Birth injuries can be devastating for families. They often strike when least expected and can lead to an overwhelming emotional and financial toll. As a result, parents are often left desperate for answers and support.
Understanding how to pursue birth injury compensation is crucial for those affected. Knowing the causes of these injuries and the legal steps involved can help provide a clear path forward.
At Midwest Injury Lawyers, we work with families to fight for fair compensation after suffering birth injuries. This might involve liable parties like hospitals, doctors, nurses, midwives, pharmaceutical companies, and more.
If you’re near the Chicago area and looking for guidance, you’re in the right place. This article offers comprehensive information on birth injury causes, the claims process, and how local legal representation can make a difference.
What Are Birth Injuries?
Birth injuries refer to any harm a baby sustains during labor and delivery. They can result from medical negligence, such as improper use of delivery tools, or other unavoidable complications. In the U.S., about 6-8 out of every 1,000 babies experience birth injuries.
Common examples include cerebral palsy, a brachial plexus injury, Erb’s palsy, or a birth-related neurological injury. Severe birth injuries can have lifelong effects, making it essential to understand their causes and seek proper legal guidance.
Causes of Birth Injuries
Several factors can lead to birth injuries, each with specific medical and legal implications:
Medical Negligence
Errors in Monitoring
Medical professionals must continually monitor the mother and baby’s vital signs during labor and delivery. Failure to detect and respond to signs of fetal distress, such as abnormal heart rates, can lead to oxygen deprivation (hypoxia) and subsequent brain injuries like cerebral palsy.
Negligence in monitoring also includes not recognizing signs of maternal complications like preeclampsia or placental abruption, which can endanger both lives.
Delays in C-Sections
When complications arise, such as fetal distress, umbilical cord prolapse, or stalled labor, a timely C-section can be crucial. Delaying a necessary C-section can lead to prolonged oxygen deprivation and other complications, resulting in permanent injuries to the baby. Legally, this can be considered a failure to provide the standard of care expected in obstetrics.
Improper Use of Delivery Tools
Instruments like forceps or vacuum extractors can assist in difficult deliveries, but improper use can cause physical trauma. Forceps, for example, can lead to skull fractures, intracranial hemorrhages, or facial nerve damage if not used correctly.
Similarly, vacuum extractors can cause scalp injuries or brain hemorrhages. Legally, improper use of these tools can be grounds for a medical malpractice lawsuit if it is shown that the healthcare provider did not follow accepted medical practices.
Prolonged Labor
Fetal Distress and Hypoxia
Prolonged labor increases the risk of fetal distress, where the baby does not get enough oxygen. Hypoxia can result in brain damage, developmental delays, or other long-term neurological issues. Medical professionals are expected to intervene appropriately, which may include labor augmentation or a C-section to prevent these outcomes.
Shoulder Dystocia
During prolonged labor, shoulder dystocia can occur when the baby’s shoulder gets stuck behind the mother’s pelvic bone. This situation requires immediate and skilled intervention to avoid brachial plexus injuries (nerve damage affecting the arm and hand) or even more severe complications like fractures or oxygen deprivation.
Maternal Exhaustion
Prolonged labor can also lead to maternal exhaustion, increasing the risk of ineffective pushing and the need for interventions like forceps or vacuum extraction, which carry their own risks of injury. Legally, if prolonged labor is not managed appropriately, it can be considered negligence.
Large Baby Size (Macrosomia)
Difficulty in Vaginal Delivery
Babies who are significantly larger than average (macrosomic) are at a higher risk for birth injuries due to difficulties passing through the birth canal. This can lead to shoulder dystocia, where the baby’s shoulders get stuck after the head is delivered, requiring immediate medical maneuvers to safely complete the birth.
Increased Risk of Birth Trauma
Large babies are more prone to birth trauma, including clavicle fractures, brachial plexus injuries, and cephalohematoma (bleeding under the baby’s scalp). These injuries often require specialized medical care and can result in long-term disabilities.
