Birth Injury Lawyer

Bringing up a child who suffers from birth injuries is risky for the child’s health and mentally challenging for the parents. It’s even frustrating if the child faced medical negligence at the time of birth, which caused all the distress. 

Since the child will require regular medical attention, it may lead to financial instability. To make things easier, our Chicago birth injury lawyer can help. We will thoroughly evaluate your child’s medical case and take legal steps to help you recover financially.

Our Birth Injury Lawyer Will Help You Manage The Legal Challenges

The legal process can be complicated and costly when seeking justice for your child’s birth injury. 

Chicago Injury Lawyer has birth injury lawyers who will guide you and help you protect your rights. Here is how we have helped our clients to get fair justice.

1. Investigating 

Let us support you by carrying out a thorough investigation of your case to determine how the birth injury occurred. We will analyze your pregnancy and delivery records to find out any evidence. If needed, we shall also talk to witnesses to find out exactly what is the reason behind your child’s suffering.

2. Expert Opinion

Our birth injury attorney will consult medical professionals for expert opinions at the hospital where you delivered your child. We will find out whether the doctors and nurses failed to provide you with proper care. 

3. Make A Settlement

After we have all the relevant information regarding your case, we will demand an initial settlement from the hospital authority. If they disagree on covering the costs, we may have to file a case. The main goal of our birth injury lawyers is to do all it takes to make sure you get the compensation you are entitled to.

4. Court Trial

If you do not receive fair compensation, our birth injury lawyer in Chicago will take your case to court. We will legally represent you and present a strong case with evidence and witness statements to favor you. After that, the court will decide on the settlement you deserve for the trauma you and your child are suffering.

5. Collect Compensation 

We know that the medical costs are very high when it comes to treating children with birth injuries in Chicago. Hence, we will try our best to collect the compensation you are entitled to to ease your financial burden.

Common Birth Injury Claims That We Handle 

There are many types of birth injuries that individuals suffer from. Some injuries are more critical than others, making it difficult for family members to cope with. If you want to  hire a birth injury lawyer, these are some of the common birth injury claims we deal with:

• Cerebral Palsy 
• Spinal cord injury
• Erb’s Palsy / Brachial Plexus Injury
• Meconium Aspiration Syndrome
• Nerve Injury from forceps

Our skilled birth injury lawyers have the expertise to handle birth injury cases successfully. We have represented many clients and helped them claim the compensation they are entitled to.

Typical Causes Of Birth Injury We Often Notice

We have dealt with many birth injury cases and successfully protected our clients’ rights. Amongst those, some of the common causes of birth injury are:

1. Birth Trauma: During the delivery process, if too much pressure is applied to the baby’s head or body, then there are chances of birth trauma. It can affect the baby’s brain due to a lack of oxygen, which could cause severe brain injuries.

2. Infections: When a normal vaginal delivery (NVD)  takes place, the baby comes in contact with their mother’s birth canal, which could contain viruses. Some infectious viruses could harm the baby’s health as they could affect the baby’s lungs, brain, and spinal cord.

3. Lack Of Proper Prenatal Care: Medical professionals often do not provide proper prenatal care to mothers regarding routine checkups. A pregnant mother must have regular ultrasounds, blood tests ( to check diabetics and hemoglobin levels), and other medical examinations done to prevent any birth injuries to the child.

4. Neglecting Maternal Medical Conditions: Some mothers may have high-risk pregnancies due to severe medical conditions. If the illness is not treated correctly, then it could put the mother and child in danger at the time of birth. Some of the maternal medical conditions that need proper attention include:

• Diabetes 
• Cardiac problems
• High blood pressure
• Anemia
• Urinary tract infections

What Are The Common Types Of Birth Injury?

There are many common types of birth injury that individuals suffer from. Some of these injuries lead to permanent damage to the health of the victims. At the same time, the family members of the victim go through unbearable mental stress. Here are the common types of birth injury in Chicago.

1. Cerebral Palsy (CP)

Cerebral Palsy occurs when the physical symptoms of a child’s brain damage become more apparent. The condition makes it difficult for a child to control their muscles and restricts their ability to move and balance the body.

Cerebral Palsy can be a result of various birth injuries, which could include birth trauma, lack of oxygen, infections such as meningitis, and so on.

Unfortunately, there is no cure for CP. Those who suffer from this illness often experience spine problems, hearing and vision defects, seizures, and other conditions.

