The birth of a child is a momentous event that should be filled with joy and excitement. However, for some families, complications during delivery can lead to injuries that forever change the course of their lives.
According to the Centers for Disease Control, about one out of every 33 babies born in the U.S. has a birth defect. Although not all defects can be prevented, many injuries (and even deaths) occur due to negligence, malpractice, or preventable issues.
When a birth injury occurs, it can be a heartbreaking experience for parents who are left grappling with the aftermath of medical errors ー some of which may have caused lasting harm to their child.
If you are in Illinois or the Midwest and find yourself facing the impact of a birth injury, you may consider pursuing a lawsuit to seek compensation for the harm done. This is one of our specialty areas at Midwest Injury Lawyers.
Below, our Chicago birth injury lawyers outline steps and considerations to help prepare you for the legal journey ahead, so you’re fully equipped to take action when the time comes.
1. Understanding What Constitutes a Birth Injury Lawsuit
A birth injury lawsuit arises when a baby suffers harm during delivery due to mistakes made by medical professionals, including obstetricians, nurses, or hospitals. These injuries may result from a variety of factors, such as improper use of forceps or vacuum extraction, failure to monitor the baby’s condition during labor, or delayed C-sections when complications arise.
The legal claim seeks compensation for the physical and emotional suffering caused by the injury. In Illinois, the law protects the rights of individuals who have been harmed by medical negligence, but pursuing a case requires a clear understanding of how the legal system operates in birth injury claims.
Should you decide to pursue a birth injury lawsuit, you’ll need to proceed with the following steps with the help of an attorney.
2. Gather All Relevant Medical Records
Building a strong case starts with collecting the necessary medical documentation that’s pertinent to your baby’s injury. Medical records serve as the foundation of your claim, supporting your story and pointing out grievous errors.
Examples of valuable medical documents for a birth injury lawsuit may include:
- Prenatal care records and ultrasounds
- The birth plan and any deviations from it
- Medical staff notes from labor and delivery
- Post-birth evaluations of the baby and mother
- Statements from other witnesses, such as nurses or family members present during delivery
These documents help establish the timeline of events and can point to potential medical malpractice. Be thorough in collecting all documents and share them with your birth injury lawyer for review.
This can be a time-consuming task, but it is vital to the success of your birth injury lawsuit. The more evidence you can gather upfront, the better.
3. Consult with a Skilled Law Firm in Illinois
The complexity of birth injury lawsuits makes having the right attorney on your side a vital part of the process. This is a specialized area of law, and you don’t want just anyone in negotiations with you.
A skilled birth injury lawyer will help you work through the various steps involved in the case, from initial investigation to filing the lawsuit. They will also help you understand exactly what kind of compensation you’re owed for damages such as medical bills, pain, suffering, and trauma.
At Midwest Injury Lawyers, we are deeply committed to helping families in Illinois. Wisconsin, and Indiana who have been affected by birth injuries. Our team is equipped to handle the distinct challenges of medical malpractice cases, particularly in complex birth injury situations.
When you contact a law firm like ours, you gain an experienced advocate who will fight for your rights and empathize with your family’s birth trauma.
4. Know the Statute of Limitations in Your State
In Illinois, there are time limits within which you must file a medical malpractice case. For birth injury lawsuits, the statute of limitations is generally two years from the date the injury occurred.
However, in cases where the injury may not be immediately apparent, such as cerebral palsy or Erb’s palsy, the time limit could be extended.
This is why you should seek legal advice as soon as you suspect that your child’s injury may have been caused by medical malpractice. Failing to meet the statute of limitations could mean losing the chance to pursue compensation altogether.
5. The Financial Impact of Birth Injuries
Birth injuries can often lead to long-term medical needs for the child, such as therapy, surgeries, specialized care, and possibly lifelong assistance. The financial burden on the family can be staggering, as these costs are often ongoing and substantial.
