- Evanston Cerebral Palsy Lawyers
- Medical Malpractice Cases: Why Birth Injuries Occur
- The Cost of Caring for a Child with Cerebral Palsy
- Birth Injuries That Can Lead to Evanston Cerebral Palsy Litigation
- Statute of Limitations and Filing a Medical Malpractice Claim
- Medical Malpractice Lawsuits Time Limit by Illinois Statute
- The Statute and the Illinois Supreme Court
- Recent Medical Malpractice Cases Involving Hospital Negligence at Health Care Facilities
- Medical Negligence Leading to Wrongful Death
- Available Resources for Families Needing to Care for Disabled Children
- Put our Evanston Cerebral Palsy Law Firm to Work on Your Behalf
- Evanston Birth Injury Lawyers Resources:
Evanston Cerebral Palsy Lawyers
When a baby is born with permanent injuries, the parents are left to live with the consequences. Families in Illinois who experience birth injury often do not know what to do next. They may feel helpless and overwhelmed at this time of their lives.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys will help you get an official diagnosis and make sure your family receives all the treatment it needs, as well as any financial support it deserves under state law.
In addition, our Evanston birth injury attorneys have helped hundreds of children and families like yours with serious injuries caused by negligence during childbirth in Cook County, DuPage County, Lake County, Chicago, Evanston, Skokie, Naperville, and throughout Illinois.
Contact an Evanston personal injury lawyer at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation. All confidential or sensitive information you share with your experienced birth injury attorney remains confidential through an attorney-client relationship.
Medical Malpractice Cases: Why Birth Injuries Occur
According to the National Institute of Health, birth injuries often happen during pregnancy, labor, and delivery because of medical malpractice. However, the child’s injury should not be shrugged off. The injury can affect the baby for life as well as the family.
Some of the most common birth injuries include:
- Erb’s Palsy – An injury to the arm and shoulder, also known as brachial plexus palsy, is caused by damage to nerves in the shoulder and arm during birth. As a result, the brain signals for arm and hand movement are interrupted, leading to paralysis or lack of feeling in that part of the body.
- Brain Injury is caused by trauma during labor and delivery, such as the head not being adequately guided through the birth canal.
- Cerebral palsy is an injury that affects the brain, spinal cord, or nerves caused by an injury before, during, or after birth. Cerebral palsy is characterized by muscular weakness and imbalance and rigid muscles, tremors, and changes in gait.
- Amputation of Fingers – Occurs when a baby’s fingers are stuck between the mother’s pelvic bone during delivery.
- Herniated Diaphragm – The diaphragm can be damaged or herniated at birth when it tears and allows abdominal contents to move into the chest cavity.
Essential steps to take if you suspect medical malpractice among doctors at Northwestern, McGaw Medical Center of Northwestern University, Evanston Hospital, and more include:
- Report the birth injury to hospital management, administration, and your doctor immediately
- Request a copy of the delivery video of your child’s birth and view it carefully with birth injury attorneys to determine if there are any signs of medical mistakes or errors on the part of the doctors involved
- Contact the hospital’s Risk Management Department to file a formal complaint
- Obtain copies of the medical records that document your child’s treatment
- Secure a second opinion from a medical team not associated with the hospital or professionals involved in the pregnancy, labor, or delivery of the infant or mother harmed through medical malpractice
- File a claim to ensure you receive maximum compensation for future medical expenses
To learn more about birth injuries, contact your experienced personal injury law firm today at (888) 424-5757 or through the contact form for the knowledgeable information you need now. We are here to help 24/7!
The Cost of Caring for a Child with Cerebral Palsy
Children diagnosed with cerebral palsy will require extensive medical care and therapy.
Unfortunately, it is easy for the bills associated with this care to mount quickly and become an undue burden on the families of these children, whose circumstances may have resulted from negligent treatment during or following their births.
In addition to needing to shoulder these costs, parents must consider having one of the breadwinners stay at home to tend to the child’s needs, reducing the family’s income and placing even greater stress on their finances.
