Birth injuries are tragic. One wrong decision, one poorly administered treatment, acting one second too slowly – these are things that can be the difference between life and death, between a normal life and one burdened by disability, doctor visits, and the impossibility of independence. If your child has suffered a birth injury, their world and yours has not only been changed by their arrival, it has been altered forever.
Is It Too Late to Sue for Medical Malpractice?
Some conditions caused by a birth injury do not develop right away. Many infants seem fine until they are noticeably delayed in their developmental milestones or never reach them at all. They’re not progressing like their peers. They’re showing physical or mental delays. An undiagnosed birth injury could be the reason.
When there are no obvious physical signs of a birth injury, parents are stunned to discover that their child has a disability, and even more stunned to realize it was likely caused by a birth injury. Depending on how much time has passed between birth and the onset of a complication from a birth injury, it may or may not be too late to make a legal claim about a birth injury depending on the statute of limitations.
Consulting with your Michigan medical malpractice attorney is the best way to find out where you can go from here, whether you are suing on behalf of your child or whether you are an adult and now want to sue.
Conditions That Can Be Caused by a Birth Injury
As the parent of a child with a severe birth injury, you will find yourself fighting for your child, day after day, financially, emotionally, physically, and mentally. Your family will be affected, your career, your lifestyle. Your child may need ongoing therapy and other forms of medical care. Some children may need around-the-clock care. While there are children who go on to lead normal lives in spite of their condition, some will never be independent adults.
Some of the conditions that can be caused by a birth injury include:
- Cerebral palsy: There are different types of cerebral palsy and they vary from mild to severe, but nearly all types of CP are considered the result of a birth trauma, often caused by pressure to the head or lack of oxygen during birth. This lifelong neurological condition is signified by abnormal reflexes, poor motor function, delayed growth, delayed developmental milestones, and more, but it may not be diagnosed with certainty until the child is a year or two old.
- Developmental delays: Developmental delays and learning disabilities like difficulty with motor skills, language skills, or speech can indicate the presence of a serious affliction, like cerebral palsy or these delays can simply be the child’s way. Before diagnosing a developmental delay, pediatricians typically observe the child over some time so as not to label them unnecessarily and to give them time to catch up. Some developmental delays can be overcome, while others may stunt a child’s growth for life.
- Intellectual disabilities: Unlike developmental delays which may eventually be achieved, a child born with an intellectual disability has had their brain forever changed by a birth injury. They may learn more slowly, be limited in their ability to understand new concepts, or have difficult solving problems or remembering things.
The question is whether your child’s condition or delays were caused by a birth injury, other childhood complication, or genetics. If your child has been diagnosed with cerebral palsy or any other birth injury, schedule a consultation with the birth injury lawyers at Thurswell Law to discuss your situation and get on the road to getting the compensation you deserve. We do not charge any fees unless you collect. Call (248) 354-2222 today.
