• Errors in Surgery: Surgeons can make costly mistakes while operating on a patient, especially if they act carelessly. Mistakes in a cesarean section can be particularly dangerous because they can lead to organ damage or excessive bleeding.
• Injuries During Delivery: If a healthcare practitioner uses too much force to deliver a newborn, it could potentially cause brain or nervous system damage. This can manifest as something like cerebral or Erb’s palsy.
• Lack of Proper Tests: Part of a medical team’s job in labor and delivery is ensuring that proper tests are performed to evaluate the mother and child’s health conditions before, during, and after birth. If these tests are not performed, certain procedures can put the mother and child at risk.
• Poor Use of Tools: In some deliveries, tools like forceps and vacuums are used to expedite the process. If these tools are used incorrectly, they can cause injuries to a newborn’s skull or brain that can lead to permanent damage.

If actions like these directly lead to injuries in your newborn, they are then considered medical malpractice rather than just negligence. This has to be proved in order to receive damages for the birth injuries.

Do I Need a Birth Injury Lawyer?

Gathering evidence for your birth injury claim can be difficult to do alone. There are several important documents and testimony that must be collected in order to prove that a doctor’s actions directly harmed your newborn. A birth injury attorney has experience with this process and can gather the important documents while you help your child with their injuries.

Many families do not expect the high costs associated with birth injuries and permanent disability. A medical malpractice lawyer can help you recover more damages to compensate you for current and future medical expenses associated with your newborn’s injuries. If you believe that your child’s injuries were caused by a negligent medical provider, contact an attorney as soon as possible.

The Birth Injury Claim Timeline

Every medical malpractice case is different and can take several months to several years to resolve. However, there are some common steps that occur in most birth injury cases.

1. Consulting an Attorney: One of the most important steps in starting your claim process is working with an attorney to evaluate your case. If they determine that filing a birth injury claim is possible, the legal team will conduct a thorough investigation to start collecting evidence on your case.
2. Determining Legal Validity: Before officially filing the case, enough evidence must be gathered to link the medical provider’s negligent actions with your child’s injuries. This evidence includes physical documents and input from other medical providers within the same field. Other practitioners must be able to understand the claim of negligence in order for it to be legally valid.
3. Initial Filing: Once sufficient evidence has been gathered, a claim is filed and served to the defendant. This claim includes a thorough report of the complaints of which the plaintiff is accusing the defendant.
4. Discovery: Once the claim is filed and both parties know what the accusations are, each party attempts to find out more about the situation. The two parties ask each other questions and exchange evidence to build their respective cases.
5. Settlement: Birth injury claims are often settled before ever making it to a courtroom. This process can be easier and more cost-effective for both sides, as a trial requires more legal fees and is much longer. Your attorney can help negotiate for a high settlement amount without having to go to trial.
6. Trial: If a settlement is not able to be agreed upon, the case goes to trial and is determined by a judge or a jury. A verdict is reached, and it could favor you or the defendants. If your case reaches this point, your attorney can help make an effective argument for your case in court.

Who Do I File My Claim Against?

You can file your birth injury claim against any party whose negligence caused your child’s injuries. These parties include:

• Doctors: If a doctor failed to properly diagnose medical conditions, did not order tests in time, or was otherwise negligent, they might be the defendant in a birth injury case.
• Anesthesiologists: Anesthesia has serious repercussions when used incorrectly. If improper anesthesia use led to injury, the administrator of that drug would be involved in the claim.
• Hospitals: Filing a claim against a hospital is less common than filing against other medical professionals, but it is still possible. Issues with safety, cleanliness, and proper staff training could be issues with the hospital itself.

FAQs

Q: What Is the Statute of Limitations on Birth Injury in Michigan?

A: In Muskegon, you have until a child is ten years old to file a birth injury claim. A wrongful death claim has to be filed within three years after the child’s death. The time span between discovering a birth injury and filing a claim can be short, so it’s important to contact an attorney as soon as possible.

Q: What Is Considered a Birth Injury?

A: A birth injury is considered to have occurred during or shortly after labor and delivery. They are often the result of mistakes made during the birth process. Birth defects are typically found before the child is born and are more likely due to genetic issues or maternal behaviors during pregnancy. If you’re questioning whether your child’s medical condition was caused by a birth defect or birth injury, contact a medical malpractice attorney.

Q: What Is Birth Trauma Compensation?

A: If a labor and delivery process resulted in a birth injury, it is likely that there is trauma associated with the birth as well. Birth injuries that lead to financial and emotional costs can be eligible for economic and non-economic damages. Victims can recover compensation for things like current and future medical expenses, pain and suffering, and the emotional toll of having a permanent medical condition.

Q: Can You Claim for Birth Trauma?

A: In order to file a birth trauma case in Muskegon, MI, you must prove that the medical provider did not meet the standard of care that was expected of them. This violation must have been the direct cause of the child’s injuries, which can be proven by medical records and eyewitness testimony. If there were errors made in the labor and delivery process that directly resulted in birth injuries, you can work with a birth injury attorney to file a claim.

Contact Goethel Engelhardt, PLLC, to Learn About Your Rights

Birth injuries can be financially and emotionally devastating for children, parents, and their families. Schedule a consultation with our lawyers at Goethel Engelhardt, PLLC, to understand your options for filing a claim. Receiving compensation can be life-changing for you and your family.