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During the normal labor and delivery process, a baby is born within the normal time frame limits. However, a delayed birth occurs when there are circumstances that prevent this from happening. When immediate medical intervention is given, a baby can be born with only minor complications. However, when doctors and medical staff fail to detect, monitor, and treat a high risk or sudden medical situation, the outcome can be devastating, resulting in serious birth injuries.
There is a distinct difference between a birth injury and a birth defect. When a child is born with a birth anomaly it can either be due to a DNA predisposition or due to medications that a mother may have taken while pregnant. Spina bifida, for instance, is a birth defect where the baby's spinal cord fails to develop properly. This is considered a congenital disorder and is a condition that was acquired after conception but before birth.
In the case of a birth injury, it is a disability that is suffered before, during or shortly after birth. In the majority of birth injury cases, the baby would have otherwise had no disabilities and would have been what is considered a healthy baby. Obvious birth injuries can happen due to dropping the baby, using excessive force during labor and delivery, and breaking the baby's bones.
When a baby spends too much time in the birth canal due to prolonged labor, birth trauma can occur. While a baby's head and spinal cord are designed to withstand the compression when passing through the canal, they are not designed to stay in that compressed position for a prolonged period of time. When the head and spinal cord are compressed for too long, an infant can lose oxygen to the brain and a number of birth injuries can occur.
When the brain and spine are compressed for an extended period of time, adverse reactions can result in Cerebral palsy, Asperger's, Austism, and even in attention deficit disorders. While these injuries are associated with other types of birth injuries, delayed delivery can often be the culprit.
The birth of a baby should be an exciting and happy time. Physicians should have the experience, training, and knowledge necessary to handle any birth complications that arise. You should not have to bear the cost of injuries due to the mistake of a doctor, nurse, or other health care professional. If a health care provider causes damage, they should be held accountable.
Coping with the cost of a birth related injury can devastating. This financial burden is isn’t one you should have to carry. At Willens Law Offices, we are experienced birth injury lawyers that can help you understand your rights and options.
Call us today at (312) 957-4166 or fill out our online contact form for a FREE consultation.
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.