Expectant mothers and fathers enter into delivery rooms with high hopes for their baby’s bright future. Unfortunately, mistakes sometimes occur with tragic consequences. Delivery room mistakes can lead to a lifetime of physical and cognitive challenges for a baby. Furthermore, families with a child who has sustained a birth injury also may be under immense financial strain.
In these situations, a skilled attorney could help the family pursue a lawsuit to cover their losses. If you believe that your child suffered preventable injuries during the birthing process, a Decatur birth injury lawyer may be able to help you obtain compensation from the at-fault party.
What are Birth Injury Lawsuits?
If a child sustains a birth injury, the parents may be able to file a malpractice claim against the delivering obstetrician, hospital, nurse-midwife, or other medical professionals. To succeed with a birth injury claim, the family and their experienced lawyer would need to show that the healthcare provider was negligent.
To establish negligence, the family must show that the healthcare provider’s actions fell below the standard of care for medical providers in that area. Additionally, they must demonstrate that those actions directly led to the baby’s birth injury. Our team can evaluate your potential case, arrange for medical records to be reviewed by the appropriate medical experts, and get answers for families in Decatur regarding potential birth injury cases.
Medical Mistakes that Cause Birth Injuries
When a healthcare provider makes a mistake that causes a birth injury, the baby’s family could pursue legal action. Most commonly, birth injury claims involve the following medical errors:
- Improper use of medical tools, such as vacuums and forceps:
If a doctor is not careful with forceps or a vacuum, they can cause serious damage to a child’s head, neck, and chest.
- Failure to order a C-section as soon as medically necessary:
If an obstetrician fails to notice that a fetus is in distress during labor, that fetus could be deprived of necessary oxygen or suffer other injuries.
- Hypoxia or lack of oxygen:
If a baby does not get enough oxygen during delivery, i.e., due to an umbilical cord issue, they can later develop extensive mental and physical problems.
- Failure to perform necessary prenatal testing
- Failure to recognize problems that require referrals to high-risk specialists
- Failure to recognize problems such as infections, placental abruptions, or previa
If a baby suffers a birth injury due to a medical professional’s mistake, a dedicated attorney could help their family seek justice for that error, and hopefully obtain compensation to help provide for the child’s needs in the future
Common Types of Birth Injuries in Decatur
Sadly, injuries suffered at a child’s birth can lead to a lifetime of physical, cognitive, and emotional impairments. Some of the more common types of birth injuries are as follows:
- Brain damage
- Head injuries
- Shoulder dystocia or fractures
- Cerebral palsy
- Erb’s palsy
- Facial nerve injuries such as paralysis
- Neck injuries such as torticollis
Our local attorneys have extensive experience investigating birth injuries and could work tirelessly to help ease a family’s suffering.
Statute of Limitations for Birth Injury Claims
Fortunately, the state of Illinois has a generous statute of limitations for these types of cases. According to 735 ILCS § 5/13-212(b), families generally have eight years to bring suit after a birth injury. Even though the state of Illinois gives a significant amount of time to file a claim, it is still crucial to meet with a qualified attorney as soon as possible after a birth injury in Decatur. A prompt, successful settlement could give a family the means necessary to care for their injured child.
Call a Compassionate Decatur Birth Injury Attorney
If you suspect that your child suffered a birth injury because their medical care provider was negligent, there are legal options for recovering compensation and holding that person accountable. Reach out to an experienced Decatur birth injury lawyer to learn your legal options for filing suit. Call our office today.