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Jonathan Rosenfeld

June 24, 2023

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Joliet birth injury attorney

The birth of a child is one of the most memorable and rewarding experiences that parents will ever go through. But, unfortunately, it can also be one of the scariest moments in their lives if complications arise during delivery.

It’s important to understand that even when medical professionals are on hand to assist with childbirth, injuries and fatalities can occur. When they do, a personal injury lawyer at Rosenfeld Injury Lawyers, LLC will fight for your rights and help you get compensated for your losses.

Contact an experienced Joliet 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 our legal team concerning your birth injury case remains private through an attorney-client relationship.

Devastating Birth Injuries Alter Families’ Lives

The birth of a child is one of the most memorable and rewarding experiences that parents will ever go through. But, unfortunately, it can also be one of the scariest moments in their lives if complications arise during delivery.

While expecting parents may feel confident about their choice to have a natural childbirth experience with minimal medical intervention, they should still understand that many things can go wrong at any given time.

Even when everything goes as planned, studies show that approximately six to eight babies out of every 1,000 born suffer from birth injuries or even death because something went wrong during delivery.

Financial Harm through Medical Malpractice

The inability to obtain compensation for birth injuries can have devastating consequences. So many things can go wrong during the birthing process, which is why it is important to understand your rights in case of an injury or death.

The most common birth injuries that can cause long-lasting health issues and require lifelong medical care include:

  • Cerebral palsy
  • Erb’s palsy
  • Brachial plexus injury
  • Hip dislocation

When a child is born with one of these injuries, it is often the result of medical malpractice, faulty equipment, or some other negligent act of the hospital.

That is why it’s important to speak with a qualified birth injury attorney about your rights and compensation options if you’ve had a baby born with an injury.

The Need to File a Medical Malpractice Claim

Raising children with mental and physical disabilities is emotionally and financially taxing on the family. They must provide extensive medical care and watch their children suffer throughout their development.

Don’t go through this alone—contact an experienced birth injury attorney at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation.

Our legal team understands that these are difficult circumstances, which is why we are committed to fighting for your rights.

The Joliet cerebral palsy attorneys of Rosenfeld Injury Lawyers LLC are dedicated to helping these families access the resources they need and recover the compensation they deserve when their children have cerebral palsy due to the negligent actions of a medical professional.

We want to allow you to have the peace of mind that comes with knowing your child’s needs will be met long after you cannot provide for them on your own and will do whatever it takes to ensure this goal is met.

Complicated Delivery, Medical Negligence & Oxygen Deprivation

Our Joliet personal injury lawyers have represented many families whose lives were forever changed after pregnancy or delivery complications.

In many of these cases, the fetus was deprived of oxygen during the birthing process, leading to severe complications or death during the baby’s birth.

Oxygen deprivation during a baby’s birth can lead to a variety of health issues, including:

  • Cerebral palsy
  • Autism spectrum disorder
  • Seizures

In the worst-case scenario, this can result in death. It is why it’s so important that doctors and nurses work quickly to address any possible problems during labor and delivery.

Why it’s important to understand your rights in case your child was deprived of oxygen during birth and suffered an injury or death as a result.

What Parents Need to Know About Cerebral Palsy

The effects of cerebral palsy can be life-long, which is why the medical professionals who were responsible for caring for the baby should be held accountable for their negligence.

It is one of the reasons that parents of children with cerebral palsy should contact a quality birth injury attorney as soon as possible after the child is born and medical records are available.

  • Cognitive issues
  • Motor function impairment
  • Sensory processing issues

The sooner you speak with a qualified attorney, the sooner you will have legal representation that can help you protect your child’s rights.

Types of Medical Negligence That Lead to Birth Injuries & Cerebral Palsy

There are many forms of medical negligence that can lead to a birth injury. Below are some examples:

  • Failure to properly monitor the fetus during the pregnancy
  • Failure to provide proper prenatal care to the mother during her pregnancy
  • During labor, failure to properly monitor or respond on time to fetal heart rate or other warning signs of issues with the baby
  • During delivery, failure to properly monitor or respond promptly when fetal heart rate or other warning signs indicate there may be a problem

In many birth injury cases, medical professionals were overwhelmed when complications arose while caring for numerous patients simultaneously. Often, staffing problems and overwork are not reflected in the child’s medical records.

Taking Care of a Child With Cerebral Palsy Can Cost Millions

It is not uncommon for our Joliet cerebral palsy lawyers to seek millions of dollars in damages on behalf of our clients.

