Bringing a new life into the world is an incredible moment filled with joy and anticipation. But sometimes, the process of childbirth can lead to unexpected challenges, like a birth injury. One of the most common birth injuries is Erb's Palsy, which can be distressing for both parents and newborns. About 12,000 babies are born with this birth injury and if your child is one of them, you need an Illinois birth injury attorney who can help you get the financial compensation you need.

What is Erb’s Palsy?

Erb's Palsy, also known as brachial plexus birth palsy, is nerve injury to a baby’s shoulder and arm, often because of excessive force during delivery. Medications such as oxytocin or an epidural during labor are also contributing factors.

What Legal Options Do I Have as a Result of My Child’s Birth Injury?

Having to put your newborn through invasive surgeries to repair damaged nerves and muscles because of someone’s negligence, is unacceptable. Erb’s palsy is a common example of a birth injury that may result from medical malpractice. We know this can be an emotionally and financially challenging time for families. Fortunately, there are legal avenues under Illinois law, available to pursue compensation for medical malpractice if it played a role in your child's birth injury. This compensation can help cover the cost of medical bills, therapies, and other necessary treatments to ensure your child's well-being. 

The arrival of a newborn brings immense happiness and optimism. It is difficult to fathom that one of the primary reasons for sickness and mortality in newborns is their initial struggle to breathe upon entering the world. This health issue arises when the baby's first stool, known as meconium, enters the amniotic fluid during labor and delivery. Regrettably, meconium aspiration birth injuries affect about five to ten percent of all births. You need an Illinois birth injury attorney who can help you and your family seek the compensation that you deserve.

How Could My Newborn Have Been Injured During Delivery?

Meconium is the initial fecal matter discharged by a newborn shortly after birth before they start feeding. Occasionally, a baby expels meconium while still in the womb. When the baby inhales this fluid into their lungs, it can be very difficult to breathe and lead to a condition called meconium aspiration syndrome or MAS. This meconium can obstruct the infant's air passages due to inflammation and swelling of the baby's lungs.

What Are Doctors and Staff Supposed to Do?

 Healthcare professionals should have the proper training to detect the presence of meconium aspiration and they should know how to react quickly. Medical professionals need to closely monitor a baby's vital signs during labor and delivery and take appropriate steps to prevent or address any signs of fetal distress. Failing to do so could be seen as medical negligence.

In some cases involving childbirth, there may be a medical need to induce labor to ensure the safe delivery of the baby. In cases where labor is not progressing as expected, doctors may resort to using a medication called Pitocin. Unfortunately, the wrong dosage of Pitocin could potentially be harmful to the mother or the baby. If you believe that your child has suffered a birth injury linked to the use of Pitocin, you need the help of an Illinois birth injury attorney who can help you make sure that those responsible for your baby’s injuries are held accountable.

What is Pitocin?

Pitocin is a drug that is given to some women to induce labor. Because it is given through an IV continuously, contractions are closer together and stronger. Doctors should give the medication correctly and then monitor the mother’s and the baby’s heart rate. If there are any signs of distress the medication should be adjusted or a C-section may be needed to prevent injury to the baby.

Can Pitocin Be Deadly?

Pitocin does not allow the uterus to relax properly and it might mean that the baby does not get enough oxygen, which can lead to asphyxia. Also, if these strong contractions make the placenta separate from the wall of the uterus, the baby could still miss out on oxygen. When a baby does not get enough oxygen, it can lead to different kinds of brain injuries that can cause developmental problems like cerebral palsy and in really serious cases the baby will die. 

Giving birth is an event that usually brings joy and happiness to parents. However, when a birth injury occurs, it can not only have long-lasting effects on a child’s physical health, but it can also affect the mental well-being of both parents and children. The emotional toll that birth injuries take on families cannot be ignored. Understanding the impact these injuries can have is crucial to ensure that family members have proper support.

The Emotional Toll of Birth Injuries on Parents

When parents find out that their child has been injured during childbirth, they may experience a wide range of emotions, including shock, guilt, anger, sadness, anxiety, and even depression. They may blame themselves for what happened, or they may feel helpless. 

Parents may also grieve over the loss of their expectations for a healthy baby and the future plans they had made before their child's injury took place. This grieving process can be challenging as they come to terms with the reality of caring for a child with special needs. 

 Birth injuries can have a profound impact on a child's life. Depending on the types of injuries suffered, children may experience developmental issues, or they may suffer from disabilities that can affect their physical and cognitive abilities. Cerebral palsy is a developmental disorder that can affect children who suffer brain injuries during childbirth, and it can impact multiple aspects of a child’s life. Other types of injuries can also place limitations on a child, resulting in long-term disabilities that may require special educational support as the child grows and develops. Parents will want to understand the resources available to them in these situations, and they can take steps to ensure that their children will be able to pursue opportunities for learning and development.

Educational Rights for Children With Birth Injuries

Children who suffer from disabilities related to birth injuries are entitled to receive appropriate educational services, and they have rights under federal law. The Individuals with Disabilities Education Act (IDEA) ensures that children who suffer from disabilities will have access to public education.

Under IDEA, eligible children are entitled to an Individualized Education Program (IEP), which is a written document detailing the specific educational goals and support services necessary for the child's success in school. The IEP is developed collaboratively by parents, educators, and relevant professionals based on the individual needs of each student.