Birth injuries are physical traumas that happen during labor or delivery. These injuries can affect both mother and child. In many cases, the harm is mild, but at other times, complications can be severe and life-altering. According to the current statistics, around 7 out of every 1,000 babies born in the United States suffer a birth injury, which might seem small, but still, the impact on each affected family can be overwhelming.

When a mother or a baby suffers an injury during childbirth, the emotional consequences often include stress, anxiety, and heartbreak. Parents worry about the future development of the baby and might struggle with feelings of guilt or confusion, wondering if something else could have been done. Financially, these injuries can lead to extra medical costs, long-term therapies, and potentially a lifetime of specialized care. 

Let our qualified personal injury attorney in Michigan help you better understand birth injury issues, providing guidance on how to identify common causes and establish liability when negligence is involved.

Common Causes of Maternal and Infant Harm

Some birth injuries are unavoidable. Even the most vigilant medical teams can encounter complications due to genetic factors, unexpected fetal positions, or issues that arise in the blink of an eye. However, other birth injuries occur due to mistakes of doctors, nurses, or other healthcare professionals during childbirth. Common medical malpractice or negligence that can lead to maternal or infant harm include:

Mismanagement of Labor

If healthcare professionals overlook signs of fetal distress, including abnormal heart rates or low oxygen, or delay surgical intervention when labor isn’t progressing, serious problems can arise. Untreated complications, such as severe preeclampsia or prolonged labor, can endanger both mother and child.

Improper Use of Medical Devices

Forceps and vacuum extractors might be used to help guide a baby out of the birth canal. However, if used incorrectly or with too much force, these medical devices can cause skull fractures, bleeding, or nerve damage in the child. In addition, improper use of such devices can injure the mother by causing internal tears or bleeding.

Delayed C-Sections

Sometimes, a vaginal delivery becomes too dangerous, making C-Section procedure the safest route. When medical staff delay a necessary C-Section, the baby can experience a drop in oxygen supply. Oxygen loss during childbirth can lead to cerebral palsy or other neurological impairments that might affect the child for life.

Other Oversights and Errors

Medical teams must keep track of vital signs, medication doses, and fetal positions throughout labor. Oversights in these areas can be just as damaging as improper procedures. For example, incorrect anesthesia doses can harm both mother and baby, and misreading fetal heart rate monitors might delay needed interventions.

Establishing Liability in High-Stakes Malpractice

When childbirth injuries could have been avoided, there might be legal grounds for filing a medical malpractice or negligence claim. Under Michigan law, certain criteria must be met to prove medical negligence in birthing injury cases. Here are the key elements you need to understand:

• • Standard of Practice or Care

Medical professionals are expected to meet a certain standard of care based on what a reasonably competent provider in the same field and region would do under similar circumstances, which include properly monitoring the baby, making necessary interventions, and following established protocols for high-risk situations.

• • Breach of the Standard of Practice or Care

After establishing the standard of care, you must show that the medical personnel failed to meet that standard. It could involve any number of errors, such as failing to perform a C-Section promptly despite clear fetal distress or improperly using delivery instruments that led to the birth injury.

• • Actions Taken or Omitted

In malpractice claims, it’s important to specify which measures were not taken or which improper actions occurred. For instance, if the doctor should have performed a C-Section two hours earlier but didn’t, that delay might be the core of your malpractice claim. Conversely, if the hospital staff should have avoided forceps but used them anyway, that omission or incorrect action could form part of your proof.

• • Proximate Cause of the Injury

Proving a breach occurred is not enough. You must connect the breach directly to the injury. In other words, you must show that the failure to act or improper action of the healthcare professional led to the birth injury of your child that otherwise might have been managed or prevented.

Building a strong case for birthing injuries requires multiple forms of evidence. Medical records are typically the starting point, offering insights into how labor was managed and what interventions were applied. Furthermore, expert testimony from experienced obstetricians or other medical professionals can clarify whether the care you received fell below the accepted standard.

Working with Specialized Birth Injury Attorneys

A medical malpractice claim can be complicated, especially when emotions run high, and the long-term well-being of a child is at stake. That’s why many families benefit from working with a local personal injury attorney in Michigan who has specific experience in obstetric malpractice. These legal professionals understand the nuances of birth-related injuries and can guide you through each step of the legal process.

A birth injury attorney often collaborates with medical experts to evaluate the current and future care needs of your child. The assessment might include projecting the costs of ongoing therapies, specialized equipment, and even educational support if your child has developmental delays. These professionals can help place a dollar figure on what your family needs for adequate care, ensuring that any settlement or court award addresses both immediate and long-term expenses.

Moreover, attorneys experienced in maternal health malpractice can help you stay on top of filing deadlines and other legal requirements specific to Michigan. The statute of limitations for Michigan medical malpractice claims is typically two years from the date of injury, with some exceptions. It’s essential to start the legal process as soon as possible to gather evidence and speak to witnesses while details remain fresh.

Seek Trusted Legal Counsel to Protect Your Family

If you or your child suffered a preventable injury during childbirth, you deserve skilled representation. Shafer Swartz PLC has helped families hold healthcare providers accountable for medical malpractice or negligence that results in maternal harm or birthing injuries. We understand the emotional and financial stakes involved, and we’re prepared to pursue every avenue to secure the compensation you need. Contact us today at (231) 722-2444 or here to discuss your case and learn more about how our seasoned birth injury attorneys can protect your rights.