Chicago Birth Injury Lawyer

The Chicago birth injury lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers understand the emotional and financial toll that birth injuries can have on families. With their knowledge and experience, our medical malpractice attorneys work tirelessly to hold healthcare providers accountable for their actions or inactions that led to a newborn’s injury.

Understanding Birth Injuries vs Birth Defects

Birth injuries are different from birth defects, which are generally caused by genetic factors or environmental exposures during pregnancy. Typically, it is difficult to seek compensation from a hospital or doctor for a birth defect since the healthcare providers adhered to the standard of care and did not cause the injuries in question.

Birth injuries, however, occur during the labor and delivery process and can result in physical or neurological damage to the baby. Birth injuries occur because the medical professionals involved breached the standard of care and directly caused the injuries.

Examples of Birth Injuries

Some common birth injuries include:

• Cerebral Palsy – a disorder that affects movement and muscle coordination.
• Erb’s Palsy – a condition caused by damage to the nerves in the child’s shoulder, arm, or hand.
• Brachial Plexus Injuries – injuries that affect the network of nerves responsible for controlling movement and sensation in the arms and hands.
• Facial Paralysis – when there is damage to facial nerves during birth, resulting in the baby having difficulty moving their face.
• Brain injuries and Spinal Cord Injuries – severe injuries that can lead to various cognitive or physical disabilities.
• Bone Fractures – fractures in the baby’s clavicle or collarbone due to a difficult delivery.
• Loss of hearing or sight – can occur due to damage to the nerves responsible for hearing or vision during birth.
• Hematomas and bruising – these can happen if the baby is delivered using forceps or vacuum extraction techniques.

These are just some of the many types of common birth injuries that a child can suffer during birth. These injuries may be temporary, requiring medical intervention and therapy, or they could be permanent and lead to lifelong disabilities. They can be caused by medical negligence including the improper use of medical instruments, failure to monitor fetal distress, delayed C-sections, and incorrect administration of medication.

The Causes of Birth Injuries

Birth injuries can occur during any stage of the birthing process, from prenatal care to delivery. Some common causes of birth injuries include:

• Failure to diagnose or treat infections in the mother
• Mismanagement of high-risk pregnancies
• Improper use of forceps or vacuum extractors during delivery causing birth trauma and serious injuries
• Delayed C-sections
• Prolonged labor
• Failure to monitor fetal distress during labor
• Incorrect administration of medication, including epidurals and Pitocin

Holding Healthcare Providers Accountable

Healthcare providers are required to uphold a certain standard of care when treating patients, especially during labor and delivery. When they fail to do so and cause devastating birth injuries, they can be held liable for their actions or inactions. A Chicago birth injury lawyer can help you gather evidence and build a strong case to hold the responsible parties accountable and seek compensation for your child’s injuries.

How to Prove Negligence in Birth Injury Case

Proving medical malpractice and negligence in a birth injury case can be challenging, but with the help of an experienced lawyer, you can build a strong case. Some steps that your lawyer may take to prove negligence include:

• Gathering evidence: This includes medical records, expert witness testimonies, and other documentation related to the birth injury.
• Establishing the standard of care: Your lawyer will need to establish the standard of care that should have been provided by the healthcare professionals involved in your child’s birth.
• Showing a breach of duty: Your lawyer will need to demonstrate how the medical professionals deviated from the standard of care and directly caused your child’s injury.
• Proving causation: Your lawyer must show that there is a direct link between the medical professional’s breach of duty and your child’s injury. This often requires expert medical testimony.
• Calculating damages: Your lawyer will help you determine the full extent of your child’s injuries and seek compensation for all applicable damages, including future expenses.

The Role of Experts in a Birth Injury Case

Birth injury cases often require the testimony of medical experts to prove negligence and establish causation. These experts may include:

• Obstetricians: They can provide insights into standard practices during labor and delivery, as well as potential causes of your child’s birth injury.
• Neonatologists: These specialists focus on the care of newborn infants and can help determine the extent of your child’s injuries and the potential impact on their future development.
• Pediatric neurologists: They can provide expert opinions on the neurological implications of your child’s birth injury.
• And more.