Children with cerebral palsy will require ongoing medical treatment and therapy throughout every stage of development and into their adult lives.

Parents of these children worry about what will happen to their children in the event of their passing or inability to provide, and we don’t feel that any parent should need to endure such stress without support.

Some instances of this condition cannot be prevented. Cases arise from the failure of medical professionals to notice that a child has been injured at birth.

Very simple treatment options are often sufficient to prevent the condition when performed promptly. For this reason, the financial burden of providing for a lifetime of care should rest on the shoulders of the hospital and staff members responsible for your child’s injuries.

Types of Injuries That Result in Joliet Medical Malpractice Lawsuits

The most common cause of cerebral palsy in infants is the deprivation of oxygen to the brain during labor or immediately following birth.

Several injuries can result in hypoxia, which can include the following:

  • Fetal distress during labor: It is the duty of attending staff to monitor the condition of the child when a mother is in labor and to report any abnormalities to the doctor in charge of delivery. It is then the doctor’s responsibility to order an emergency C-section if the child’s life is in danger or the child is at risk of permanent brain damage.
  • Membrane ruptures: If the membranes are ruptured for longer than 24 hours, the child could be deprived of oxygen for an extended period, resulting in the development of cerebral palsy or other complications.
  • Misinterpretation of test results during pregnancy and following birth: The failure of technicians to conduct tests properly or doctors to interpret the results may have catastrophic consequences that alter the child’s life forever.
  • Jaundice and complications linked to elevated bilirubin levels: Bilirubin is a substance often produced when the body experiences an injury and is not harmful later on in life. Newborns’ livers are unable to remove this substance from the blood, however, resulting in jaundice and several other medical complications, including cerebral palsy.
  • Infections: Can cause an immune response in young children during pregnancy or following birth, resulting in brain damage when not treated promptly.
  • Misdiagnosis, a delayed diagnosis, or failure to diagnose: When a child experiences complications that prevent oxygen from reaching the brain for an extended period, the child’s injuries are likely to follow.

Medical malpractice is defined by the failure of medical workers to meet their duty of care to their patients. We can investigate a medical malpractice claim and likely prove any typical medical staff in the same situation would have responded differently.

Birth injuries can result in lifelong medical issues and emotional distress for both parents and children. If negligence can be proven in a cerebral palsy case, victims have the right to file a civil suit against those responsible.

Our Joliet, IL legal team can argue negligence or malpractice to ensure you receive the compensation you’ll need to cover the cost of your child’s medical care, lowered quality of living, loss of opportunity, and pain and suffering.

You can also recover damages to cover the emotional and financial suffering that you and your family must endure as you watch your child struggle to thrive.

Contact Experienced Birth Injury Lawyers

A lawsuit can provide financial compensation for past and future medical costs, pain and suffering, loss of quality of life, and lost income. Families may also be eligible to file a wrongful death lawsuit if medical malpractice led to the child’s injury that caused their death.

If you believe your child has cerebral palsy or any other birth injury due to negligence, contact our personal injury law firm today for a free consultation.

We have years of experience in resolving birth injury cases and serve clients throughout Illinois, including in Cook County, Kendall County, Kane County, Grundy County, Will County, Sangamon County, Winnebago County, and others.

Resources for Families Caring for Children With Cerebral Palsy

In addition to seeking the compensation you need to care for your child, some resources are available for your family through the United Cerebral Palsy Sequin of Greater Chicago.

From employment and life skills training to Community Integrated Living and accessibility services, this organization provides the support you need to help your child grow and transition into adulthood.

To learn more about this organization’s services, you can visit or call (708) 863-3803.

Filing a Wrongful Death Claim Citing Medical Negligence

Any surviving family member who lost a mother or child during pregnancy, labor, delivery, or in the months following the birth can file a wrongful death claim. Our Joliet personal injury lawyers currently represent many qualifying family members, including spouses, children, grandchildren, parents, and grandparents who lost a loved one through medical errors.

These medical malpractice cases typically require the use of a wrongful death attorney to prove negligence and file legal actions on behalf of the surviving family against medical service providers, such as hospitals and doctors.

Proving the case will require showing the four elements of negligence, including:

  1. The hospital or doctor had a duty of care to ensure their patients’ safety
  2. The responsible parties failed in their duty of care, leading to a medical error
  3. The injury occurred because of that failure, leading to birth injuries or death
  4. That failure was the proximate cause of the child’s suffering, personal injury, or death

Wrongful death claims are based on negligence laws that require medical professionals to act as reasonable healthcare professionals would under similar circumstances. If they fail to do so, then medical malpractice can occur.

