Chicago Birth Injury Lawyer

There are a lot of variables that could cause potential harm to a newborn during childbirth, and it is the responsibility of the birthing team to avoid these threats and any harm they would cause a child. When professionals harm a newborn through either neglect or negligence, they need to be accountable for the consequences of their actions and it often makes skilled legal representation to hold them responsible.

At Morrissey Legal Group, LLC, you can find a medical malpractice attorney who is compassionate to clients filing claims for damage caused during C-section, a vaginal birth after a C-section (VBAC) or another catastrophic event. He is committed to helping them earn the outcome they deserve in their legal needs. Attorney Frank Morrissey represents clients throughout the Chicagoland area. He takes the time to answer the questions his clients have to keep them informed about their claims and what comes next.

Common Birth Injuries

Preventable birth injuries can lead to long-term and lifelong disabilities, including:

• Cerebral palsy: An infant whose oxygen supply gets cut off during pregnancy or labor is at risk of developing cerebral palsy. The resulting brain damage can affect the baby’s muscle tone and ability to move their body. There is no cure for cerebral palsy.
• Erb’s palsy: Excessive force or mistakes during childbirth can permanently damage the nerves in the newborn’s shoulder. This nerve damage, called Erb’s palsy, can weaken or even paralyze the affected arm.
• Hypoxic-Ischemic Encephalopathy (HIE): Another birth injury caused by lack of oxygen, HIE usually happens right before or after delivery. It can lead to neurological and developmental problems.
• Bell’s palsy: Improper use of medical instruments such as forceps during delivery can trigger Bell’s palsy, a partial facial paralysis, in the newborn.
• Wrongful death of the mother: Tragically, inattention or medical errors from the delivery team during labor can cause complications that put a mother’s life at risk.

Among the most common negligent errors made during labor by doctors, nurses and other health care professionals that cause birth injuries are:

• Cesarian section delays: When the baby or mother is in distress and a C-section birth is necessary, any delays before the procedure can put both in danger of harm. A doctor who waits too long to operate could be liable for resulting injuries like cerebral palsy, HIE or other brain damage to the infant.
• Vaginal birth after a previous C-section: Research has shown that a woman giving birth naturally after previously delivering via C-section can lead to complications. A doctor who fails to account for a history of C-sections can put mother and baby at unnecessary risk.
• Fetal distress: During labor, it is the medical team’s responsibility to closely monitor the fetus’ condition for signs of distress, such as a lack of oxygen or an irregular heartbeat. Failure to watch for fetal distress and take appropriate action is medical negligence.
• Umbilical cord and other lack of oxygen injuries: A fetus can get the umbilical cord wrapped around its neck and lose access to oxygen. Unless the doctor takes reasonable steps to detect a lack of oxygen, the baby could be born with serious neurological deficits.

Frequently Asked Questions About Birth Injury Claims

Attorney Morrissey knows that when your child has a birth injury and you think you may have a claim, it can be hard to determine what steps to take. Here are some answers to the most common questions he gets from clients.

Is Every Birth Injury A Malpractice Claim?

Not every birth injury will qualify for a medical malpractice claim. For someone to have a legitimate claim regarding monitoring issues that led to fetal distress, a restriction of lack of oxygen or other severe outcome, they need to be able to prove a duty of care that a professional owed, a violation of that duty, the harm from that violation and the resulting damages of that harm. Attorney Morrissey can review your situation to determine the validity of your claim.

What Types Of Compensation Can I Get

The goal of any medical malpractice compensation claim is to provide the victim with the funds they need to cover the costs of their injuries, the recovery process, and for the pain and suffering they experienced. A skilled lawyer can negotiate to maximize the compensation you receive while minimizing the time it takes to earn that outcome in your claim.

What types of birth injuries can be caused by medical negligence?

Many different birth injuries could be caused by negligence on the part of the medical professionals assisting with the birth. Examples include skull fractures due to the use of forceps. Newborns could also suffer from brain damage, spinal cord injuries, cerebral palsy or Erb’s palsy – just to name a few examples. An injury to or death of the mother during delivery can also be considered a birth injury.

How can a birth injury affect the future of my child?

A birth injury can have a major impact on a child’s development and future prospects. Some conditions can last for life – such as cerebral palsy – and may impact the child’s ability to get an education, to start a career, to have a fulfilling marriage and more. Every case is unique.

Who can be held responsible for a birth injury?

Any negligent medical professional can be held responsible. This could be a doctor who improperly used forceps during the delivery. It could be a nurse who gave the child the wrong medication or didn’t provide the needed follow-up care. In some cases, the institution itself – the hospital – may be responsible. This could be true if unsafe doctors were allowed to keep working, for instance, or if medical professionals were not given the tools they needed to assist with the birth safely.

How can I prove that medical negligence occurred during the birthing process?

The key lies in showing that the doctor did not uphold the expected standard of care. As a result of this substandard care, the patient suffered avoidable harm. In some cases, medical experts will testify to show what constitutes the expected level of care and how that was not provided in your case.

Can I claim compensation for lost wages for taking time off to care for my injured child?

Yes. If you directly lost wages caring for your child and attending to them more than anticipated specifically because of the injury, you may deserve compensation for those costs.

How can medical experts contribute to my birth injury case?

Medical experts may be able to help on many fronts. As noted above, they can testify about the type of care or treatment that should have been provided. They may also be able to help establish links between negligence, direct injuries and the costs of those injuries as you seek compensation.

How Long Do Birth Injury Claims Take To Resolve?

There are many factors that can impact the duration of a birth injury claim in Illinois. If the negotiations for a fair settlement go well, it may only take a few months to resolve things, but if the defense in your claim is not cooperative, litigation may be necessary where it takes years to resolve.

Compassionate Representation Through Your Claim

Attorney Morrissey knows the challenges of these claims and is prepared to guide you through your birth injury claim in as little time as possible.

Call 312-815-5856 or reach out online to schedule your free initial consultation with a lawyer you can depend on through your birth injury claim needs.