Doctors, nurses, and other healthcare professionals who assist with the process of childbirth have some of the most important and high-stakes jobs in the medical field. One mistake by someone entrusted with a pregnant woman’s care could not only result in serious consequences for the mother, but potentially permanent disabilities or disfigurements for the infant.
Any time medical negligence occurs during childbirth and leads to physical harm, legal action may be possible with help from a qualified attorney. A compassionate Bloomington birth injury lawyer could review your circumstances with you in a private setting, determine what grounds you may have for litigation, and work tirelessly to seek restitution for the full value of your family’s losses.
What Could Justify a Birth Injury Claim?
Healthcare providers have to duty to do everything they can to ensure a healthy and safe birth for both mother and child. Most of the time, injuries that occur during childbirth can be traced back to a reckless or careless medical error like misdiagnosis of a dangerous condition or illness, misuse of tools like forceps, medication errors, failure to act quickly in response to complications, or even a failure by attending physicians to communicate effectively with other staff members.
Regardless of what specific form medical negligence takes, the impact it can have on a newborn child and their mother is often catastrophic. Newborns are incredibly susceptible to physical trauma before, during, and immediately after birth. Mistakes by medical professionals during childbirth can result in serious trauma to the collar bone, skull, spine, and vascular system of a newborn, any of which could produce disabilities and/or disfigurements that last the rest of that child’s life.
To make matters more complicated, civil litigation alleging malpractice by a healthcare provider is significantly harder and involves a number of additional rules and restrictions compared to other types of personal injury claims. Anyone who suspects that their or their child’s medical trauma stemmed from medical negligence should speak with a birth injury attorney in Bloomington as soon as possible to ensure they understand their legal options.
Pursuing Compensation Within Statutory Deadlines
Since injuries suffered during childbirth often have life-altering repercussions, civil recovery must account both for losses that have already occurred and for losses that will occur in the future. In addition to emergency medical expenses, lost earnings from work, and newfound childcare expenses, a birth injury lawyer in Bloomington could also help a family seek restitution on behalf of their newborn for loss of life expectancy, physical and mental pain, and loss of enjoyment of life.
Fortunately, the statute of limitations codified in 735 Illinois Compiled Statutes §5/13-212(a) is a bit more generous for many birth injury cases than it is for standard medical malpractice claims. As opposed to only two years after the discovery of injuries and four years following the actual date of the injury, a prospective plaintiff in a birth injury lawsuit may file suit up to eight years after the injury to their newborn child.
Talk to a Bloomington Birth Injury Attorney Today
Any injury that happens during childbirth can have dangerous and even deadly consequences, especially if it stems from irresponsible or careless behavior by a physician. However, filing suit over this kind of injury can be a uniquely complex endeavor, especially if you try to do so without guidance from an experienced legal professional.
A knowledgeable Bloomington birth injury lawyer could serve as a crucial ally in your fight to get the compensation you and your child deserve for the harm you both suffered. Call today for a free and confidential consultation.