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What Compensation Can I Collect in a Birth Injury Claim?
When a birth injury changes the course of your child's life, the emotional and financial burden can be overwhelming. In many cases, these injuries could have been prevented with proper medical care. If medical negligence played a role in your child’s birth injury, you may be able to pursue compensation through a birth injury claim. However, these cases can be challenging. Making a mistake can be costly. The assistance of a competent lawyer is invaluable.
Our compassionate Chicago, IL birth injuries attorneys understand how these injuries can affect your child’s and your family’s long-term well-being. We will pursue maximum compensation that addresses all your damages and holds the at-fault medical providers accountable.
What Are Common Birth Injuries, and What Special Care Might Be Needed?
Medical negligence is the failure to provide the same level of care that another healthcare professional with similar qualifications would provide in the same situation. Some of the most common birth injuries that can result from medical negligence include cerebral palsy, brachial plexus injuries, brain damage, and skull or spinal trauma. Common causes include:
If My OB Did Not Perform a Necessary C-Section, Can I Sue?
When a vaginal birth would be too risky for the mother or child, a C-section delivery may be necessary. In 2023, 32.3 percent of babies born in the U.S. were delivered by C-section. While C-sections can save lives, the timing of the procedure is important. If an obstetrician delays or fails to perform a necessary C-section, the consequences can be devastating. In some cases, this failure may be considered a form of medical malpractice.
Doctors are expected to monitor labor carefully and recognize signs that a C-section is the safest option. If warning signs are present and no action is taken or the action is delayed, that failure could indicate medical negligence, which may give you grounds for a claim for compensation. Our knowledgeable Cook County, IL maternal injuries lawyers can provide invaluable assistance.
Can I Sue If My Baby’s Preterm Birth Led to Birth Injuries?
It takes 40 weeks of pregnancy for a human baby to fully develop. A birth occurring before 37 weeks is considered premature. Babies born too early are likely to suffer various birth injuries that can lead to lifelong serious conditions. Some preterm births happen spontaneously with no clear cause. Sadly, others can happen due to medical negligence.
If negligent medical care contributed to your child’s premature birth and he or she has birth injuries as a result, you could be entitled to compensation. This type of case can be extremely complex, but our knowledgeable Cook County, IL birth injuries attorneys can handle yours skillfully.
What Is Medical Negligence?
When a doctor, nurse, or other healthcare provider fails to meet the standard of care expected in their profession, that is medical negligence. If that failure causes harm to a patient, it may be considered malpractice. Subpar medical care can sometimes lead to premature birth. In turn, that early birth can directly harm the newborn.
Does a Low Apgar Score Indicate a Birth Injury?
Many people are aware that an Apgar score is an assessment of a baby’s condition shortly after birth, but they may not understand what this method entails or exactly what an Apgar score means. Created by Dr. Virginia Apgar in 1952, the Apgar assessment is performed at one minute and five minutes after a child is born. Although this test does not diagnose specific issues, it can tell medical providers that a baby needs immediate attention.
Receiving the prompt and correct treatment can reduce the adverse effects of some birth injuries. If your doctor or midwife ignored low Apgar scores and your baby suffered harm, our dedicated Cook County, IL birth injuries lawyers can help you hold the negligent party accountable.
What Are Apgar Scores?
Midwives, nurses, and doctors evaluate five functions using the Apgar test, with each function receiving a score of zero, one, or two. Appearance refers to skin color, which can range from pale blue to healthy pink. Pulse is the number of heartbeats per minute. Grimace is a response to a stimulus. Activity refers to muscle movement, and respiration assesses breathing and crying.
Can I Sue If My OBGYN Chose the Wrong Delivery Option?
Today’s pregnant women have many more options to deliver their babies than mothers even 100 years ago. You can often plan your infant’s delivery date well ahead of time instead of waiting for labor to begin naturally. Some tools can be used to assist delivery, and C-section births are also common.
Each delivery option has potential advantages and disadvantages. Your obstetrician should be aware of the pros and cons, as well as the associated risk factors. You should be fully informed because maternal and birth injuries are possible if the wrong method is used. If you or your newborn suffered harm because your healthcare provider chose or allowed the wrong method, our dedicated Chicago, IL birth injuries attorneys can fight to help you secure the compensation you deserve.
What Delivery Options Are Available?
Historically, many women and babies were harmed or died during childbirth. Using today’s delivery options, those same injuries and deaths may have been prevented. Modern delivery methods include:
Did Medical Negligence Cause My Baby’s Stroke?
