The Michigan pregnancy malpractice lawyers at Buckfire Law Firm understand the devastation that a birth injury can have on the child and family. Harm to an expectant mother and baby may be the result of medical negligence by a doctor, like an OBGYN, or another medical professional. When a doctor or hospital makes a medical mistake that affects a pregnancy, it may give grounds to file a lawsuit.
Our award-winning birth injury lawyers have won top settlements in pregnancy malpractice lawsuits. The key to winning a case is choosing a medical malpractice attorney with experience in cases involving difficult pregnancies. It is essential that your lawyer be skilled in both the medical and legal aspects of these cases to achieve the maximum possible settlement.
- Pregnancy Related Deaths to Mothers
- Questions to Ask Doctors If an Injury Occurred During a Pregnancy
- What must be Proven to Win a Pregnancy Complication Malpractice Lawsuit?
- How Much Can You Sue for in a Pregnancy Complication Case?
- Contact a Michigan Pregnancy Complication Lawyer Today
What Are the Most Common Complications During Pregnancy?
Most pregnancies are generally uneventful, but when complications arise it is essential that the pregnant mother and unborn baby receive the best possible medical treatment. Timely and effective medical care and attention are often the difference between a healthy baby and a poor outcome.
Common pregnancy complications include, but are not limited to:
Fetal distress: a condition when the fetus shows signs of distress late in the pregnancy or during labor. The failure to recognize and treat fetal distress can result in injury or death to the baby.
Stillbirth: the death or loss of a baby during delivery. A stillborn birth is a nightmare for parents expecting a healthy baby.
Amniotic fluid complications: too much or too little fluid can be a sign of potential harm to the fetus and can cause birth defects, growth retardation, or stillbirth.
Bleeding: women who bleed in late pregnancy can be at risk for losing the fetus or bleeding excessively.
Ectopic pregnancy: this occurs when the fetus develops outside of the uterus, like in the fallopian tubes, cervical canal, or the pelvic. The failure to diagnose and treat the condition can cause serious harm to both the mother and baby.
Placental complications: the two types of placental complications are placental abruption and placenta previa. These pregnancy complications can cause the mother to deliver early and can result in depriving the baby of oxygen during pregnancy and result in brain damage and even death.
Preeclampsia or eclampsia: these conditions can lead to seizures, coma, or even death. Treatment may include hospitalization, bed rest, medicine to lower blood pressure, and close monitoring of both the fetus and the mother.
Hypertension / High Blood Pressure: poorly controlled high blood pressure can cause serious medical conditions to both the baby and mother. This needs to be monitored and controlled for the safety of the mother to reduce potential harm to the baby.
Infections: infections, like a urinary tract infection (UTI), can further complicate a pregnancy.
Pregnancy-Related Deaths to Mothers
Pregnancy-related deaths are not limited to babies. The number of pregnancy-related deaths to mothers is on the rise in the United States, despite advancements in medicine and science. The top causes of deaths to pregnant mothers are now tracked by the Center for Disease Control. The CDC statistics show the primary reasons for these deaths are:
- Cardiovascular conditions
- Infection or sepsis
- Hemorrhage and bleeding
- Thrombotic pulmonary or another embolism
- Cerebrovascular accidents, 7.0%.
- Hypertensive disorders of pregnancy
- Amniotic fluid embolism
- Anesthesia complications
- Other medical conditions
A death to an expectant mother is devastating to the family. A spouse and other children suffer an irreplaceable loss when a woman dies from a pregnancy complication.
Questions to Ask Doctors If an Injury Occurred During a Pregnancy
It is important to know how to identify medical malpractice during your pregnancy to be able to protect you and your family. If you think a birth injury occurred during your pregnancy or during labor and delivery, it is essential to ask yourself the following questions:
- Did you have an infection during your pregnancy and was it treated properly?
- Did the hospital fail to understand specific tests or studies that were done during your pregnancy?
- Did the hospital fail to notice any changes in your baby’s heart rate during pregnancy?
- If you have a baby premature, did the doctors try to stop the premature labor?
- Did you bleed excessively during your pregnancy and was it treated properly?
- Did you experience premature rupture or premature separation of the placenta during your pregnancy which may have caused a birth injury?
- Was your pregnancy considered at high risk, but not treated as such during your pregnancy?
What are the Top Reasons to File a Pregnancy Malpractice Lawsuit?
There are several reasons that give rise to a pregnancy malpractice lawsuit. The main reasons are:
- Misdiagnosis and the failure to diagnose complications during a pregnancy
- Failure to order necessary tests, like ultrasounds, when presented with signs of complications
- Not referring to a pregnancy specialist, like a fetal medicine specialist, when needed
- Misinterpreting fetal monitoring strips and other diagnostic testing
- Not performing an early delivery or c-section when needed to prevent harm to the baby
- Improper monitoring during the pregnancy or at the time of delivery, like fetal distress
What must be Proven to Win a Pregnancy Complication Malpractice Lawsuit?
There are four things that you must prove to win any medical malpractice lawsuit, including a pregnancy complication lawsuit. These elements are:
- Professional duty owed to the patient, which is essentially showing the existence of a doctor-patient relationship or relationship with another medical professional or medical facility
- Breach of a duty of care, also called medical malpractice or medical negligence
- Injury caused by the medical mistake or error
- Damages, including physical harm, psychological harm, and economic harm.
Can I Sue for a Doctor or Hospital for Pregnancy Complications?
You can sue a doctor, like an OBGYN, or a hospital if you, a mother, or baby was harmed due to medical malpractice. To win your case, the four above things must be proven by reliable evidence and expert witness testimony in your case. Our legal team will put this all together to win your lawsuit.
How Much Can You Sue for in a Pregnancy Complication Case?
The amount of a settlement is different in every case, and the same is true for a lawsuit filed for a pregnancy complication. There are several types of damages that can be claimed, and this is true for mother, baby, and the family of mother or baby that dies due to a pregnancy complication.
In general, settlement damages include pain and suffering, mental anguish, medical expenses, cost of future medical care, and loss of earnings. These damages apply to both the mother and baby.
For a baby born with a preventable brain injury or birth defect, these damages are often into the millions of dollars due to the lifetime expenses needed to care, education, and house the baby. Our lawyers often employ medical specialists and even economists to project these damages to achieve maximum settlements. Some settlements in Michigan have reached as high as $15 million, especially in cases involving a baby diagnosed with cerebral palsy.
In the event of a death of the mother or baby, the surviving family members can file a wrongful death lawsuit. These cases demand damages for the pain and suffering of the decedent prior to death, as well as the loss of society and companionship suffered by the family members. Other damages include medical bills, loss of income and support, and funeral and burial expenses.
How much do Lawyers Charge for Pregnancy Complication Cases?
Our attorneys will represent you in your Michigan pregnancy complication case under our NO FEE PROMISE. This means that you will not be charged any legal fees whatsoever unless we obtain a settlement or recovery for you. You have absolutely no obligation for legal fees unless we win your case. If we do not obtain a settlement for you, you owe us nothing!
Contact a Michigan Pregnancy Complication Lawyer Today
Our experienced medical malpractice lawyers have the expertise and skill to prove all four elements of your pregnancy malpractice claim. We hire top national medical experts to review your records and provide medical opinions that will support and win your case.
Call us now to speak with one of our top-rated lawyers about your case. You can also submit the online Free Case Review form or chat with us online to get started on your case.
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