Birth injuries are one of the most common medical mistakes that end up leading to a lawsuit. While no amount of compensation can genuinely make up for the devastation of a child or mother sustaining injuries during birth, a trial may be able to help these new parents cover their child’s medical bills in the future.
A doctor, hospital, or even midwife has a particular responsibility to their patients. Doctors are expected to help their patients to the best of their ability, as well as provide a safe and relaxed environment. Expecting mothers should feel comfortable and have their voice heard by the staff around them. Even a small accident made by a doctor can have calamitous results for a patient, especially when a woman is about to have a child.
That’s why experts have identified the following as the most common mistakes that may lead to injuries to an infant upon birth.
If a woman’s prenatal care is lacking, there may be injuries at birth. When someone is expecting, doctors must always perform the right tests with utmost care. Medical personnel must look for and address any issues during the pregnancy. Those issues have to be treated carefully by an experienced doctor. Otherwise, it may affect the mother and child during the birth.
Neglect To Inform Issues
When someone goes to a doctor for any reason, a professional must make sure the patient understands what the doctor is doing. A patient must understand and agree to any procedures before a doctor starts doing that procedure. Although exceptions to this rule exist (such as when a patient is incapacitated and unable to make decisions), this rule applies to mothers giving birth.
Dozens of malpractice cases are being brought against doctors and nurses because of the failure to inform that patient of what doctors are doing. When medical personnel doesn’t listen to a patient’s concerns or goes through with a procedure without consent, that’s a lawsuit. There are hundreds of cases where neglect of this kind resulted in children sustaining injuries like cerebral palsy at birth.
Mishandle During Delivery
The most common form of birth injury often happens during delivery. There are different methods that a doctor can use for delivering a baby. These procedures will require the doctors to master the usage of tools such as the forceps to avoid any injury that can cause permanent damage to the child.
Pulling on the baby too much can lead to these fatal problems. At the same time, too much delicate handling can further delay the child’s birth, meaning the child may run low on oxygen. It’s also a notable fact that failure to perform a C-section for large babies can also cause birth injuries and can damage the mother’s body as well.
These types of injuries can change the course of a life and are often due to negligence. If you or someone you love believe they experienced a medical mistake that led to a birth injury, it’s critical to seek legal counsel immediately. A reputable medical malpractice attorney can help you hold these doctors accountable and get the compensation you deserve.
The attorneys at Michigan Legal Center have experience prosecuting these types of cases and are eager to help you. Contact us today at (800) 961-8477 for a free consultation. Our phone lines are open 24/7.
In the United States, medical malpractice takes hundreds of thousands of lives each year. It is now the third-leading cause of death after cancer and heart disease. We all take a risk when we seek healthcare, yet it’s not always obvious when that care has gone wrong. Those who suspect they have fallen victim to medical negligence should know when medical malpractice takes place and understand their options for recovery.(more…)
A person may have a medical malpractice case if they are injured after a doctor, nurse, or other healthcare professional fails to perform their work in a competent manner. There are certain general rules involved in medical malpractice cases in the state of Michigan. This is a special category of law that is very complex, but here are the basics of medical malpractice.
If you believe you are a victim of medical malpractice, you will need to prove the following things:
The doctor and patient had a relationship: You must prove there was a doctor-patient relationship between you and the doctor or other healthcare professional you are suing. This is as simple as providing proof that you went to the doctor for medical care or treatment.
The doctor was negligent: You don’t have a medical malpractice case simply because you were unhappy with the treatment or results you received. The only way the doctor can be sued for medical malpractice is if he or she was negligent in relation to your treatment or diagnosis. You must prove not only that the doctor’s actions or mistake caused you harm, but also that a competent doctor would not have caused such harm.
The negligence of the doctor directly caused injury: Most often, medical malpractice cases involve patients who are sick or injured, which results in the question of whether the doctor caused harm due to negligence. In most cases, the patient must have a medical expert witness testify that the doctor indeed caused the injury in question.
The injury led to specific damages: There are only specific categories in which a person can sue a doctor for malpractice. The types of harm that fall under those requirements are physical pain, mental anguish, ongoing medical bills, or lost work and wages.
Common Types of Medical Malpractice
Several scenarios can result in a medical malpractice claim, like a surgeon leaving a sponge inside a patient or a doctor failing to disclose certain side-effects of a medication or procedure. Most of these types of claims include the following categories:
Failure to diagnose: If a doctor fails to diagnose a patient, and the patient would have experienced a better outcome had the doctor properly diagnosed him or her, the patient has a medical malpractice claim.
Improper diagnosis: If a doctor provides a diagnosis for the wrong condition, and the patient would have had a better outcome had the doctor provided a diagnosis for his or her actual condition, the patient has grounds for a medical malpractice claim.
Failure to warn a patient of known risks: Doctors must warn patients of specific risks associated with treatment. This is known as the duty of informed consent. If a patient chooses to proceed with a treatment or procedure without a doctor’s warning of specific risks and is harmed from the treatment or procedure, the patient has a medical malpractice claim.
If you are unsure whether your specific case qualifies as medical malpractice, speak with the medical malpractice attorneys at Michigan Legal Center. We can evaluate the facts of your case and take the appropriate steps to get you the compensation you’re entitled to by law. Contact us today for a free case evaluation.
Recent reports have shown that despite the economy, people continue to spend money on procedures to help them look better. While people continue to head to their doctors looking to improve their appearance, surgeons are also advising people to avoid having potentially dangerous procedures. Here are the top 5 cosmetic procedures with the highest risks.
While people are constantly striving to become slimmer, lipodissolve is a procedure that should be avoided. The shot is a part of mesotherapy, and its main purpose is to help people get rid of fat deposits that won’t go away. Doctors have noted that lipodissolve can cause swelling, pain, hard lumps, and multiple skin problems. While lipodissolve is legal in Michigan and other parts of The United States, it has been banned in Brazil and other parts of the World.
Cosmetic Foot Surgery
Cosmetic foot surgery involves a number of procedures that are designed to help you have better looking feet. There is serious risk that occurs when undergoing this procedure. Some of the side effects of this procedure include nerve damage, toe swelling, and even chronic pain in your foot.
Cosmetic Leg Lengthening
This surgery is a very painful procedure that involves people having both of their legs broken and then having screws attached to their legs to help extend their bones. Most surgeons in the United States don’t allow people to undergo this type of procedure without them having psychological testing.
Permanent Filler Injections
Injectable fillers are gels that are injected into the skin to help people get fuller lips while eliminating their wrinkles. Most of the fillers on the market today are temporary, however some fillers can stay in the body for a longer period of time. Permanent fillers such as liquid silicone can cause dangerous side effects such as tissue binding that causes a distorted appearance.
Breast Augmentation Injections
These injections are designed to make the breasts full of fat without leaving scars. Doctors take fat from other parts of the body, including the thighs and buttocks and place it in the breasts. By cleansing the fat and injecting it somewhere else, doctors assure patients that this is a safe enhancement procedure. However, this procedure does come with dangerous risks. The re-injected fat can create a mass buried in the breast tissues. Women who undergo this procedure are at a serious risk for catching breast cancer.
If you have undergone one of these procedures and experienced a negative side effect, you have a right to seek financial compensation. A medical malpractice attorney from Michigan Legal Center can help you get the compensation you deserve for your misfortune. Contact us today for a free case evaluation.