Cerebral palsy has several causes, but negligent medical care can be linked to many of the cases we see. For example, the child may be injured during labor or after birth, and the attending medical staff fails to respond appropriately.
Failing to provide care turns an easily treated condition into a disability that impacts the child’s quality of living for a lifetime, and we feel that it is wrong to force the child’s family to need them to carry the financial burden of caring for their injured child on top of that.
Birth Injuries That Can Lead to Evanston Cerebral Palsy Litigation
Hypoxia occurs when the brain is deprived of oxygen from asphyxiation or blood loss during or following birth.
Hypoxia is one of the most common causes of cerebral palsy, and the child must be monitored constantly while the mother is in labor so that the doctor can detect symptoms of distress.
Here are some injuries that can occur during and after birth to cerebral palsy.
- Membrane ruptures – if the membranes are ruptured for longer than 24 hours, the child could be deprived of oxygen for an extended period, developing cerebral palsy or other complications.
- Jaundice and related complications – jaundice is a sign of elevated bilirubin levels, damaging newborns’ brains because the liver cannot process this substance at a young age. Since jaundice is very easy to detect, it is inexcusable for attending staff not to notice and treat this condition promptly.
- Fetal distress – numerous injuries can result from fetal distress, so the child’s vital signs must be monitored carefully. In addition, symptoms of distress may prompt a doctor to order a C-section to protect the child. Failure of the doctor to order this procedure could be considered negligent if the child is injured.
- Infections during pregnancy or following the birth can cause an immune response in young children, resulting in brain damage when not treated promptly.
- Negligent surgical procedure – Any surgical errors occurring in the operating room can lead to a permanent disability requiring lifelong medical attention
If your child was injured or suffered from complications that contributed to the development of cerebral palsy, it is important to determine whether those providing their care acted appropriately.
Could the injuries have been prevented through more responsive care? If so, you may be able to argue medical malpractice and recover the compensation that you and your family deserve for the cost of medical and rehabilitative care, therapy, out-of-pocket expenses, and pain and suffering.
Statute of Limitations and Filing a Medical Malpractice Claim
In Illinois, family members dealing with their child’s injury caused by substandard care at hospital facilities can file a medical malpractice case citing doctor or facility negligence. However, the time they must file a claim is based on the Illinois statute of limitations.
Under Illinois law, medical malpractice claims must be filed within two years after medical treatment, the discovery of harm, or knowledge that the injury was caused by substandard care.
Failure to file a claim before the expiration of this time limit will result in their case being barred according to Illinois state law 720 ILCS 5/13-202.
Medical Malpractice Lawsuits Time Limit by Illinois Statute
Under the law, a victim or their legal representative must file a lawsuit within two years after the alleged act of medical negligence.
If you have questions about how to handle your medical malpractice lawsuit in Evanston, contact our Chicago personal injury lawyers today for an evaluation of your case FREE of charge.
The statute of limitations for filing a medical malpractice lawsuit in Illinois is two years after the negligence that allegedly caused injury occurred or two years after the date when an injury that required treatment should reasonably have been discovered. Even so, the statute limits the time to no later than five years after the incident.
In other words, if your lawsuit is filed on time, the Illinois statute of limitations on medical malpractice claims does not prevent you from filing a lawsuit against negligent healthcare providers.
The Statute and the Illinois Supreme Court
For example, if treatment for an injury were provided three years before the filing date, it would be barred by the statute. Another example reflecting the two-year window involves a patient who suffers an injury but does not receive treatment until several months later.
In these birth injury cases, the statute of limitations may be tolled, which means it is paused or suspended until two years have passed or the applicable discovery rule has been satisfied.
Illinois has no exceptions to the statute of limitations for minors. In addition, the Illinois Supreme Court has declared no distinction between an adult patient and a minor patient regarding the filing requirements.
Recent Medical Malpractice Cases Involving Hospital Negligence at Health Care Facilities
Numerous medical malpractice cases in Cook County have highlighted the damaging effects of medical malpractice by hospitals and medical teams, harming children and mothers through medication errors and negligence.
