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Detroit Birth Trauma Spinal Injury Lawyers

Most parents are full of excitement for their baby’s arrival. They place great trust in medical professionals to deliver their child safely, and they may not expect things to go wrong during labor and delivery. Unfortunately, thousands of Michigan babies suffer injuries from birth trauma every year.

Causes of Birth Trauma Injuries 

“Birth trauma” occurs when a baby is injured during labor and delivery. Many factors increase the risk of birth trauma injuries, including: 

  • Abnormal fetal positioning.
  • Traction on the spinal cord.
  • Repositioning the baby while still in the womb.
  • Vacuum extraction from the birth canal.
  • Manually pulling the baby through the birth canal.
  • Using forceps to pull the baby through the birth canal.

While some birth trauma injuries are unavoidable, others result from medical professionals and staff using excessive force, incorrectly using medical equipment, or otherwise failing to meet the acceptable standard of care.

Types of Spinal Injury From Birth Trauma 

A baby’s spinal cord can bruise or tear during childbirth. Spinal cord injuries have decreased over the years due to advancements in labor and delivery protocols. Many childbirth spinal cord injuries are preventable and result from medical negligence.

Childbirth spinal cord injuries can be mild to severe. Some infants recover full functionality, but others suffer permanent physical or cognitive limitations. Immediate medical attention, diagnosis, and treatment can help mitigate long-term damage.

Sometimes, the damage caused by a spinal cord injury is not immediately apparent. Signs of a possible spinal cord injury include: 

  • Weak muscles.
  • Difficulty moving arms or legs.
  • Respiratory problems.
  • Reduced bladder or bowel function.

If doctors suspect a spinal cord injury, the medical standard of care requires them to conduct a complete evaluation.

Severe spinal cord injuries can cause complete loss of motion, especially if the childbirth care team does not provide prompt, appropriate diagnosis and treatment. Severe injuries may cause quadriplegia or tetraplegia (paralysis from the neck or chest down) or paraplegia (paralysis in the lower body and legs).

What Is Medical Malpractice?

Doctors and other medical staff have a legal duty to treat patients with the skill and competence required by the prevailing professional standards. This duty is created when a doctor agrees to treat a patient and continues throughout the doctor-patient relationship. It involves a basic obligation to anticipate risks and use appropriate care to prevent patient harm.

If a physician or other healthcare professional fails to perform according to these standards, they may be liable for medical malpractice. Hospitals and other medical care facilities may be independently liable for failing to meet the accepted standards of patient care.

To establish medical malpractice against a healthcare professional or facility in a spinal cord injury case, a plaintiff must provide expert testimony proving all of the following: 

  • The defendant violated the medical standard of care during the infant’s delivery.
  • The injury to the newborn was a direct result of the defendant’s negligence.
  • The injury caused damage to the newborn.

Michigan medical malpractice lawsuits require an extensive understanding of both medicine and the legal process. These cases have specific procedural requirements and deadlines limiting your ability to file a claim. If your child suffered a spinal injury due to birth trauma, you should consult an experienced malpractice attorney as soon as possible to determine your best course of action.

Legal Compensation for Birth Trauma Injuries

Children who survive a birth injury often face a lifetime of expensive medical treatment. Depending on their limitations, you may need to modify your home or vehicle. They may need assistive devices or equipment, specialized caregivers, and other ongoing care assistance.

These costs can be exorbitant, causing severe financial hardship in addition to emotional trauma. A medical malpractice lawsuit can compensate families for both economic and non-economic damages and provide a stable financial future. Examples of possible compensation for birth trauma injuries include: 

  • Future and continuing medical treatment.
  • Pain and suffering.
  • Emotional distress.

Pursuing a medical malpractice lawsuit can ensure your family can afford the best care possible throughout your child’s life.

Contact the Experienced Michigan Birth Trauma Attorneys 

If your child experienced birth trauma resulting in spinal cord injuries, contact Sommers Schwartz, P.C. today. You may be able to pursue a medical malpractice case against the professionals who caused, failed to prevent, or inadequately treated these injuries.

For more than forty years, the attorneys at Sommers Schwartz have fought for injured victims of all ages. We have recovered millions of dollars in compensation for our clients and their families. Contact us to schedule a free, no-obligation, confidential consultation.

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