The birth of a child should be a cause for celebration and joy. However, sometimes babies are born with severe defects or are injured while being born. Some may suffer minor injuries like bruising, but other babies are catastrophically harmed and will need lifelong medical care or caregivers. While some birth defects are unavoidable, other birth defects may be caused by medications taken by the mother during pregnancy. Our Chicago birth injury lawyers know that they also are often the result of negligence or carelessness by a health care professional. The medical malpractice lawyers at Moll Law Group can help parents nationwide take legal action to pursue compensation for injuries caused at birth, including brachial plexus injuries, Erb’s palsy, Klumpke’s paralysis, cerebral palsy, delivery and labor complications, developmental delay, encephalopathy, facial palsy, and forceps injuries. Other types of harm that may result from negligence during this process include fractures, Group B Streptococcus (GBS), intrauterine growth retardation (IUGR), meconium aspiration syndrome, post-term pregnancy, prenatal injuries, pre-term birth, prematurity, and Rh-ABO incompatibility.
While birth injuries are relatively rare, some of the more common examples can include nerve damage, soft tissue injuries, cerebral palsy, intracranial hemorrhage, and perinatal asphyxia. Sometimes they occur not during the birthing process, but because a doctor fails to diagnose a risk factor that requires special medical care like gestational diabetes or preeclampsia. For example, if a mother has gestational diabetes, she is supposed to receive nutritional counseling, and it may be appropriate to schedule a C-section or induce labor. If a baby has grown too large due to unmonitored gestational diabetes, it may be difficult to deliver vaginally, resulting in injuries or the improper use of forceps to get the baby out.
When careless or intentional acts cause harm to a baby during the birthing process, they may form the basis of a medical malpractice lawsuit. In some cases, the mother is also hurt. As with other medical malpractice lawsuits, in a birth injury case you will need to prove that the harm was caused by the doctor’s breach of the standard of care. This will be determined by what other professionals in the same specialty would have done under the same circumstances with a similar patient. The standard of care can vary dramatically in connection with the birth of a baby, depending on the age of the mother and any health conditions she may have. A birth injury lawyer in Chicago can help explain the standard of care in your situation.
In many cases, the defendant will try to show that another factor, not a breach of care, caused the birth injury. These cases can often come down to a battle of experts. In Illinois, plaintiffs must file an expert report and affidavit shortly after filing a lawsuit to show that there is a reasonable and meritorious basis for it.
If your child has suffered a birth injury, you can bring a lawsuit for compensatory damages. Types of damages that may be sought often include past and future medical expenses, rehabilitation and special care for developmental needs, and pain and suffering for the baby's ongoing disabilities. Damages may also be pursued for loss of a normal life, loss of future earnings, disability, and disfigurement. The parents additionally may have their own claim for pain and suffering experienced due to a baby's birth injury.
The injury attorneys at Moll Law Group provide diligent representation for families in the Chicago area and elsewhere in Illinois who suffer from medical malpractice. Billions of dollars have been recovered in cases in which we have been involved. In addition to providing vigorous legal representation to our clients, we use information gathered from our experts to provide consumer education. Our attorneys also represent residents of Naperville, Schaumburg, Wheaton, and communities throughout Cook County. Call us at 312-462-1700 or contact us online to set up a free consultation with a Chicago birth injury attorney.