The birth of a child is a milestone filled with joy and hope. But for some families, this cherished occasion is overshadowed by complications that result in a birth injury. These injuries, often caused by medical negligence during labor or delivery, can have life-changing consequences for children and their families.
Turner Law Group is here to help protect your rights and get justice for pediatric birth injuries, help you understand who can file a claim, the potential compensation you could receive, and how to determine liability.
Who Can File a Birth Injury Claim?
When a birth injury occurs due to medical malpractice, parents can file a legal claim on behalf of their child. These claims are a way to seek accountability from healthcare providers whose negligence may have caused the harm. Under Illinois law, birth injury cases sometimes afford families additional time to file claims, as these injuries may take longer to become apparent.
Taking legal action can help families obtain compensation to cover the costs of ongoing medical care and rehabilitation.
Common Birth Injuries Caused by Medical Malpractice
There are several types of birth injuries that can occur when medical professionals fail to meet the expected standard of care. While some injuries are minor and heal with time, others can lead to long-term disabilities.
Common birth injuries linked to medical negligence include:
- Cerebral palsy: This often results from oxygen deprivation during delivery, which could affect muscle coordination and movement.
- Brachial plexus injuries: Brachial plexus injuries are usually caused by damage to the nerves controlling the arm and hand, often due to excessive force during delivery.
- Fractures: Broken bones, such as a fractured collarbone, can occur when improper techniques are used.
- Brain injuries: Prolonged oxygen deprivation or improper fetal monitoring can result in severe brain damage.
Each of these injuries can dramatically affect a child’s quality of life. Legal claims hold negligent parties accountable for mistakes, such as delayed C-sections, failure to monitor fetal distress, or improper use of delivery tools.
What Compensation Can Families Seek?
The impact of a birth injury extends far beyond the initial event, creating emotional and financial burdens for families.
Pursuing a birth injury claim can help secure compensation for various damages, including:
- Medical expenses: This may cover surgeries, hospitalizations, medications, therapies, and medical equipment required for your child's care.
- Rehabilitation costs: Rehab costs can be used for ongoing physical therapy, occupational therapy, speech therapy, and specialized educational needs.
- Non-economic damages: Acknowledging the emotional pain and suffering experienced by both the child and their family is considered non-economic damages.
- Loss of earning potential: Loss of earning potential is compensation for the long-term financial impact if the injury affects your child’s ability to work in the future.
Seeking justice through financial compensation is not just about addressing the past—it’s about providing the best possible path forward for your child.
Determining Liability in Birth Injury Cases
Birth injury cases can be complex, often involving multiple parties who may share responsibility for the harm caused. Liability could fall on doctors, nurses, or hospital staff, depending on the circumstances.
Common examples of medical malpractice that lead to birth injuries include:
- Negligent prenatal care, or failure to identify or address potential risks during pregnancy.
- Errors during delivery can include mismanagement of complications, such as shoulder dystocia, or the improper use of force.
- Lack of fetal monitoring includes failing to act on signs of fetal distress in a timely manner may.
At Turner Law Group, our attorneys work closely with medical experts to analyze each case’s details. This collaborative approach helps us pinpoint the errors that led to the injury and build a compelling argument for accountability.
Why Families Trust Turner Law Group
Families across Sycamore, Geneva, and Yorkville trust Turner Law Group because of our dedication and proven expertise in personal injury and medical malpractice cases. Facing legal challenges plus coping with a child’s injury can be overwhelming, and we’re here to make the process as smooth as possible.
When you partner with us, you’ll have a compassionate and skilled legal team by your side. We’re committed to pursuing justice, ensuring responsible parties are held accountable, and securing the compensation your family needs to move forward.
Take the First Step Toward Justice for Your Family
A birth injury caused by medical negligence is a heartbreaking event, but you don’t have to weather the storm alone. The team at Turner Law Group is here to provide the support, guidance, and legal expertise you need during this difficult time.
Contact us today for a free consultation. Together, we’ll examine your case, answer your questions, and outline a path forward.