Your lawyer will work closely with these experts to gather evidence, establish causation, and build a strong case to hold the medical professional and other responsible parties accountable. With the help of experienced medical experts and experienced Chicago birth injury attorneys, you can seek justice for your child and secure the compensation they need to thrive despite their injuries via birth injury litigation.

Who Can Be Held Accountable for My Child’s Birth Injuries?

Many birth injuries can be attributed be multiple parties who can be held responsible for the harm caused to both the child and the mother. These parties may include:

• Healthcare professionals: This includes doctors, nurses, and other medical staff involved in your child’s delivery who may not have provided proper medical care.
• Hospitals or healthcare facilities: The hospital or facility where your child was born may also be held liable for the actions of their employees.
• Pharmaceutical companies: If a medication or medical device caused or contributed to your child’s birth injury, the manufacturer may be held responsible.
• And more.

Birth Injury Claims Help Other Families

Your lawyer will thoroughly investigate your birth injury claim to determine all parties who may be liable for your child’s injuries and pursue legal action accordingly. Seeking justice after your child suffered injuries at birth is not just about holding individuals accountable, but also addressing systemic issues and promoting safer medical practices for future families.

How Much Time Do I Have to File a Birth Injury Case?

Under the Illinois statute of limitations, families have a two-year window to initiate an Illinois birth injury lawsuit. (735 ILCS 5/13-212). It’s important to act quickly and discuss your legal options and the possibility of a medical malpractice lawsuit with an experienced birth injury attorney, so you don’t risk losing the ability to pursue justice.

How Long Does a Birth Injury Case Take in Chicago?

The length of a birth injury case can vary depending on the complexity of the case, the willingness of parties to reach a settlement, and other factors. Every case is unique, and it is difficult to provide an exact timeline without knowing all the details. Your lawyer can provide you with a better estimate based on the specific circumstances of your case.

What Types of Compensation Can Be Recovered in a Birth Injury Case?

In a successful birth injury case, you may be able to recover various types of compensation, including:

• Medical expenses: This can include past and future medical costs and medical bills associated with your child’s birth injury.
• Lost wages: If caring for your injured child has caused you to miss work, you may be entitled to compensation for lost wages.
• Pain and suffering: Your child may be experiencing physical and emotional pain as a result of their birth injury, for which you may seek compensation.
• Additional care and support: Depending on the severity of your child’s injuries, they may require ongoing medical treatment or special accommodations. You may be able to recover funds to cover these expenses.

An experienced Chicago birth injury lawyer can help you determine the full extent of your damages and fight for the maximum compensation you and your child deserve.

What Are Some Examples of Birth Injury Recoveries in Illinois?

While every birth injury case is unique, some examples of recent successful recoveries in Illinois include:

• $102 million for newborn who suffered traumatic and permanent brain damage because treaters failed to recognize obvious complications present in the fetal monitoring strips.
• $35 million for newborn who suffered brain damage, cerebral palsy, and quadriplegia from delayed delivery.
• $29.1 million for newborn who suffered severe brain damage after treaters failed to identify and treat an infection.
• $23.1 million for newborn who suffered brain damage and cerebral palsy because a neonatologist was not on site at the hospital.
• $13.3 million for newborn who suffered permanent injuries to arm during delivery.
• $8.25 million for family of newborn who died due to an error in administration of prescription medication.

Take the Next Step and Contact The Kryder Law Group, LLC Accident and Injury Lawyers

If your child has been injured during birth, it is essential to seek legal assistance as soon as possible. The legal team at The Kryder Law Group, LLC Accident and Injury Lawyers is ready to help birth injury victims in Chicago and throughout Illinois seek justice. Our compassionate lawyers will guide you through the legal process and fight tirelessly for the compensation you and your child deserve.

Call for a Free Consultation

Birth injury cases are not just about seeking compensation for your child’s injuries, but also holding responsible parties accountable and promoting safer medical practices. With the help of experienced lawyers and medical experts, you can navigate the legal process and seek justice for your child. Call today to schedule a free consultation and learn more about birth injury lawsuits.