In addition, some birth injury cases involve product liability or defective equipment or devices that were used that immediately or eventually harm the patient.
Some of these birth injury cases include:
- In Evanston, Illinois, in 2021, a young child was diagnosed with permanent disabilities caused by professional medical negligence. The child’s injury involved a lack of oxygen and blood clotting due to the defendant’s nursing staff’s failure to perform necessary monitoring and maintenance on a home ventilator machine.
- In Chicago, in 2020, a doctor was held legally liable for malpractice when a young child suffered a preventable brain injury during delivery. In this case, the medical professional failed to diagnose the child’s fetal distress, resulting in an injury that left the child with neurological damage.
- In Chicago, Illinois, in 2021, a young mother died after being discharged from the hospital following childbirth due to negligence on the health care provider, including leaving her unattended for abdominal pains. As a result, the woman suffered cardiac arrest and died the following day.
- In North Chicago, in 2020, a child was rushed to the hospital following a fever and seizures due to an untreated urinary tract infection. The young child suffered brain damage because of the medical error.
These cases highlight how easily medical mistakes can happen and how quickly they can have lasting effects on patients and their families. That is why medical professionals must always follow protocol.
Do you believe a hospital has been negligent in treating you, or have you suffered health problems due to faulty equipment? If so, contact the Chicago, IL, medical malpractice attorneys from our personal injury firm today for a free consultation about your case.
Our Chicago personal injury attorneys will help you determine whether you have a case against a negligent healthcare provider. In addition, national trial lawyers are available to ensure your family receives maximum financial compensation to pay for all current and future medical bills.
Medical Negligence Leading to Wrongful Death
Every family member who lost a loved one through medical negligence that led to a wrongful death has the legal right to file a civil lawsuit seeking compensation.
An experienced birth injury attorney can file a claim on behalf of the family, using the legal system to secure financial compensation.
Our legal team can ensure that the family receives funds for:
- Hospitalization and medical expenses
- Lost wages and future lost earnings
- Loss of companionship due to the wrongful death of your loved one
- Funeral & burial costs
- Pain and suffering that the family is enduring because of their loss
Our super lawyers are standing by to hold the hospital staff, medical experts, and others legally accountable for their lack of maintaining ethical standards when providing your loved one care during the pregnancy and birthing process.
Available Resources for Families Needing to Care for Disabled Children
Many families don’t realize that something went wrong during delivery until months or years later when they see unexplained symptoms like developmental delays, learning disabilities, or behavioral problems in their child.
An experienced birth injury lawyer can help you understand your rights under Illinois law and guide how to proceed with your case.
The Chicago Cerebral Palsy Sequin of Greater Chicago helps families across Evanston and the Chicago suburbs by helping their children acquire the skills they need to survive as adults and through Community Integrated Living and accessibility services.
These resources are valuable for parents who fear what may happen to their children once they are alone. To learn more, visit http://ucpseguin.org/ or call (708) 863-3803.
Put our Evanston Cerebral Palsy Law Firm to Work on Your Behalf
Our Chicago, IL, birth injury lawyers have fought for thousands of families whose children were injured at birth and have recovered millions of dollars in compensation to provide the care their children deserved.
If you feel your child was injured by medical errors or negligence, we would like to hear your story.
Contact our Chicago, IL, birth injury lawyers for immediate legal advice. In addition, arrange a free consultation with an award-winning, experienced birth injury attorney serving Evanston, IL, so our law firm can review your legal options and answer any questions you may have.
To prepare your case, our Evanston medical malpractice lawyers will review your medical records and consult with medical specialists to determine how your doctor breached their duty of care. At that point, we will advise you on the best way to proceed with your suit.
Our birth injury lawyers serving Evanston, IL, accept all cases to recover compensation on a contingency fee basis.
This promise ensures you will not pay any upfront fees to our legal practice until our outstanding lawyers secure compensation on your behalf through a negotiated settlement or jury trial verdict.
Our birth injury lawyers represent clients in various practice areas, including medical malpractice cases, car accidents, abuse, product liability, premises liability, wrongful death, neglect, and sexual assault.