2. Hypoxic-Ischemic Encephalopathy (HIE)

A newborn needs enough oxygen and blood flow to survive outside the womb. If the baby does not get sufficient oxygen and blood for an extended period by any chance, there is a possibility of brain damage. The brain injury can negatively impact the deep gray matter or white matter, which may lead to hypoxic-ischemic encephalopathy (HIE) and many other critical diseases. 

3. Brachial Plexus Palsy (Erb’s Palsy)

Brachial plexus palsy makes it difficult for the newborn to stretch its head and neck. The condition is known to occur due to complications during delivery. These are some of the causes why a baby may suffer from brachial plexus palsy: 

• Baby delivered in breech position.
• Bending the baby’s neck and head at the time of delivery
• Improper treatment of  gestational diabetes
• Pulling the baby’s head excessively at the time of delivery

4. Spinal Cord Injuries

A widespread birth injury is spinal cord injury, which happens due to medical malpractice during the process of birth or pregnancy. The injury occurs when doctors deliver the baby aggressively by twisting and turning when trying to pull it out. Another reason can be when the doctor uses forceps and vacuums to apply pressure on the baby’s spinal cord at the time of delivery. Spinal cord injuries lead to permanent damage and require long-term medical care. 

What Are The Effects Of Birth Injury?

We know that birth injuries sadly come with effects that are likely to hurt your child’s mental and physical health. Here are the most common birth injury effects.

• Weak eyesight
• Not enough stamina and strength 
• Long-term medical costs
• Delays in mental and physical development 
• High caretaking expenses 

You can always contact our birth injury lawyer, who will listen to your birth injury case and give you legal support.

The Necessary Steps You Should Take After A Birth Injury

It is shocking and upsetting for parents when they find out their child has a birth injury. Although the situation may take time to sink in, taking a few steps to protect your legal rights is essential. Our birth injury accident lawyers will listen to your case carefully and suggest you take the necessary steps, which we have mentioned below.  

1. Document everything: Keep a record of everything, including the medical records of the mother and newborn child. You should also keep medical prescriptions and proof of the procedures that were carried out, such as medical bills, test reports, and communication records with the insurance company and health care provider. 

2. Look for a new doctor: You should not keep taking your child to the same hospital and doctor responsible for the brain injury. Cut all communications with those medical professionals and look for a new doctor.  

3. Continue your child’s treatment: Give your child the medical treatments that were suggested by your new doctor, as neglecting treatment could have severe effects on your child’s health.

4. Consult a birth injury lawyer: You can contact us for immediate legal assistance. Our birth injury lawyer will investigate your case, advise you, and help you protect your rights. 

What Types Of Damages Can You Expect Compensation For In Birth Injury Cases?

Looking after a child who has to suffer birth injuries due to the negligence of the medical team is frustrating and costly. You can claim different types of compensation, which our experienced birth injury attorney will fight for on your behalf.

There are two types of damages for which you can claim compensation. Economic damages refer to the financial expenses you have faced to deal with the treatment of birth injuries. Non-economic damages refer to the mental pressure you are enduring because of the situation.

The Long-Term Costs Of Birth Injury That Cause Financial Burden 

Birth injuries often mean that the child will need lifelong medical treatment and special care. There are many costs involved in taking care of a child who is diagnosed with injuries, which will put financial pressure on your current and future financial status. 

Book a free consultation with our reliable personal injury attorney to learn about long-term costs. We will evaluate all future medical expenses and prepare the case accordingly so the victim receives realistic compensation.

1. Medical and Healthcare Costs

The long-term medical costs due to birth injury can be stressful and also put you in financial crises. Many costs include surgeries, hospital stays, medical equipment, etc.

2. Modification Of Home

If someone becomes physically disabled as a result of birth injury, then it may be required to make modifications to the person’s home. Things such as modified bathrooms and wheelchair ramps are costly, but they will make it easier for the victim to move around.

3. Loss Of Wages

If your child has been diagnosed with a birth injury, then you may have to consider giving up your job as they will need constant care. Although you can hire a professional caregiver, you will probably not be able to work long hours like you are used to, resulting in a loss of wages.

Another sad fact is that your child will probably not be able to work and earn money because of the birth injury, which may cause depression and other mental insecurities.

4.  Rehabilitation Costs

Children who suffer from birth injuries require speech therapy, physical therapy, and other types of rehab on a long-term basis.  The cost of these treatments can be high, depending on what the child requires.

When Should A Birth Injury Lawsuit Be Filed In Chicago?