For example: one of the most common and serious types of birth injuries in the United States is brain damage caused by a lack of oxygen, known as birth asphyxia or fetal distress. This occurs in about 10% of deliveries when a baby’s brain is deprived of oxygen during labor and delivery, often due to complications such as umbilical cord issues, prolonged labor, or improper monitoring of the baby’s oxygen levels.
Asphyxiation can lead to severe brain damage, which may result in conditions such as cerebral palsy, developmental delays, learning disabilities, and motor impairments. The long-term impact of fetal distress can be profound, affecting the child’s ability to walk, talk, and function independently, and often requiring ongoing medical treatment and therapies throughout their life.
The birth injury lawsuit process can help cover the expenses related to proper medical care, as well as lost wages if a parent needs to take time off from work to care for the child. Compensation can also cover the emotional toll, acknowledging the distress and suffering that the family has endured.
In addition to covering immediate medical costs, compensation in birth injury cases can provide peace of mind for the future, helping you to plan for the ongoing care your child may require as they grow older ー especially if they have a condition like cerebral palsy.
According to the Cerebral Palsy Guide, the average medical malpractice payout for children under one month old is around $1 million. Although we know no price tag can undue your family’s suffering and child’s trauma, you deserve to walk away with every dollar you’re owed.
6. Emotional Support and Counseling
While the process of birth injury litigation is important, so too is addressing the emotional and psychological impact of a birth injury.
Parents may experience feelings of grief, guilt, and frustration as they face the challenges that arise from the injuries their child suffered. Additionally, it’s estimated that nearly half of new mothers experience birth trauma and effects that continue long after birth (National Institute of Health).
This is why we advise that any family members impacted by a traumatic birth seek emotional assistance, either from loved ones, support groups, or professional counseling. These can all be essential aspects of the healing process.
Additionally, many birth injury law firms, understand the emotional toll these cases take. We strive to offer compassionate support and understanding as you deal with both the legal and emotional challenges ahead.
A child’s birth injury isn’t an easy topic to discuss, but you can rest assured we approach it with grace, tact, and unflagging support for your current and future well-being.
7. Your Role as the Plaintiff
As the parent of a child who has sustained a birth injury, your role as the plaintiff will involve cooperating with your attorney, providing relevant medical documents, and assisting with any required testimony. You may also be asked to share personal details about the injury, the delivery, and the impact it has had on your family.
We know this can be challenging, but your testimony can play a significant role in the outcome of the case. To make sure you are prepared, your birth injury attorney will work closely with you to prepare for any hearings or court appearances. It’s our job to make sure you feel confident and supported every step of the way.
8. Expert Witnesses and Medical Testimony
In birth injury lawsuits, expert witnesses are often needed to provide professional opinions regarding the medical standards of care and the causation of the injury. These experts may include medical professionals, such as obstetricians or pediatricians, who can testify about the care provided during delivery and any errors that contributed to the injury.
Expert testimony can also help explain the long-term effects of the injury, providing clarity on the future care needs of the child. Your birth injury attorney will help secure credible experts to strengthen your case.
9. The Settlement Process vs. Going to Trial
Many birth injury cases are resolved through settlements, where the parties involved agree on compensation without going to trial.
However, in some instances, the case may need to go to court if a fair settlement cannot be reached. While settlements can provide quicker resolutions, going to trial may be necessary to secure the compensation needed for the child’s future, as well as your own.
An experienced birth injury lawyer will advise you on whether a settlement is in your best interest or whether pursuing a trial would be a better option. They will help you weigh the pros and cons and make an informed decision.
Take the First Step on the Path to Justice
If your child has suffered a birth injury in Illinois or the Midwest, the road ahead can be filled with uncertainty. However, pursuing a birth injury lawsuit can help provide your family with the compensation and resources needed to best manage the consequences.
At Midwest Injury Lawyers, we are here to protect and guide you during this difficult time. Our team understands the challenges families face, and we’re dedicated to fighting for the compensation your child deserves. We’re also passionate about holding negligent medical professionals accountable for the mistakes that lead to common birth injuries.
Contact us today to book a free consultation with our birth injury lawyers. The road to recovery starts here.