May is National Stroke Awareness Month. Many people think that only older people experience strokes. However, even a fetus still in its mother’s womb can have a stroke. Perinatal strokes are those that occur during gestation or up to 28 days after birth. It is estimated that approximately 2,500 U.S. children suffer a perinatal stroke each year. This figure may be low, as perinatal strokes may go undiagnosed.
Damage to a baby’s brain from a stroke can have lifelong, severe effects. When medical negligence contributes to this form of birth injury, parents may be able to obtain compensation. These cases are challenging, but our skilled Chicago, IL birth injuries attorneys are highly effective advocates.
What Can Cause a Fetal or Neonatal Stroke?
Fetal strokes happen in the womb during pregnancy, while neonatal strokes occur in the infant’s first 28 days after birth. Several risk factors increase the likelihood of these strokes. Placental problems, such as placental abruption and placenta previa, can lead to the fetus not getting enough oxygen. Birth asphyxia also limits oxygen flow to the baby’s brain.
Can Undiagnosed or Untreated Maternal Anemia Harm Babies?
The human body needs sufficient iron to produce hemoglobin, which carries oxygen throughout the body through red blood cells. Anemia is a serious condition where the number of hemoglobin or red blood cells is too low. A fetus needs iron to develop properly, and expectant mothers need enough iron to support their own bodies as well as the fetus.
Anemia is a common complication during pregnancy, even if the mother was not anemic before becoming pregnant. In fact, around one-third of pregnant women in the U.S. are affected by anemia. Doctors should know this and be prepared to take appropriate actions to ensure the health of both the mother and child. Failure to do so is medical negligence, and it could cause maternal and birth injuries with far-reaching consequences. If untreated or undiagnosed maternal anemia affected you or your child, our experienced Cook County, IL birth injuries attorneys can help you secure the compensation you deserve.
How Do I Know If My Baby Has Birth Injuries?
Sometimes, doctors can spot birth injuries right after a baby is born. However, some do not reveal themselves immediately. It may take months or years for some symptoms to appear. By that time, you may not associate your child’s issues with a birth injury. Cerebral palsy and brachial plexus injuries are among the most common birth injuries, and it is important for parents to know the signs to watch for.
If you do not discover your child’s birth injuries for years, you may wonder if you can still file a medical malpractice claim seeking compensation. In most instances, you can. The best way to verify your eligibility is to call our office to speak with one of our knowledgeable Chicago, IL birth injuries lawyers.
How Do Doctors Test for Birth Injuries When a Baby Is Born?
Physicians may use a variety of tests to check a baby’s condition soon after delivery. The Apgar test evaluates breathing, skin color, reflexes, pulse, and muscle tone. A score of 7-10 is considered normal. The Apgar test is usually performed at one minute and five minutes after the baby is born. This fast evaluation can indicate if there are issues with the newborn’s health.
What Long-Term Effects Can Maternal Birth Injuries Cause?
When most people hear the term "birth injuries," they think about harm caused to the newborn. While many cases do involve birth injuries like cerebral palsy, meconium aspiration, and shoulder dystocia, mothers can also sustain injuries during childbirth.
Some of these maternal wounds heal over time, but others can have disastrous long-term consequences. Not all maternal injuries are preventable. However, if your injury was caused by medical negligence, our knowledgeable Chicago maternal injuries attorneys will fight to secure maximum compensation on your behalf.
What Are Some of the Most Common Maternal Injuries?
Mothers can experience both physical and psychological injuries that stem from labor and delivery. Vaginal and perineal tears are common, particularly for first-time mothers. Some tears are minor, but deeper ones can affect muscles and other surrounding tissues. These tears typically result from the baby’s head being too large or the mother’s vaginal walls not stretching enough. An episiotomy is a surgical incision that addresses these issues and typically does not cause severe or lasting damage, but even an improperly performed episiotomy can cause complications. Surgery may be necessary to repair these tears.
Are Congenital Disorders the Same as Birth Injuries?
Sadly, not every child is born healthy. Some conditions result from developmental abnormalities, but others are caused by a medical provider’s negligence. Either situation is tragic, but a medical malpractice claim could provide you with compensation in birth injury cases. Understanding the difference is important, and our knowledgeable Chicago birth injuries attorneys are happy to answer your questions during a free and confidential consultation.
What Is the Difference Between Birth Injuries and Birth Conditions?
Congenital anomalies often develop in the first trimester of a pregnancy. Some of these birth conditions are caused by genetics and external factors, while others have no apparent cause. External factors likely to cause birth abnormalities include smoking, drug or alcohol use, and some maternal conditions. Common congenital disorders include cleft palate or lip, Down syndrome, ear and eye defects, muscular dystrophy, and heart and neural tube defects.
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