A birth injury lawsuit is a form of medical malpractice claim. Under Act 735 ILCS 5/13-212, a medical malpractice lawsuit must be filed within two years from the date the birth injury occurred or was discovered.

The Illinois law mentions that if the birth injury occurred due to negligence when the victim was under 18, then a claim would have to be filed within eight years from the date when the injury occurred. The whole process must be done before your child turns 22.

How to Identify Negligence Of The Medical Team?

Birth injuries caused by medical negligence can make a child disabled for life or even result in death. Either way, the whole situation will be stressful for the parents. Hence, they can contact our Chicago birth injury attorneys for immediate legal assistance.

These are some  medical negligences that occur very regularly:

• Improper treatment of the mother or child
• Unprofessional hospital staff
• Not recommending a C-section before it is too late
• Forcefully pulling out the baby and hurting their arms
• Improper use of delivery tools such as forceps

The Legal Actions You Should Take For Birth Injuries In Chicago

The emotional damage that one must endure due to their child being diagnosed with a birth injury is unthinkable. Our lawyer for birth injuries will give you the most reliable suggestions on the legal actions you can take and support you through the whole legal procedure.  

Here are the legal actions we recommend our clients to consider:

1. Medical Malpractice Lawsuit

A birth injury caused by medical negligence gives families the option to file a medical malpractice lawsuit. However, it must be proved that the medical team could not provide proper care that caused the injury. 

2. Product Liability Claim

If defective medical products, such as medical devices and surgical tools, caused the birth injury, a product liability lawsuit can be filed. Under the act (735 ILCS 5/2–621), you can claim compensation from the manufacturer of the defective products. Our skilled birth injury attorneys will present evidence proving the incident was due to faulty products.

3.  Wrongful Death Lawsuit

There is nothing more upsetting than the pain a mother goes through when she loses her child at birth, especially if the causes of death are abnormal. According to the Illinois Wrongful Death Act, if a child loses their life due to birth injury, the family members of the child can file a wrongful death lawsuit. 

Our Chicago injury lawyers will investigate your case, find proof, and take witness statements to ensure you are well compensated for your loss.

The Documents You Will Needed To Claim Birth Injury Compensation

Birth injury claims in Chicago can be a hassle. You need the proper documents and evidence to support your case legally. To ensure you get compensated fairly, our compassionate personal injury lawyers will organize your papers to protect your legal rights. Here are the documents you will need to build a strong case

1. Birth records: Detailed information about the delivery procedure, including medications and fetal heart rate. Also, add the names of the doctors and nurses present in the labor room.

2. Prenatal care records: Details about the mother’s doctor visits during pregnancy, test results, prescriptions, and all other medical information.

3. Newborn baby’s records: A record of the care given to the newborn straight after delivery. It includes all the vitals, as well as any treatment and medication that was provided. All the details of immediate post-delivery care are required. 

4. Postnatal records: Details of any complications the mother faced during delivery and any treatment the mother needed.

5. Medical bills: A record of all the medical expenses that include hospital bills, doctor visits, and medication costs for your child who suffers from birth injury.

Choosing The Right Birth Injury Lawyer Is Crucial!

A child who is a victim of birth injury has to endure many sufferings. Not only does it affect them mentally and physically, but the parents also have a tough time. 

At times like these, the right lawyer must deal with the legal issues. It would be best if you book a free consultation with the Chicago Injury Lawyer and speak to our birth injury lawyer. 

Here are the reasons why choosing the right birth injury lawyer is essential.

1. Expertise In Law

Our professional birth injury lawyer knows how to investigate thoroughly. They have sufficient knowledge of all the medical procedures involved in the delivery process. Hence, they know the strategies on how to identify medical negligence. 

2. Claiming The Maximum Compensation

Birth injuries lead to lifelong costs, which could be problematic for everyone to afford. Hiring the right lawyer means they will calculate the compensation you deserve by including all the costs, such as medical bills, therapy, and others.

3. Emotional Support 

Birth injuries are very upsetting for families, which they may find challenging to overcome. That’s why choosing the right injury lawyer is necessary, as they will give you legal and emotional support.

4.  Proven Track Record 

Spending money on an inexperienced lawyer will waste your time and money as the chances of you getting fair compensation will be low. Hence, you should hire our Chicago birth injury lawyer. We have a good reputation for winning cases. 

Book A Free Consultation!

Contact Chicago Injury Lawyer today and let our birth injury lawyer legally assist you. We will investigate thoroughly and take all the legal actions required for you to receive fair compensation for your birth injury case.

Frequently Asked Questions