About Midwest Injury Lawyers
If you are searching for knowledgeable and aggressive legal representation after learning or suspecting that your child has suffered a birth injury, look no further than Midwest Injury Lawyers.
Our Chicago birth injury attorneys are true advocates for injured parties, having recovered over $50 million in compensation for personal injury victims in Illinois and Indiana. We know what it takes to win a birth injury claim and will work tirelessly to seek the justice that both you and your child deserve.
We invite you to schedule a complimentary case consultation to start your claim. We only work on contingency fees. So, if you decide to hire us, you owe us nothing unless and until we obtain compensation on your behalf. Typically, we obtain compensation through a negotiated settlement with the at-fault party’s insurance company and attorneys.
However, suppose they refuse to offer you a settlement representing the totality of your birth injury damages. In that case, we are ready to take your case to court. We are skilled negotiators and also provide robust representation in the courtroom when litigation becomes necessary for our clients.
Common Birth Injuries
Cerebral Palsy
Cerebral palsy (CP) frequently arises from brain injury before, during, or after child delivery. It affects muscle control and also causes speech and developmental delays. CP occurs in up to four in 1,000 live births and may have long-term effects on a child’s function.
Erb’s Palsy
Brachial plexus or Erb’s palsy results from paralysis of the child’s shoulder, arm, or hand caused by damage to those nerves during delivery. The brachial plexus nerves help control feeling and movement and connect the spinal cord to the arms.
This nerve damage can arise from:
Pulling on the baby’s neck or head
Stretching the child’s feet in a breech (feet first) delivery
The baby’s shoulders, head, or neck getting stuck under the pelvic bone or in the birth canal during delivery
Hypoxic Ischemic Encephalopathy (HIE)
A newborn can suffer from Hypoxic Ischemic Encephalopathy (HIE) if they lack oxygen and blood flow during delivery.
A lack of oxygen can happen due to:
An abnormally long labor
A placental bleed or abruption
The fetus is in the wrong position
An umbilical cord prolapse
Symptoms of HIE include:
Feeding problems
Hearing and vision problems
Seizures
Newborn Cephalohematoma
This condition happens when there is bleeding under the skin above the skin, resulting in a collection of blood in the tissues surrounding the skull.
Most cephalohematomas resolve themselves, but in some newborns, they can lead to additional problems caused by the pooled blood, such as:
Depressions or swelling in the head
Anemia due to blood loss
Seizures
Larger than average head size
Is Your Child’s Birth Injury Result of Medical Malpractice?
You’ve likely had this question in the back of your mind since you first heard that something wasn’t quite right with your child during pregnancy or after birth. You’re not alone.
Birth injuries are often the most damaging type of medical malpractice case. Expecting parents have planned and prepared for their baby’s arrival into the world and their families. They have discussed names and whom their child might look or act like. However, they can’t plan for the unexpected outcome of a birth injury resulting from their healthcare provider’s negligence. Sometimes, these birth injuries can even cause fatal injuries to the baby or the mother.
Doctors or other medical staff members can cause many birth injuries if they are negligent with the medical care and monitoring they provide before or during childbirth. Medical professionals must provide a high standard of care to all patients, including pregnant and laboring women, fetuses, and newborns. When they violate that standard of care, causing an injury, doctors and other medical professionals can be liable for the damages that result.
The best way to determine if the medical professionals caring for you and your child are committing malpractice is to speak with a skilled Chicago birth injury attorney as soon as possible after you learn something is wrong with your child. When you hire our firm, we will conduct a thorough investigation and employ experts within the medical field to determine if what happened to your child was preventable and if negligence was the cause.
If so, we will build a case to establish how your medical providers breached the standard of care they owed to you and your child. We can collect evidence revealing how their negligent actions led to your child’s condition and how their condition results in economic and non-economic damages for both you and your child.
Our Chicago birth injury lawyers aren’t afraid to stand up to large hospital corporations or their insurance companies to hold physicians and medical staff liable for the harm they have caused you and your child.
The Costs of a Birth Injury
A birth injury diagnosis can come with a lifetime of hardships and medical expenses. Children with birth injuries may experience difficulties getting around, participating in everyday activities and sports, or simply acting like a kid. Children may also have self-esteem issues and face bullying or constant questioning about their condition. Sadly, they may never reach their full potential.
