Each Chicago birth injury lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers understands the emotional and financial toll that birth injuries can have on families. With decades of experience with clients whose children suffered birth injuries, our medical malpractice attorneys work tirelessly to hold healthcare providers accountable for their actions or inactions that led to a newborn’s injury.
What Is the Difference Between a Birth Injury vs a Birth Defect?
Birth injuries differ from birth defects, which are usually due to genetic or environmental factors during pregnancy. Birth defects typically don’t warrant compensation since standard care protocols were followed. In contrast, birth injuries occur during the labor and delivery process due to medical negligence, leading to physical or neurological harm to the baby.
Examples of Birth Injuries
Some types of birth injuries include:
- Cerebral Palsy – affecting movement and muscle coordination.
- Erb’s Palsy – caused by damage to the nerves in the child’s shoulder, arm, or hand.
- Brachial Plexus Injury – affect the network of nerves responsible for controlling movement and sensation in the arms and hands.
- Facial Paralysis – damage to facial nerves during birth, resulting in partial or total paralysis of the face.
- Brain injuries and Spinal Cord Injuries (SCIs) – can lead to various cognitive or physical disabilities.
- Bone Fractures – due to a difficult delivery.
- Loss of hearing or sight – due to damage to nerves during birth.
- Hematomas and bruising – if the baby is delivered using forceps or vacuum extraction techniques.
Who Can Be Held Accountable for My Child’s Birth Injuries?
Multiple parties may be held responsible for the harm caused to both the child and the mother:
- Healthcare professionals: This includes doctors, nurses, and other medical staff
- Hospitals or healthcare facilities: The hospital or facility where your child was treated
- Pharmaceutical companies: If a medication or medical device caused or contributed to your child’s birth injury
Birth Injury Claims Help Other Families
Your lawyer will thoroughly investigate your birth injury claim to determine liability. Seeking justice after your child suffered injuries at birth is not just about holding individuals accountable, but also about addressing systemic issues and promoting safer medical practices for families.
What Causes 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
How to Prove Negligence in Birth Injury Cases
Proving medical malpractice and negligence in a birth injury case can be challenging. Some steps that your Chicago birth injury attorney will take:
- 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.
- 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
Chicago birth injury lawyers may call on medical experts including:
- 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.
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 via birth injury litigation.
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).
What Types of Compensation Can Be Recovered in a Birth Injury Case?
Compensation for common birth injuries caused by medical professionals can include:
- Medical expenses including past and future medical bills.
- Lost wages if you missed work to care for your child.
- Pain and suffering if your child experiences physical and emotional pain.
- Additional care and support when your child requires ongoing medical treatment or special accommodations.
What Are Some Examples of Birth Injury Recoveries in Illinois?
While every birth injury case is unique, some examples of 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.
Contact The Kryder Law Group, LLC Accident and Injury Lawyers
If your child has suffered a birth injury, seek legal assistance as soon as possible. Our 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 work tirelessly for the compensation you and your child deserve.
Call for a Free Consultation
Our law firm offers no-obligation meetings for potential clients with experienced birth injury attorneys who evaluate their cases, explain legal options including birth injury lawsuits, and answer their questions.
(312) 223-1700