Birth is often called a miracle, but it is also very dangerous. Even with modern medical advancements, many babies are injured during the delivery process. If your child was injured because of a negligent doctor, call a lawyer immediately.
Birth injuries can be frightening to deal with. A child might be born with nerve damage, brain injuries, fractures, or other physical traumas that could lead to life-long complications. In many cases, birth injuries are the result of negligent medical care provided by negligent doctors. Not only can you sue the doctor who caused your child’s injuries, but you may also sue the hospital they work for. Economic damages in your lawsuit may include medical care, including future medical care if your child has long-term complications. You should also include non-economic injuries revolving around pain and suffering. You should speak to an attorney about your case soon, as you might only have 8 years to file a lawsuit.
Contact our birth injury attorneys for a free review of your case by calling the Rhatigan Law Offices at (312) 578-8502.
Common Examples of Birth Injuries in Rockford, IL
Perhaps the scariest thing about birth injuries is that they could affect nearly any part of the body. While some birth injuries may heal in time, others come with lasting complications. Many children are born with such severe injuries that they grow up with life-long disabilities.
Brain injuries are a common birth injury and can be severe. Skull fractures from misusing forceps or fumbling a tricky delivery might injure the brain. Alternatively, head injuries might cause bleeding in the brain, leading to cognitive disabilities or possibly death.
Nerve damage is another somewhat common birth injury. Often, nerve damage results from difficult deliveries where too much force is exerted upon the newborn. For example, if a newborn is pulled too hard by their arm or shoulder, they might suffer brachial plexus injuries. This causes nerve damage that may affect the shoulder, arm, and hand. Weakness, numbness, or pain are very common symptoms. While some babies eventually recover, others live with permanent limitations.
Fractures also happen. Babies’ bodies are extremely fragile. Broken bones, skull fractures, and various soft-tissue injuries are all possible. In severe cases, a child might have their spinal cord injured because of a negligent doctor. Such an injury might lead to permanent paralysis.
Who is Responsible for Birth Injuries in Rockford, IL
When something as terrible as a birth injury occurs, people sometimes find it difficult to place blame. Sometimes, it is easier to think of these things as a bizarre twist of fate rather than the result of someone’s careless behavior. In reality, birth injuries are often caused by negligent medical professionals.
Our birth injury attorneys can review your case and help you determine if your doctor is responsible for your child’s birth injuries. Medical negligence can be tricky to identify. Not every instance of medical care gone wrong is medical malpractice. Sometimes, patients do not respond to treatment in the way doctors hope. However, if a doctor provides treatment that does not meet the standard of care, they may be held liable for the patient’s injuries.
A doctor might be responsible for your child’s birth injuries if they provided substandard care. We need evidence, often from medical records, that shows how the doctor’s negligent treatment directly caused the injuries.
If we believe your doctor’s negligence caused your child’s birth injuries, we can also sue the hospital they work for. As the doctor’s employer, the hospital may be held vicariously liable for your child’s injuries.
Available Damages in Rockford, IL Birth Injury Cases
Damages in birth injury cases may be quite high. Often, the children affected by these injuries deal with life-long pain, complications, and disabilities. Their parents often mourn the loss of a life that could have been.
Economic Damages
Many of your damages may be economic and stem from the financial costs of your child’s injuries. First, we must consider your child’s immediate medical needs. Depending on the type of birth injury involved, your child might have been rushed away for emergency treatment.
Next, we should consider the cost of ongoing and future medical care. Many injured children require long-term care or life-long medical treatment for their conditions. This can easily add up to millions of dollars throughout your child’s lifetime.
We must also think about other costs. For example, maybe you need to outfit your home with special equipment to make it handicap accessible for your child. Perhaps your child requires private care at home, which can be very expensive. All these costs and more should be claimed among your damages.
Non-Economic Damages
Non-economic damages refer to losses and injuries that are more subjective and amorphous. These injuries are usually not measured in money but can still be financially compensated. For example, many children live with painful injuries and complications, often for years. You can claim damages for your child’s physical pain. The more severe the pain is and the longer your child must endure, the greater your damages should be.
Other non-economic damages are more emotional in nature. Parents often struggle to cope with the limitations their child must live with. All parents have dreams for their children, but when a child is born seriously injured, many such dreams are shattered, and psychological suffering might be intense.
Punitive Damages
Punitive damages may be awarded in cases where the defendant is found to have acted with an evil motive or such careless disregard for others as to shock the conscience. In Illinois, these damages are unavailable for medical malpractice cases, according to 735 I.L.C.S. § 5/2-1115.
When You Can File a Birth Injury Case in Rockford, IL
Speak to an attorney as soon as you can. Plaintiffs have a limited window of time to file lawsuits for medical malpractice. Under 735 I.L.C.S. § 5/13-212(b), you may only have 8 years from the date of the injury to file a lawsuit.
Not everyone realizes that their child’s injuries are the result of medical negligence for some time. In some cases, this is because doctors purposefully mislead parents. Perhaps your doctor tried to cover their tracks by convincing you something else caused the injuries. This is known as fraudulent concealment. If fraudulent concealment is present, you may have 5 years from the day you realize the malpractice, according to 735 I.L.C.S. § 5/13-215
Contact Our Rockford, IL Birth Injury Attorneys for Help Today
Contact our birth injury attorneys for a free review of your case by calling the Rhatigan Law Offices at (312) 578-8502.
Resources