Illinois Birth Injuries Attorney
Medical practitioners have a duty to provide a high standard of care to their patients. Unfortunately, there are times when these professionals make mistakes that end up causing serious harm to those in their care, including infants.
Our experienced Illinois birth injury attorneys at Hess Injury Law can help you understand your legal rights and options. We will thoroughly investigate the circumstances of your case and work to build a strong claim on your behalf.
Contact us today to schedule a free consultation with an Illinois birth injury lawyer.
What Are Birth Injuries?
A birth injury is any type of injury that occurs to a baby during the birthing process. These injuries can be caused by medical negligence or errors made by the delivery team.
Some common types of birth injuries include:
- Cerebral palsy: A neurological disorder that can cause problems with muscle coordination and movement
- Erb's palsy: A paralysis of the arm caused by damage to the nerves in the shoulder
- Shoulder dystocia: A condition in which the baby's head is delivered, but the shoulders get stuck, causing damage to the brachial plexus nerves
- Fractured bones: Broken bones can occur when the baby is forced through a small birth canal
- Brain damage: Lack of oxygen to the brain during delivery can cause serious and permanent brain damage
- Spinal cord injuries: Injuries to the spinal cord can result in paralysis
These are just a few examples of injuries that can occur during birth. If your child has suffered any type of injury due to the negligence of a medical professional, you may be able to file a birth injury lawsuit.
What Causes Birth Injuries?
Many different factors can contribute to a birth injury. Sometimes, the baby may be too large to fit through the mother’s pelvis. This can cause the baby to become stuck in the birth canal, leading to serious injuries.
In other cases, the baby may be in a breech position (bottom first), making delivery more difficult and dangerous. The baby can suffer serious injuries if the delivery team does not handle the situation correctly.
Another common cause of birth injuries is failure to monitor the baby’s heart rate during labor. If the baby’s heart rate drops, it can be a sign that the baby is not getting enough oxygen. If this condition is not treated promptly, it can lead to serious brain damage.
Finally, birth injuries can also be caused by the use of excessive force during delivery. This can happen when the delivery team uses too much force to pull the baby out or when they use instruments such as vacuum extractors or forceps.
Signs of a Birth Injury
Some birth injuries are immediately apparent, while others may not be diagnosed until later in the child’s life.
If your child has any of the following symptoms, it may be an indication of a birth injury:
- Excessive crying
- Difficulty feeding
- Problems breathing
- Persistent headaches or seizures
- Paralysis or weakness in the limbs
- Other neurological problems
If you notice any of these symptoms in your child, it is important to seek medical attention right away. In some cases, early intervention can make a big difference in the child’s prognosis.
Diagnosing a Birth Injury
Many different tests can be used to diagnose a birth injury. These tests can be used to assess the child’s neurological functioning, muscle strength, and range of motion.
In some cases, imaging tests such as MRI or CT scans may also be ordered. These tests can help identify any brain or spinal cord damage.
Treating a Birth Injury
The treatment for a birth injury will vary depending on the type and severity of the injury. In some cases, physical therapy or occupational therapy may be recommended to help the child learn how to compensate for their injuries.
In other cases, surgery may be necessary to correct the damage. In some cases, the child may require lifelong care.
What Is the Standard of Care for Birth Injuries?
The standard of care is the level of care that a reasonable and prudent medical professional would provide under similar circumstances. This means that if a doctor or other healthcare provider deviates from the standard of care, they can be held liable for any resulting injuries.
To prove that a medical professional was negligent, you will need to show that they breached the standard of care and that this breach resulted in your child’s injuries. An experienced birth injury attorney can help you gather the evidence you need to prove negligence.
What Are the Damages Available in a Birth Injury Lawsuit?
If you are successful in your birth injury lawsuit, you may be awarded damages.
These can include both economic and non-economic damages, such as:
- Medical expenses: Enough to cover all past and future medical bills related to your child’s injuries, including hospitalization, surgeries, therapies, and more
- Pain and suffering: Compensation for the physical pain and emotional suffering that your child has endured
- Loss of enjoyment of life: Compensation for the ways in which your child’s injuries have diminished their quality of life
- Loss of earnings: If your child’s injuries have prevented you or them from working or earning an income, you may be able to recover compensation for this loss
- Punitive damages: In some cases, punitive damages may be available. These are designed to punish the negligent party and deter future misconduct.
When to Contact a Birth Injury Attorney
If you believe that your child has suffered a birth injury, it is important to contact an experienced attorney as soon as possible. There are strict deadlines for filing a birth injury lawsuit, so it is important to act quickly.
An experienced attorney will be able to:
- Investigate your child’s injuries
- Gather evidence to support your claim
- Determine who is liable for your child’s injuries
- Help you pursue the compensation you deserve
- Fight for your rights throughout the legal process
Don’t wait to get help. Contact an experienced birth injury attorney today to learn more about your legal options.
The Insurance Company Is Offering a Settlement. Should I Accept It?
If the insurance company offers you a settlement, it is important to speak with an attorney before making a decision. The insurance company aims to settle your claim for as little as possible. An experienced attorney will fight for the full compensation you deserve.
Do not sign anything or agree to any settlement without first speaking with an attorney. Once you sign a release, you may be unable to recover further compensation for your child’s injuries.
Appealing a Denied Claim
If your birth injury claim has been denied, you have the right to appeal the decision. An experienced attorney can help you navigate the appeals process and fight for the compensation you deserve.
Remember, you only have a limited amount of time to file an appeal, so it is important to act quickly. An attorney can help ensure that your appeal is filed on time and that you have the best chance of success.
Get Help from an Experienced Birth Injury Attorney
Here at Hess Injury Law, we have helped numerous families recover the compensation they need to cover their child’s medical expenses and other damages. We know how difficult this time can be, and we will fight tirelessly to get you the justice you deserve.
Contact us today to schedule a free consultation with one of our experienced birth injury attorneys.
Frequently Asked Questions about Illinois Birth Injury Claims
In Illinois, the statute of limitations for filing a birth injury claim is eight years from the date of the injury. This means that you have 8 years from the date of your child’s birth injury to file a lawsuit. You will likely be barred from recovery if you do not file within this time frame.
- Medical expenses
- Physical pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
- Wrongful death
If your child’s birth injury was caused by a medical error, you might have a medical malpractice claim.
A birth injury is any type of injury that occurs during the birthing process. This can include injuries to the mother or child, such as cerebral palsy, Erb’s palsy, shoulder dystocia, and more.
To prove that your child’s birth injury was caused by medical negligence, you will need to show that the healthcare provider deviated from the standard of care and that this deviation resulted in your child’s injury. This can be difficult to do without the help of an experienced attorney.
At Hess Injury Law, we work on a contingency fee basis, which means that you will not owe us anything unless we recover compensation for you. This allows us to represent families of injured children regardless of their financial situation.
The length of a birth injury lawsuit will depend on the specific facts of your case. Some cases may be resolved within a few months, while others may take several years to resolve.
While you are not required to have an attorney for your birth injury claim, it is important to understand that these cases can be complex. An experienced attorney can help you navigate the legal process and maximize your chances of recovery.
If your child was injured during the birthing process, you may be able to sue the hospital for medical negligence. To do this, you will need to show that the hospital deviated from the standard of care and that this deviation resulted in your child’s injury. This can be difficult to do without the help of an experienced attorney.
The liable party in a birth injury case will depend on the specific facts of your case. In some cases, the hospital or healthcare provider may be held liable. In other cases, a defective medical device manufacturer may be held liable. An experienced attorney can help you understand who may be responsible for your child’s injuries.