Having a baby is usually considered the happiest time in an expectant parent’s life. Unfortunately, negligent doctors or nurses might make these risks of childbirth even more significant. In the end, injured newborns are the ones who suffer the most.
There are numerous potential birth injuries related to negligent doctors, but cerebral palsy, brachial plexus injuries, and fractures or nerve damage tend to be more common. Among the many challenges parents with injured newborns face is determining who should be held responsible for the birth injuries. Generally, doctors, nurses, and other medical professionals who provided negligent care may be held liable. We should also include the hospital itself in your lawsuit. Damages in these kinds of claims are often very high, as we must account for current losses and expenses in addition to future costs associated with the care of your child. An attorney can help you evaluate your damages, obtain important evidence, and build a case against the doctors and hospital responsible for your child’s injuries.
Call (312) 578-8502 and talk to our birth injury attorneys at the Rhatigan Law Offices about scheduling a free review of your claims to begin your case.
Potential Birth Injuries You Should Discuss with a Chicago Attorney
If you suspect your newborn was injured during delivery, you should have them examined by a new doctor immediately. If your new doctor confirms your suspicions that your child has experienced a birth injury, call a lawyer to discuss a potential lawsuit and fair compensation. Below are several common birth injuries that might be involved in your case, although there are many others.
Cerebral palsy is a condition or disorder that affects a newborn’s physical movements, muscular development, and posture. The condition is often related to brain injuries that might have occurred before, during, or shortly after birth. Many children who grow up with cerebral palsy have trouble walking and require mobility aids like wheelchairs. Others might have difficulty controlling their movements or experience a loss of vision or hearing.
The severity of this condition may vary from case to case. Some people have relatively minor symptoms and can more easily manage as they get older. Others require more assistance and might even experience intellectual disabilities. This is a very common birth injury, and you should see a doctor immediately if you notice your child having trouble with movement, balance, or coordination.
Brachial Plexus Injuries
Brachial plexus injuries involve damage to a complex nerve group that runs from the neck and shoulder down the arms. Nerve injuries are particularly complex. While some injury victims recover and have little to no residual effects, others are not so fortunate. Long-term complications from brachial plexus injuries might include muscle weakness, paralysis, and difficulty moving the affected limbs.
Brachial plexus injuries are often related to trauma during delivery. Brachial plexus injuries might occur if a doctor misuses a vacuum or forceps, or the labor is unnecessarily prolonged.
Fractures and Nerve Injuries
Bone fractures and other nerve injuries are fairly common forms of birth injuries. While these injuries are often non-serious in older children or adults, they can be devastating for newborns whose bodies are still developing. Many injured newborns encounter developmental delays, disabilities, and other problems as they get older. Contact a lawyer immediately if your child was injured because of a doctor’s negligence.
Who is Responsible for a Birth Injury in Chicago?
Determining who should be held liable for your newborn’s birth injured can be difficult. Not only are you going through a very difficult time with your newborn’s injuries, but you might lack the complex medical knowledge and skills needed to fully understand how these injuries occurred.
Doctors and nurses are often directly responsible for birth injuries. These kinds of claims often fall under the legal umbrella of medical malpractice. To be considered malpractice, a medical professional’s treatment must fall below standards of care. Exactly what these standards are may be unique to your case, but they are often measured against what a reasonable doctor or nurse would do under the same or similar circumstances. If another reasonable medical professional would not have made the same decisions as the defendant, they might be liable for your child’s birth injuries.
Many doctors and nurses are liable for causing physical trauma to the child, causing their injuries. They might also be liable for failing to diagnose and subsequently treat certain medical conditions that, when left untreated, caused injuries. Our birth injury lawyers can review your child’s case and help you determine how the injuries occurred and who is responsible.
In many cases, plaintiffs sue the hospital that employs negligent medical professionals. Hospitals may be held vicariously liable for the negligence of their employees. Including the hospital is important as they might have substantial insurance policies to help cover what might be very high damages.
Damages You Might Claim in a Chicago Birth Injury Case
Damages in birth injury cases are known to be significant. Not only does a birth injury result in serious financial losses for families, but it also can be very emotionally painful.
Perhaps the most significant economic damages in birth injury lawsuits are medical costs. Not only should you claim the cost of the substandard medical care that caused your newborn’s injuries, but you should also claim future medical care costs to treat those injuries. In many cases, newborns are left with lifelong injuries that need lifelong care. This care might amount to hundreds of thousands or even millions of dollars in some cases.
Non-economic damages are usually rooted in the emotional and psychological toll of your child’s injuries. Delivering a baby can be a very emotional time as it is. Parents often suffer severe emotional and psychological distress when things go wrong and the child is injured. This pain should not go unnoticed and deserves fair compensation.
If Your Child Was Born with Injuries, Call Our Chicago Birth Injury Attorneys for Help
Call (312) 578-8502 and speak to our birth injury lawyers at the Rhatigan Law Offices about arranging a free evaluation of your claims to begin your case.