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Birth injuries are a broad category. They include of any injury which occurs during labor and/or delivery (such as oxygen deprivation or trauma). These injuries can range from harmless to severe. In many cases, birth injuries result in permanent intellectual, cognitive, and/or physical disabilities. Doctors can avoid causing birth injuries by closely following established standards of care, closely monitoring the status of both mother and child, and sufficiently addressing any complications (or suspected complications) that arise during pregnancy, labor, and/or delivery.
There are many birth injuries that are immediately evident. Typical signs and symptoms of a potential birth injury include:
In many cases, the injury is not identified for years until the child misses key developmental milestones or reaches school age and learning disabilities become apparent.
Hypoxic ischemic encephalopathy (also known as birth asphyxia) is a potentially dangerous brain injury that can occur when a newborn gets insufficient oxygen at the time of delivery. This is a preventable injury. It is often the result of medical professionals failing to notice and address fetal distress. When a child is suffering oxygen deprivation, it is of the utmost importance that physicians and other personnel take immediate action. This often includes performing an emergency cesarean section (C-section) during these emergencies.
HIE can result from:
Traumatic birth injuries occur to an infant during delivery. They are the result of mechanical forces, like traction or compression. The most commonly affected areas of traumatic birth injuries are also the most vulnerable. These include the spine, brain, bones, and nerves.
A child’s size and position, as well as neurological fragility, can cause complications. If the medical staff does not appropriately and adequately respond, traumatic injury can result.
Some examples of traumatic birth injuries include:
All medical professionals must diagnose preterm labor. They must also follow strict standards to prevent premature births whenever possible. This can include the administration of medications to stop or slow contractions, mature the baby’s lungs, or prevent infection. Some of the more common causes of premature birth include:
A substantial injury sustained during birth can result in permanent disability. A child afflicted with cerebral palsy will likely require many different treatments and therapies. An infant that suffers a lack of oxygen during birth may require immediate hypothermic treatment to limit brain damage.
Some of the most common treatments prescribed for birth injured children include:
When delivery complications arise, it is incumbent on medical staff to quickly take sufficient and appropriate action to minimize risk of harm to mother and child. Medical malpractice results when this does not happen. Examples of medical negligence include:
At Willens Law Offices, our team of attorneys will thoroughly research your case, identify the precise cause of injury, and determine whether or not it could have been prevented. If the hospital or medical staff was negligent, we will help you to obtain fair compensation. Even if the injury took place years ago, you may still be able to proceed with a lawsuit. Contact our firm, located in the Chicago Metro and Arlington Heights areas, for birth injury lawyers who can dedicate themselves to representing your case. We assist clients in the greater Chicago area and throughout Illinois.
The plaintiff went to a Chicago hospital for delivery of twins via cesarean section. In the delivery room, a suspicious rash was recognized on one of the twins and later, fecal and urine cultures confirmed the presence of candida. She was started on prophylactic anti-fungal medicine and is healthy. The other twin was clear of any rash and though she was at risk for fungal infection, she was not treated in a timely manner. Later, a head ultrasound and MRI confirmed the diagnosis and damage to her brain. A lawsuit was filed on the plaintiff’s behalf. The case was vigorously defended by lawyers for the physician and the hospital that he worked for over 3 years. Eventually, a mediation took place at which time the defendants offered $3,000,000 to settle, which the plaintiff rejected. It was not until trial that the case settled for $10,000,000.
Birth injury cases are among the most complicated medical malpractice cases to litigate. With years of experience in birth trauma litigation our legal team has the skills, the resources and experience necessary to address and win a wide variety of birth injury cases. Our legal team has secured millions of dollars in compensation for birth injury victims.
With decades of hands-on experience working with top healthcare professionals in labor and delivery, our legal team has access to some of the top medical professionals in the world. As in many types of medical malpractice cases, high quality expert are essential in obtaining justice.
Our firm was established to focus on the unique needs of our clients. We work with top medical, life-planning, and forensics experts to determine the causes and extent of injuries, prognoses of victims, and areas of medical negligence. Our passion for helping birth injury victims allows our attorneys to deliver unrivaled legal services for your family.
Willens Law Offices have helped the families of children across Illinois get the compensation they need for a secure future.
We strive to give the utmost personal attention to each child and family we represent.