These children and their families deserve compensation for these hardships and inconveniences.
With the help of Chicago birth injury attorneys, they can seek a settlement or court award for their non-economic damages such as:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Psychological trauma
- Depression or anxiety
- Post-traumatic stress disorder (PTSD)
- Lost quality of life
- Loss of enjoyment of life
- Grief and loss of consortium
- Loss of opportunities
- Inconvenience
- Humiliation
- Loss of opportunities
Economic damages are those that have an inherent monetary value.
These losses are typically easy to calculate and can include:
- Lost capacity to earn income in the future
- Past and future medical expenses
- Disability accommodations
- Live-in care or nursing home care
- Hospital bills
- Domestic services
- Medical equipment
- Prescriptions
- Rehabilitation and therapies
- Lost earnings of parents
- Transportation and travel costs
- Legal expenses and attorney’s fees
The Statute of Limitations for Child Injuries
Every state has a statute of limitations. A statute of limitations sets a deadline for injured parties to file legal claims. They lose their right to sue and compensation for their damages if they do not file their claim by that deadline.
When the injured party is an adult, the statute of limitations begins running from the date of the injury and is typically two years in Illinois.
Sometimes the statute of limitations can vary, so speak with Chicago birth injury attorneys as soon as possible after you suspect your child might have a birth injury. You must file your claim within the statute of limitations to receive compensation for your and their damages.
Chicago Birth Injury FAQs
After learning that your child has a birth injury, it’s only natural to assume that people and insurance companies will do the right thing to help you. After all, you deserve enough compensation from the at-fault party’s insurance company to cover your extensive losses and inconveniences.
However, rarely happens unless you enlist the help of Chicago birth injury attorneys who engage experts, such as economists and actuaries, to analyze the long-term costs of your child’s medical care. Without an attorney, you might not know what amount will fairly compensate you for your injuries and the ongoing damage they caused.
Each birth case is unique, but these are typically high-dollar claims. Considering the extraordinary financial, emotional, and physical burdens children and their families face after suffering a birth injury, it’s no wonder why these injuries deserve and usually result in more significant settlements.
When you meet with an attorney at Midwest Injury Lawyers, they can review all the details of your case. Knowing the details of what happened and your child’s specific injuries will help them to provide you with an estimate of what your claim might be worth.
Birth injury claims on behalf of the injured party require another party to represent the child. By law, Individuals who are under the age of 18 can’t file their own injury claims or settle their lawsuits. A qualified adult, known as a next friend, must do so instead. A next friend is an adult representing a minor child or someone not legally competent to represent themselves in court.
Next friends are typically:
- One parent
- Both parents
- A legal guardian
- A court-appointed attorney
Did Your Child Suffer a Serious Birth Injury? Call Midwest Injury Lawyers Today
Anyone can make a mistake on the job. However, obstetricians and other medical caregivers must meet a higher standard. Even one small mistake has the potential to change lives forever. Only a vigilant evaluation of the medical records can determine the cause of injuries and if the actions of the delivery team played a role in causing a birth injury. Reach out to a Chicago personal injury lawyer.
Our Chicago birth injury attorneys have the necessary experience investigating medical mistakes and birth injury malpractice. They also have the resources to access the type of qualified medical experts needed to assess complicated birth injury cases.
If your newborn suffered a birth injury due to improper medical intervention and care during your pregnancy or at the time of delivery, we can help you. Start your claim today with a confidential and free case review. Contact us at (312) 786-5881 or online for yours.
Client Testimonial
“We are so happy with our decision to utilize the services of Midwest Injury Lawyers. They were so kind and kept us informed and educated on our options to make the best decision for our family.” -Leah C. ⭐⭐⭐⭐⭐
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Midwest Injury Lawyers – Chicago Office
155 N Upper Wacker Drive, Suite 4250
Chicago, IL 60606
P: (312) 786-5881
A Word from Our Birth Injury Attorney
Birth injuries are complicated and heartbreaking – but you don’t need to face them alone. We’re here to fully investigate your case and defend your rights.
– Samuel R. Carl
Request a Free Consultation
Tell our experienced team about your accident and/or injuries. One of our personal injury attorneys will contact you to schedule a free case evaluation. Remember: you won’t pay for anything unless we secure a compensation on your behalf.
Call (312) 786-5881 or send us a message online to get started.