Birth Injury Lawsuits
by Michael Helfand
(Illinois)
A birth injury lawsuit may be appropriate when a child is injured during pregnancy, labor or delivery. The main consideration will be whether the injury was caused by someone’s negligence – usually a doctor or other health care provider.
This type of injury lawsuit falls under the category of medical malpractice.
Birth injuries may be apparent at birth. In other cases, signs and symptoms of a birth injury may not become noticeable until months or even years later.
For example, if your child has developmental delays, such as delayed speech or ability to walk, a birth injury may be suspected.
A common example of a birth injury is shoulder injury from the baby’s shoulder getting stuck during birth. There are recommended procedures for resolving this issue during labor, but in some cases the nerves are damaged and permanent injury may be the result.
Negligence may be the cause if the doctor failed to follow the proper procedures or used too much force in dislodging the baby.
A lack of oxygen at birth is another common cause of birth injuries. A lack of oxygen can cause a range of brain injuries. Cerebral Palsy is a broadly defined neurological disorder that includes muscle and movement disorders, speech and motor delays, etc. Symptoms vary greatly from person to person.
Another example of birth injury negligence is a failure to monitor or perform the proper tests during pregnancy and after birth. Failure to diagnose a problem can lead to a worsening of the condition. If the doctor responsible was negligent, a lawsuit may be appropriate.
Not every birth injury is caused by negligence, and it’s often difficult for a parent to know whether they may have a medical malpractice claim.
Some conditions may be genetic, and even those caused during labor and delivery may not involve negligence. In other words, the doctor may be able to prove that they did not fall below the standard of care and therefore was not negligent.
Negligence can be a difficult thing to prove. Even an experienced medical malpractice attorney will consult with an expert in the medical field to determine the cause of the injury and whether negligence was involved. If you decide to pursue a medical malpractice lawsuit for a birth injury, one of the first steps your attorney will help you with is getting a report from a medical expert.
This can all be very confusing, and it can be overwhelming for a parent or family focused on the care and treatment of an injured child. An experienced birth injury/medical malpractice attorney can help.
It’s their job to help you decide whether to pursue a lawsuit. If you decide to sue, an attorney will work to ensure that you are fully compensated. Medical malpractice lawsuits often seek payment for medical expenses, future care and medical expenses, future lost income, and pain and suffering.
An initial consultation with an experienced birth injury attorney can give you peace of mind. Initial consultations are almost always free. If you decide to hire an attorney, they will likely charge you a contingency fee, which means you only pay if you win.
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com the leading resource for Illinois lawyer referrals and legal guidance.
