Common Birth Injuries
When evaluating a birth injury in Michigan for possible medical malpractice, it is important to recall that Michigan has a special statute of limitations for injuries to children resulting from malpractice. While ordinarily a minor has a year after they reach the age of majority to bring a cause of action for an injury they suffered during childhood, the rules for medical malpractice are much more restrictive.
In general, a cause of action for medical malpractice must be filed within two years of the act or omission that forms the basis of the claim. If the person injured by malpractice does not discover the existence of the claim within that two year period, and the failure to discover the claim is deemed reasonable under the governing legal standard, a cause of action may be filed for up to six years after the act or omission, provided it is filed within six months of discovery.
In addition to those general rules, a cause of action for a minor may be brought at any time before the minor's tenth birthday, or at any time before the minor's fifteenth birthday for injury to the reproductive system. Certain exceptions and varations of these rules may apply to specific malpractice cases. It thus makes sense to have your child's situation reviewed by a malpractice attorney as soon as you suspect that malpractice has occurred - if you wait too long, your child's legal remedies may be forever lost.
The terms "birth injury" or "birth trauma" ordinarily refer to injuries to a baby that result from complications during labor and delivery.
Birth injuries range from mild to severe, ranging from minor bruising to nerve or brain damage. The fact that a birth injury occurred does not necessariy mean that it resulted from medical malpractice. A lawyer can assist you in evaluating a specific incident for the possibility of malpractice. Common injuries include:
Injuries to a baby are more likely during a difficult delivery. The difficulty of delivery is affected by such factors as:
If a mother experienced complications during a prior birth, doctors should be on alert for possible complications during any subsequent birth.
Medical error can cause birth injuries, or can increase their severity or permanence. Medical errors which may support a malpractice action includes:
The potential for injuries to a baby do not stop with birth. Injury can also result from poor care delivered after the birth, including mistakes made during a circumcision or failure to properly attend to an infection.
In evaluating a possible malpractice claim, an attorney will ordinarily want to review all of the baby's medical records, including those associated with the child's birth and neonatal care, and may wish to also have them reviewed by a nurse or physician.
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