Gestational Diabetes
Mothers with gestational diabetes are more likely to have larger babies. Proper management of gestational diabetes through diet, exercise, and medication can reduce the risk of macrosomia and associated birth injuries. Failure to diagnose or manage gestational diabetes effectively can be a significant factor in medical negligence claims.
Types of Birth Injury Compensation
In a birth injury lawsuit settlement, there are two main types of compensation: economic and non-economic.
Economic Compensation
Economic compensation covers tangible losses. This includes medical expenses associated with the birth injury, rehabilitation costs, and lost wages.
In Chicago, where healthcare costs can be high, this type of compensation is crucial. It also covers future medical care and any necessary modifications to the home to accommodate a child’s needs.
Knowing that these expenses are covered can bring a notable sense of relief.
Non-Economic Compensation
Non-economic compensation focuses on the intangible impacts of a birth injury. This encompasses pain and suffering, emotional distress, and the overall loss of quality of life. These damages recognize the profound and often lifelong emotional and psychological impact on the child and family.
The Importance of Legal Representation
Dealing with birth injury cases can be overwhelming and complex. Having a birth injury attorney by your side can make a significant difference.
They guide families through every step, ensuring they fully understand their rights. Moreover, many birth injury law firms work on a contingency fee basis, meaning you don’t pay unless you win. This makes the cost of hiring a lawyer much more accessible to families in need.
Steps in the Birth Injury Claim Process
1. Initial Consultation
The process begins with an initial consultation with a birth injury attorney. This meeting helps assess the details of your case and determine its viability.
Families should come prepared with all relevant documents, such as medical records, bills, and any correspondence with healthcare providers. This preparation ensures the attorney can give an accurate assessment of the case.
Additionally, many Chicago attorneys will provide this consultation for free, giving families the chance to discuss their concerns without financial pressure.
2. Investigation
Once you decide to proceed, the attorney conducts a thorough investigation. This step involves reviewing medical records, interviewing witnesses, and consulting with medical experts—ensuring that every aspect of the injury is scrutinized.
To build a strong birth injury lawsuit case, it’s crucial to have detailed documentation from your medical professionals.
3. Filing the Claim
After the investigation is complete, your birth injury lawyer will file the claim. This formal document outlines the injuries, the causes, and the compensation sought.
A Chicago birth injury attorney will know how to file with the appropriate courts and ensure compliance with local regulations.
Filing the claim officially starts the legal process for birth injury lawsuits and puts the medical provider or hospital on notice.
4. Negotiation
Once the claim is filed, the attorney enters into negotiations with the medical provider and their insurance company. The goal is to reach a fair settlement without going to court.
This often involves mediation, where both parties try to resolve the dispute amicably.
With birth injury cases, the attorney’s negotiation skills are crucial. They can work to secure the best possible outcome for the family without the stress of a trial.
5. Trial
If negotiations fail, the case may proceed to trial. Here, your attorney will present all the evidence and make compelling arguments before a judge or jury.
In the trial phase, all the preparation and investigation come together to seek justice for the affected family.
Very few personal or birth injury lawsuit settlements will go to trial. However, having a skilled attorney ready for trial ensures you are prepared for any scenario.
Statute of Limitations
The statute of limitations for birth injury cases varies from state to state. In Illinois, you generally have two years from the date of the injury to file a birth injury lawsuit.
This might sound straightforward, but there are exceptions, especially if the injury isn’t immediately noticeable. Consulting with a birth injury attorney quickly is crucial here. They can navigate these nuances and ensure you don’t miss out on your right to seek financial compensation.
Reach Out to an Experienced Birth Injury Lawyer
Birth injuries are life-altering events. With the help of a dedicated attorney, families can navigate the complexities of medical malpractice claims and secure the compensation they deserve.
If your family is dealing with the aftermath of a birth injury, don’t hesitate to seek legal assistance. At Midwest Injury Lawyers, we can provide invaluable support during this difficult time.
Our experienced lawyers will guide you through the legal process, ensuring your case is handled with expertise and care. Schedule a free consultation with one of our Chicago-based lawyers to get started today.