If your child is injured at birth, find out immediately how this tragedy occurred
Many types of injuries can occur during pregnancy, labor or after birth.
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, then filing a medical malpractice claim can result in much-needed financial assistance for staggering medical and other costs.
There is help
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.”
Medical Errors May Cause Birth Injuries
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.”
Types of Birth Injuries
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 in 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 skull.
Indicators that a fetus has a 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.
Free Consultation with a Birth Injury Attorney in Michigan
Cochran, Foley & Associates offers free consultations to anyone who suspects someone in their family may be the victim of OBGYN medical malpractice resulting in a birth injury.
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.
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 Terry Cochran. “It would be totally unfair if a victim was unable to seek compensation because he or she couldn’t afford an attorney.”
A Heavy Burden to Bear
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 Lynn Foley and Terry 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. Let Cochran, Foley & Associates fight for your rights.
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.