If your child is injured at birth,
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Many types of injuries can occur during pregnancy, labor or after
Caring for a child who was injured at birth is a lifetime challenge
faced by many parents in Michigan.
If the birth injury was caused by medical error, than filing a medical
malpractice claim can result in much needed financial assistant for staggering medical
and other costs.
Cochran, Foley & Associates, PC, has helped many families cope with
the emotional struggles from dealing with birth injuries. Lynn Foley, the firm's expert
on birth injuries, is an attorney and registered nurse with experience in the medical
field. You must be sure, however, to contact Lynn as soon as possible so a timely and
accurate discovery of facts is accomplished.
"Lynn Foley has a special interest in birth trauma," says senior
partner Terry Cochran. "Lynn's nursing background offers real advantages because she
understands the law, understands medicine, and understands how the law has affected
the medical profession. When a doctor or nurse fails a patient, she can key in on the
issues quickly for the benefit of her client."
You will learn from Lynn Foley that indeed medical error does cause
birth injuries or can increase their severity or permanence. Medical errors include:
failing to anticipate birth complications, such as your baby's twisted umbilical cord;
failure to respond appropriately to bleeding; failure to respond to fetal distress;
delay in ordering a cesarean section when medically necessary; misuse of forceps or
a vacuum extractor during delivery; or poor care after the birth.
After your initial phone call, Lynn with work with other Cochran
& Foley attorneys and staff members to review all of your baby's medical records associated
with birth and neonatal care, and may also have them reviewed by an third-party physician
"Birth trauma is an injury to the child during the delivery," says
Foley. "A number of problems can occur during the birth of a child. If the doctor or
nurse fails to respond quickly, the child can suffer permanent brain injury, Cerebral
Palsy, nerve injury or even death."
"With a thorough evaluation of your labor and delivery," adds Foley,
"our trained experts can pinpoint exactly when and if the birth or brain injury was
due to negligence. Then your birth injury attorneys can move forward and come up with
a settlement that is fair based on the extent of your child's injury and the emotional
damage. Although we can't take away the pain that your child's birth injury caused,
we can help relieve your financial burden."
One of the common birth injuries is shoulder dystocia which can be
caused during delivery by a physician's improper use of forceps. Besides pain, the injury
results a limited ability to move a hand or arm. Often a baby suffering from shoulder
dystocia cannot lift their arm above the shoulder level.
Lack of oxygen to the brain during delivery can cause an anoxic or
mechanical injury. Anoxic injuries are those caused by a reduced oxygen supply during
delivery. The same kind of brain damage can be produced by a physical trauma during
birth. This type of physical trauma is known as a "mechanical injury," such as a fractured
Indicators that a fetus has an higher risk of birth injury include
a difficult, prolonged labor, improper use of medication by the pregnant mother, a large
fetus or a breech birth. An unreasonable delay in performing an emergency cesarean section
can increase the risk of injury.
A pregnant woman with gestational diabetes faces a greater risk of
complications at birth. About two to seven babies out of a thousand births will suffer
birth injuries. Every precaution to ensure a healthy delivery should be pursued by seeing
a competent pre-natal physician.
Cochran, Foley & Associates offers free consultations to anyone who
suspects someone in their family may be the victim of medical malpractice
If you have a child with a birth injury that may have been caused
by medical error, find out if a determination can be made about the cause of the injury.
If Cochran, Foley & Associates pursues a claim, be assured we will gather all relevant
medical records and consult with medical experts to determine if medical negligence
was responsible for the traumatic brain injury.
The financial burden of caring for a child with a birth injury can
be catastrophic. Because the condition does not improve over time, the parents will
face that financial burden throughout the child's life. Such an extreme financial burden
should be shared by those responsible when medical malpractice has been established.
Both Foley and Cochran agree that most doctors, nurses and hospitals are excellent but
strongly feel that when malpractice is involved in a birth injury the baby and parents
must be adequately compensated.
Statutes of limitation limit the length of time you have to file
a lawsuit. Depending on the nature of your case, the time limits may be from one to
15 years after the incident. If you fail to file a lawsuit within that time period you
may forever be denied the justice due you. If your baby was injured at birth and you
believe that you have a case, it is critical that you seek legal help quickly.
If you believe you are a victim of a birth injury, let Cochran, Foley
& Associates fight for your rights. Click here for a
free consultation or call 800-322-5543 and ask for Terry Cochran or Lynn Foley.
Cochran and Foley will provide a free consultation, either on the
telephone, over the Internet, in person and sometimes at your home or in the hospital
room. You will be charged a contingency fee which means that the attorney will only
be paid a fee if a recovery is made. "The purpose of the contingency fee agreement is
to provide access to justice, says Cochran. "It would be totally unfair if an injured
person was unable to seek compensation because he or she couldn't afford an attorney."
The Law Offices of Cochran, Foley & Associates, P.C. is dedicated
to representing individuals and families who have suffered catastrophic losses as a
result of injuries, disabilities and death. The firm does not represent insurance companies
or corporations but instead bases its practice upon representing individuals and families.