Chicago Birth Injury Lawyer
Was Your Child Injured During Birth?
Birth injuries occur in hospitals every twenty minutes across the United States. These injuries can be catastrophic, and they often have a permanent impact on the victim’s life. Many of these injuries could have been prevented if the doctor had provided proper medical care to the mother and the fetus during the labor and delivery process. If your child suffered injuries during your pregnancy, the delivery, or shortly after birth, Chicago birth injury lawyer Kurt D. Lloyd can help you recover compensation by filing a medical malpractice claim or lawsuit.
We welcome the opportunity to evaluate your birth injury case. Contact the Chicago birth injury lawyers at Lloyd Law Group. Call (312) 519-2777 to get started.
Table of Contents
How to File a Birth Injury Claim in Chicago
If a mother or child sustained injuries during birth, and they were caused by a negligent doctor or other healthcare provider, a claim may be filed to enable the victim to recover compensation. Before taking legal action, it must be determined that the birth injury was caused by preventable medical errors that were caused by the actions or inaction of the treating medical professionals. Then, sufficient proof must be gathered and presented during a lawsuit.
Determine if an Injury Could Have Been Avoided
Some injuries that occur during labor are normal and may not be avoidable. If a birth injury is due to the lack of proper treatment by a doctor or another medical professional, however, the negligent healthcare provider can he held liable for medical malpractice.
Calculate Expenses Due to the Injury
Your birth injury attorney will add up all the direct costs related to the treatment of the injury. This can include lost wages for parents missing work, medical bills, future medical expenses, the cost of medications and special medical equipment, and the costs of a caregiver.
Gather Evidence
Your birth injury lawyer will also need to gather evidence that will prove that the birth injuries were caused by the negligence of the doctor or other medical professionals. This might include medical records, the testimony of medical experts, and the physician’s history of previous birth injury lawsuits.
When you hire the Chicago birth injury attorneys at Lloyd Law Group, our legal team will help you file a birth injury claim.
How Much Can You Receive in a Birth Injury Lawsuit?
If the mother or child suffered injuries before, during, or after the birth due to the carelessness of their doctor, birth injury victims can file a lawsuit to recover fair compensation. To recover the expenses that occurred due to birth injuries, however, negligence will have to proven. To prove negligence in a medical malpractice case and be awarded damages, your birth injury lawyer must:
- Provide proof that the doctor owed a duty of care to the patient.
- Prove that the care that was received was not up to the standard that would be expected.
- Show that this violation of the standard of care caused an injury.
- Prove that the injury has had damaging consequences of health.
Once evidence has been provided that establishes that the injuries were a result of medical negligence, damages can be determined. Damages are not limited to direct expenses incurred during the birthing process but are made up of a few factors.
What Are Economic Damages?
Economic damages are direct expenses related to an injury. In birth injury cases, this may include immediate treatments and long term solutions, such as:
- Surgeries or hospital visits, including follow-ups.
- Medications that have been prescribed.
- Medical tests that have been ordered.
- Devices that have to be used for long term disabilities.
Any expense that is caused by the injury should be taken into consideration when looking at economic damages. This includes situations when a caretaker must be hired to provide assistance for long term disabilities or care.
What Are Non-Economic Damages?
Non-economic damages are not as easy to calculate because they are not linked to a monetary loss. Some examples are:
- Pain and suffering
- Trauma or mental distress
- The decrease in quality of life
- Sustaining permanent disabilities
Since these are not direct expenses, non-economic damages are usually calculated from the total value of economic damages that has been determined. In cases involving the wrongful death of an infant during birth, parents may be able to recover damages.
Contact Chicago birth injury lawyer Kurt D. Lloyd at (312) 519-2777
to find out how much your birth injury claim is worth. Free consultation.
What Are the Most Common Types of Birth Injuries Seen by Chicago Birth Injury Lawyers?
The longer that labor goes on, the higher the risk of physical injuries for the mother and the child. Some of these injuries can be catastrophic , and can cause delays in development as the child gets older. Not all injuries will be apparent right after birth, but may be discovered as the child develops. Experienced birth injury attorneys often represent claims involving the following injuries:
Physical Disability
The most common motor disability that happens to babies during childbirth is cerebral palsy. CP is caused by damage to the child’s brain, and the disorder affects the child’s ability to control his or her muscles. In 85% – 90% of cases, cerebral palsy is congenital, occurring before or during birth.
