What is Considered Birth Injury Malpractice?
Doctors, nurses, and other types of healthcare professionals are required to conform to reasonable standards of care. If a healthcare professional, such as an OB/GYN causes harm to an infant during the birthing process, it may be considered an act of negligence. Mind you, health care professionals do not have to be perfect/mistake-free in their care and treatment of a patient. The medical profession and the legal profession recognize this. They do have to give quality care and treatment during childbirth. If they do not and harm is caused to the infant or the mother, it may be an act of negligence. The types of birth injury malpractice cases are vast but ordinarily involve some type of very serious, often catastrophic injury. Because birth injury malpractice cases almost always involve significant time and money expenditures for a birth injury malpractice lawyer, birth injury malpractice lawyers are very selective about the cases they accept for investigation.
Why You May Need a Birth Injury Malpractice Lawyer in Chicago
Birth injury cases are often very complicated, require years of investigation and litigation. Most of the time, multiple experts are needed to prove the elements of these cases. It’s common for a birth injury medical malpractice case to cost well more than $100,000 to pursue. Most law firms that handle birth injury cases fund these efforts. Therefore, not only is superb skill imperative in these types of cases, but a law firm with the proper amount of resources is essential as well. Not only does a law firm need capital to properly handle these cases, but they need access to the best experts available to help them prove their cases. The lawyers representing doctors and other health care professionals already have a built-in network of top experts. It is important for the injured victim’s lawyer to be able to tap into his built-in network as well.
Types of Birth Injury Cases
There are many examples of birth injuries and birth injury cases. Some of the most common are:
- Cerebral Palsy – a group of disorders that affect the brain’s control over muscles and the nervous system. It can occur because of medical negligence before or during childbirth.
- Infant Anoxia/Hypoxia – loss of oxygen to the baby’s brain during the birthing process.
- Pediatric Hydrocephalus – fluid in the brain, which causes damaging pressure.
- Brachial Plexus – injury to nerves that connects the spinal cord to the baby’s arms.
- Shoulder Dystocia – happens because the baby’s shoulders become trapped in the mom’s pelvic area.
Please note that there are numerous types of other birth-related injuries malpractice cases. Instead of listing them all in this article, I have listed some of the most common ones that birth injury lawyers in Chicago probably see the most often.
Birth Injury Lawsuit
I have been a Chicago personal injury lawyer involved in birth injury malpractice cases since approximately 1995. Every birth injury case that he has been involved in has required a lawsuit. Unlike a simple car accident case where lawyers and insurance companies can work out a quick settlement without the need for a lawsuit and extensive litigation, lawsuits in birth injury cases are required. I’m sure there are some exceptions, but in my experience, I know that I need to be prepared for a long-complicated battle with the folks who represent doctors and other healthcare professionals, such as insurance companies, risk management departments, and defense lawyers.
How to Sue for Birth Injury Malpractice?
Not all birth injuries are a result of malpractice. However, if you suspect your child was injured because of medical malpractice in Illinois, call a birth injury lawyer. If you’re reading this, you have found one. Our consultations are free and carry no obligation. Furthermore, if we agree to take on your case, we will fund the investigation and prosecution of the matter. Call now as there is a time frame determined by the state that sets a limit on how long you must file a medical malpractice lawsuit. These limitation periods can be difficult with birth injury cases because sometimes birth injuries are not immediately apparent at the very beginning of the child’s life. Call us at 312-957-4166. We can help.