Thousands of infants are delivered daily throughout the United States. Unfortunately, not all of these children undergo safe delivery procedures, resulting in life-long or fatal injuries. Among the multitude of factors contributing to this catastrophic outcome, Medical negligence is often the primary cause. If your child suffers from the repercussions of negligent medical professionals or facilities, our Chicago birth injury lawyer can help.
It takes a single family over nine months to prepare and welcome their newest member. However, it only takes a single wrong medical decision or a minute of negligence to ruin everything. Children and mothers are often the victims of negligent labor and delivery process, and this negligence can entail hefty medical expenses, a lifetime of suffering, or, in the worst case, the death of an infant.
Although money won’t be able to solve everything, recuperating damages can help your family stand back up and relieve some of the burdens resulting from this devastating event. Retaining the legal assistance of a Chicago birth injury attorney is the first step you need to take if you want to pursue a claim.
Conboy Law Firm is a multifaceted personal injury law firm based in Chicago. Our legal expertise in this area of law encompasses more than car accidents or slips and falls. We also specializes in birth injury cases and medical malpractice incidents. Here’s how we can help:
You don’t have to face this challenge alone. Our Chicago birth injury lawyers are more than willing to help you every step of the way. Protect you and your child’s rights by booking your free initial consultation with us.
The CDC reported that roughly 3.6 million children are delivered annually and, according to the National Healthcare Quality Report (AHRQ), one in every 9,700 live births results in some form of birth injury every year. If you do the math, that’s about 37 infants suffering from birth injuries yearly.
Some of the most commonly reported birth injuries nationwide are:
Although some injuries may occur due to inevitable circumstances, the majority of them are preventable. With proper care and attention, pediatric medical providers can minimize the risk of birth traumas or injuries to both the child and the mother.
Delivery and labor lawsuits are legal actions taken by families of infants or mothers who have suffered injuries due to medical negligence during the delivery process. These lawsuits are often challenging to establish because the plaintiff must first prove that the medical professional or facility in question deviated from the professional standard of care.
When dealing with such cases, it’s vital to consider the following key points:
Because these cases are sensitive and intricate, retaining the help of a Chicago injury lawyer specializing in birth injury cases should be your top priority. They can help you understand the legal process and guide you through every step of your case.
Birth defects and birth injuries are not synonymous, and the primary distinction between these two is how they develop. In the following sections, we’ll talk more about what sets these two terms apart.
A birth defect is any form of congenital disability or a developmental abnormality present in a child at birth. Any organ or system in the body might be affected by birth defects. The heart, lungs, intestines, spinal cord, brain, eyes, ears, bones, limbs, fingers, and toes are most commonly affected. Depending on the type of birth defect, more than one organ or an entire organ system may be defective.
Several factors influence the development of congenital disabilities, such as fetal exposure to toxic chemicals, inherited conditions, predisposed genes, or an unknown cause.
In contrast, birth injury refers to any form of harm sustained by the newborn before, during, or after delivery. Unlike birth defects, these injuries are mostly preventable.
Birth injuries are often due to defective birth equipment, poor delivery practices, and improper labor techniques. These injuries often result in permanent damage; in some cases, they might even be fatal.
Some of the most common birth injuries include:
Medical negligence is a general term referring to any form of carelessness or recklessness exhibited by a medical professional while performing their duties. This encompasses errors in judgment and failure to provide adequate care, leading to patient injury or death.
In the context of childbirth, medical negligence might manifest in the form of:
Many factors can contribute to medical negligence. In some cases, it might be due to the doctor’s inexperience or lack of training, and it could also be due to understaffing, overworking, or failing to follow protocol.
Regardless, this is a serious issue with potentially devastating consequences. If you believe your child’s birth injury was caused by medical negligence, you should consider taking legal action against the responsible party.
Many different types of birth injuries can occur, and the severity can range from mild to severe. Some of the most common include:
This list does not cover all birth injuries that might occur, but if your child exhibits these or similar symptoms, it’s worth looking at the possibility of a birth injury. Obtaining a second opinion from a medical professional from a notable institution should be your first step.
The signs and symptoms of birth injuries will depend on the type and severity of the injury sustained by the victim. However, here are some of the tell-tale signs that might indicate the presence of a birth injury:
Observing your child closely for these symptoms is essential, as some birth injuries might not be immediately apparent. If you suspect your child has sustained a birth injury, it’s best to seek professional medical help immediately.
Birth injury victims are entitled to obtain economic and non-economic damages through a personal injury lawsuit. Depending on the facts of your case, you might be able to recover damages for:
Filing a birth injury lawsuit can be a complex and time-consuming process, so having an experienced Chicago personal injury lawyer is crucial. At Conboy Law, we have helped many families obtain the justice and compensation they deserve.
Like other civil lawsuits in Illinois, birth injury claims are subject to a rule known as the statute of limitations. Under this rule, you have a certain period to bring your lawsuit forward. For a medical malpractice claim, you have two years from the date you gain awareness of the negligent action.
Failing to file a medical malpractice lawsuit within the statute of limitations will result in the dismissal of your case. However, the time limit for injured children is different. In Illinois, if the negligent act occurred when a victim was under 18 — as in a birth injury case — then the victim’s party should file the birth injury claim within eight years from the date of the negligent act or before the victim turns 22.
When fighting for your and your child’s rights, experienced representation matters. Conboy Law Firm has the experience necessary to safeguard your rights and assist you in obtaining compensation for your damages and losses.
Our knowledge, expertise, experience, dedication, and compassion allow us to provide our clients with the best outcome. Here’s what you can expect when working with our legal team:
Cerebral palsy is a birth injury occurring when there is damage to the baby’s brain during pregnancy, childbirth, or shortly after birth. In a birth injury case, cerebral palsy is often caused when the baby is deprived of oxygen during delivery.
A birth injury occurs due to the following:
A birth injury attorney will investigate your claim, collect evidence, interview witnesses, and negotiate with insurance companies on your behalf. Employing the assistance of a birth injury attorney is essential to ensure you and your family are fairly compensated for the injuries suffered.
Often, birth injury lawsuits do not always go as expected, and you might end up in trial. A birth injury attorney will help you with every step and ensure you understand your legal options.
There are ways to prevent birth injuries from happening. To avoid birth injuries, a medical provider should do the following:
Essentially, if medical professionals exercise a reasonable degree of care, then they can prevent birth injuries.
Birth injuries occur primarily because of clinical negligence. If you or your child has suffered a birth injury, it is essential to seek legal counsel as soon as possible. The experienced Chicago birth injury attorneys at Conboy Law Firm will zealously advocate on your behalf and help you obtain the compensation you and your family deserve.
Book your free consultation now by calling us at (312)726-9000 or by submitting our online contact form.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!