Mental Development
Lack of oxygen can lead to developmental delays and affect cognitive ability. In some serious cases, this can also lead to below average intelligence, not allowing for the injured child to develop at the same pace as unaffected children.
Facial Paralysis
Facial nerves can suffer damage if there is too much pressure on the infant’s face during delivery. Facial paralysis is most often caused when forceps or vacuum extraction is used to help the baby exit the birth canal. Babies with facial paralysis may not be able to move one side of their face, even enough to open or close an eye.
Uterine Rupture
In some cases, the uterus may rupture during labor, or collapse in on itself until it is considered inside out. This condition is more common in women who attempt a vaginal delivery after having a cesarean. This condition is life-threatening, and must be treated immediately.
Testimonials
Attorney Kurt Lloyd helped my son Emilio win a great settlement. Emilio was born with shoulder dystocia and suffered a brachial plexus injury. Erb’s Palsy. Mr. Lloyd took my son’s case and stuck with it when many doctors said there was not any malpractice. He won Emilio over a 1 million dollars. I would hire him again.
~ Beronica Garcia
How Do I Prove That a Doctor Caused a Birth Injury Due to Negligence?
Medical negligence occurs when a doctor or another medical provider owes a duty of care to his or her patient, he or she fails to provide the expected standard of care, and the patient suffers injuries. This can mean a failure to diagnose , monitor, or perform testing that could prevent injuries or harm. This can also include failing to identify signs of fatal blood clots , high blood pressure, fetal distress, or gestational diabetes. Negligence would also include failing in any other way to provide the standard treatment for the patient, causing an injury.
What Is the Duty of Care Owed by a Doctor?
Legal duty of care begins when a medical provider agrees to treat a patient, provide medical advice, or deliver healthcare services. For a birth injury case, the duty of care may be established when the physician or midwife begins providing prenatal care, or when healthcare professionals provide medical care during the labor and delivery process.
Did the Treatment Received During Labor Cause an Injury?
If the doctor fails to keep track of risk factors during labor, it can cause more serious, long term injuries. For example, knowing the size and placement of the baby during labor will help the physician determine a labor plan. If labor is prolonged due to the turning of the baby or the vagina not stretching as it should, and the doctor does not provide the proper medical care to minimize complications, this can lead to injuries for both the child and the mother.
Did the Doctor Follow Standard Procedure?
If the doctor failed to provide the same care that another doctor with similar qualifications would have provided in the same situation, then this is negligence. This is especially true when a doctor causes injuries that could have been avoided if the correct treatment plan had been implemented. Chicago birth injury attorneys will consult with medical experts to help determine whether standard procedures were followed during the prenatal, labor, and delivery phases of your pregnancy.
What Proof Can Be Used to Demonstrate Negligence?
To help prove negligence, the medical records for the mother and child should be considered. Testimony from a medical expert and other witnesses can also be used to show what treatment should have occurred during labor versus what actually took place.
How Long Should a Child be Monitored for Birth Injuries?
Not all birth injury complications are apparent right after the baby has been born. Developmental issues, both mental and physical, can become evident at later stages during the child’s youth. Associated conditions, like autism or epilepsy, may also develop months or years after a child suffered a birth injury. Because latent birth injuries are more difficult to detect and trace, monitoring your child as he or she completes the milestones of development, and consulting with a doctor if something doesn’t seem right, is the advice many birth injury lawyers recommend.
Frequently Asked Questions About Birth Injuries
How long do I have to file a birth injury claim in Chicago?
Parents have eight years from the date the child’s birth injury occurred to file a medical malpractice lawsuit against a negligent healthcare professional or medical provider. This is referred to as the statute of limitations. If the birth injury caused a lasting disability, the time limit for your Illinois birth injury lawsuit will extend until the child turns twenty-two. If the birth injury causes a physical or mental disability, the clock does not start to run until the disability is removed. If the child is mentally incapacitated, the statute of limitations does not apply unless the disability is corrected.
What are the most common causes of birth injuries?
The most common causes of birth injury are physical trauma, oxygen deprivation, and infection. The abnormal size of a baby, prematurity, how long the labor lasts, the position of the baby, and maternal health and obesity increase the risk of serious injuries during birth. Doctor fatigue, understaffed facilities, and a failure to properly train staff often lead to injuries during birth and labor.
What are the most commonly occurring birth injuries?
The most common birth injuries for the child include a range of palsies, like cerebral palsy and Erb’s palsy, that affect physical abilities relating to nerves around the spinal cord. For the mother, the most common injuries include damage to the vagina or uterus.
