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Birth Injury: Determining Responsibility and Seeking Justice for Baby and Patients
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Added: 12/18/2003
Type: Summary
Viewed: 974 time(s)
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Birth Injury: Determining Responsibility and Seeking Justice for Baby and Patients
For every 1,000 babies born every day at least 27 are victims of birth trauma. Birth injuries occur more often than most people believe and sometimes the injuries occur because of the negligence of doctors, nurses or the hospital.
"Mothers have a deep respect for the doctor and nurses who helped bring their baby into the world," says Terry Cochran, senior partner of Cochran, Foley and Associates, a Michigan based law firm. "Because of this a very sad and tragic result is that often the mother blames herself for the birth injury. She just cannot perceive the doctor might be negligent."
Cochran agrees that most doctors, nurses and hospitals are excellent but strongly feels that when malpractice is involved in a birth injury the baby and parents must be adequately compensated. "And beyond compensation," stresses Cochran, "it is important that responsibility be appropriately assigned so the mother does not suffer needless emotional stress."
Common birth injuries are cerebral palsy, temporary paralysis, brain damage, a fractured collar bone, seizure disorders, and specific disorders such as Erb's Palsy, Klumpke's Palsy, and Brachial Plexus Palsy.
Other common birth injuries include: bruising and forceps marks; damage to the iris of one or both eyes; swelling of the baby's scalp, usually because of vacuum extraction; bleeding within a bone; damage to the baby's facial nerves; fractured bones, often during breech delivery; brain injury, including seizure disorders and mental impairment.
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."
Lynn Foley states 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 a 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.
"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."
Statutes of limitation limit the length of time you have to file a lawsuit. In the state of Michigan, depending on the nature of your case, the time limits may be from one to 15 years after the incident. Failure to file a lawsuit within that time period may result in justice forever being denied.
Anyone who believes their baby is a victim of birth trauma because of negligence should let Cochran, Foley & Associates fight for their rights by calling 800-322-5543 and asking for Terry Cochran or Lynn Foley or visiting www.cochranfoley.com.
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. The client 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.
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