Proving that another doctor, nurse, or medical staff would have acted differently is often the best way to win a preventable death case.

The Illinois Statute of Limitations

Every victim harmed through someone else’s negligence has a legal right to file a medical malpractice case under Illinois law. However, the state’s statute of limitations limits the victims’ time to file personal injury cases seeking financial compensation.

Specifically, and Illinois, that time limit is restricted to two years after the victims turn 18. Therefore, families must act quickly to ensure their legal rights are protected.

However, there are extenuating circumstances that could extend the time limit for filing a medical malpractice claim.

Some examples include:

  • Proving that the health care providers intentionally delayed filing the claim to make it more difficult, or
  • If the negligence involves a foreign object left inside the body, the time limit is extended to three years

For more information about your legal options and to discuss your medical malpractice case involving birth injuries with a Joliet medical malpractice attorney, call (888) 424-5757.

Your lawyer can work to ensure that you receive full and fair compensation for your damages.

Financial Settlements and Awards in a Birth Asphyxia Case

Any newborn complications during the birthing process could be permanently injured or die due to a medical error.

Children suffering from birth asphyxia often face a lifetime of medical issues resulting from oxygen deprivation.

Some of the most common birth asphyxia defects include:

  • Bradycardia: When a baby’s heart rate decreases to below normal levels
  • Hypotension: This is when a baby’s blood pressure drops significantly before or during birth
  • Pyrexia: When a baby’s body temperature becomes abnormally high
  • Apnea: When a baby stops breathing for more than 10 seconds

Although the mother and family members experience immense pain after losing their child or baby, they can file an Illinois wrongful death claim against medical professionals to receive financial compensation to pay for the child’s mounting medical expenses and lifetime care.

According to data, possibly 95% of all medical malpractice cases and wrongful death lawsuits are resolved through a negotiated settlement. However, less than 5% go to trial, where evidence is present before a judge and jury.

With the right lawyer specializing in childbirth injury cases, the family should expect to receive financial compensation to pay damages, including:

  • Hospitalization costs and medical expenses
  • The family’s lost wages
  • The child’s future lost earnings
  • The child and families diminished quality of life
  • Emotional distress, pain, and suffering

In a birth asphyxia case involving brain damage or cerebral palsy, the final settlement amount will vary. In 2017, a family received $26 million in a birth injury lawsuit against Advocate Christ Medical Center in Illinois.

In another case, in 2021, a newborn suffered significant health challenges from birth asphyxia. Although the baby received a full recovery, he still has some impairment issues. The family settled their case for $15 million.

The amount of compensation awarded to families in birth asphyxia cases depends on some factors, including:

  • The severity of injuries and disabilities
  • Whether any pre-existing medical conditions complicated the pregnancy and delivery
  • The family’s economic circumstances, including the number of children, education level, and earning potential

If financial losses can be proven with medical evidence, then a judge will not approve the settlement.

For example, if evidence shows that the child will require private school or tutoring until graduation from an Ivy League college, the settlement amount could increase.

Because all birth injuries are not the same, it is important for families or their loved ones to speak with a medical malpractice attorney about filing an Illinois wrongful death claim against negligent physicians and medical staff members.

Call (888) 424-5757 for more information about your legal options and discuss your medical malpractice lawsuit involving birth injuries with a Joliet medical malpractice attorney.

Your lawyer can work to ensure that you receive full and fair compensation for your damages.

Joliet birth injury lawyers

Let Our Birth Injury Lawyers Review Your Joliet Medical Malpractice Case for Free

Has your child suffered a birth injury?

If so, you may be entitled to compensation for out-of-pocket costs and medical bills associated with their disabilities. Rosenfeld Injury Lawyers LLC has extensive experience and access to medical specialists and economists who can help place an appropriate value on your case.

Our previous success will eliminate your wondering whether your child will have access to the care and resources needed to live well into adulthood.

Call our Joliet, Illinois, personal injury law firm so that you can speak with an award-winning Joliet cerebral palsy attorney about your claim.

We will review the medical records surrounding your child’s birth and assess their needs throughout life to let you know what you can expect going forward and how we can help.

Our personal injury legal services are offered solely on a contingency fee basis, so you will never need to worry about whether you can afford the legal fees needed to pursue compensation.

Likewise, if our Cook County law office cannot secure compensation on your behalf, our services will cost nothing.

Joliet Birth Injury Lawyers Resources:

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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