Naperville Birth Injury Lawyers
Birth injuries are preventable, but they can happen to anyone. Even if you're healthy and your pregnancy is progressing normally, complications can still arise.
Pregnant women and their families are at risk of experiencing serious birth injuries, leading to lifelong physical and financial harm.
At Rosenfeld Injury Lawyers LLC, each personal injury attorney understands parents' turmoil when caring for children with mental and physical disabilities.
Call us at (888) 424-5757 for immediate legal advice and a free consultation. All confidential or sensitive information you share concerning your personal injury lawsuit with our legal team remains private through an attorney-client relationship.
Our Naperville, IL personal injury attorneys work tirelessly to ensure that our clients have the financial compensation needed to provide for their children. The fund should provide victims sufficient monetary recovery for every stage in their lives and the support and resources to ensure they live the best life possible.
The U.S. Centers for Disease Control and Prevention (CDC) reports that in 2000 alone, 4 million babies were born prematurely in the United States, resulting in nearly $26 billion in health care costs and lost productivity from infant deaths or disabilities related to premature birth.
In addition, more than half a million pregnant women suffered from complications during delivery that required medical attention beyond routine prenatal checkups. Unfortunately, these numbers have not improved much since then.
According to CDC statistics released just last month, over 50% of American babies are now born preterm or too small for their gestational age category - which is a factor associated with an increased risk of cerebral palsy (CP). Maternal mortality rates have been steadily rising since 1987 despite advances in medicine and technology.
If your child's condition was the result of an injury during or following birth, it could be possible that your doctor or attending staff failed to meet their duty of care, making you entitled to compensation for all of your expenses along with the emotional and physical suffering you and your child must endure.
The Financial Toll of Caring for a Child With Birth Injuries
Considering the many years of care required to provide for a child with a disability, it is not surprising to learn that most children with cerebral and Erb's palsies will require millions of dollars to cover the full extent of their financial responsibility.
Our personal injury law firm has recovered numerous multi-million dollar settlements and judgments for families that have needed the peace of mind that comes with knowing their children will be cared for long after they cannot provide what they need.
Not all birth injury cases can be linked to medical negligence, but many of them can be prevented.
The most common form of malpractice that results in CP or Erb's palsy at birth is the failure of medical professionals to recognize or treat injuries.
Most of these injuries are minor but cause catastrophic damage to the brain when left untreated for an excessive period. The simplicity of treatment and supervision needed to prevent palsy in these instances is why we feel negligent workers and their employers should be held accountable for their wrongs.
The Birth Injuries That Often Lead to Naperville Cerebral Palsy Lawsuits
Hypoxia is the medical term used to describe oxygen deprivation in various forms, and it is the greatest cause of cerebral and Erb's palsies during or following birth.
When the brain stops receiving the oxygen it needs, permanent damage can result. Following are some of the injuries that could cause palsy:
- Ruptured membrane: When the membrane becomes torn or ruptured, it places the infant in a state of distress, and doctors have less than 24 hours to act to prevent long-term damage. The failure to notice a ruptured membrane may be considered negligent and the medical facility can be held liable.
- Inaccurate test results: It is extremely important that technicians do their jobs properly, as the information they return to doctors is instrumental in how they choose to proceed with care. When test results are inaccurate, the child can suffer life-changing injuries. Misinterpretation of test results can have the same impact.
- Fetal distress: Numerous injuries can result from fetal distress, which is why the child's vital signs need to be monitored carefully. In addition, distress symptoms may prompt a doctor to order a C-section for the protection of the infant, and the failure of the doctor to order this procedure could be considered negligent if the child is injured as a result.
- The presence of bilirubin in the blood: Bilirubin is a substance that is produced in response to very common injuries suffered at birth. While later on in life, it is not harmful, the liver cannot process it at such a young age, and it can damage the brain when it builds up in the blood. The most common sign of elevated bilirubin levels is jaundice, and when treated properly, there are normally no complications.
Doctors and their attending staff members have a responsibility to meet a standard of care expected of anyone in their position, which is why it is possible to secure damages if they fail to live up to that duty of care.
Any breach in that duty could lead to medical malpractice. The medical professional pays the injured party through their insurance companies; after a thorough investigation, negligence caused the problem.
Hypoxic-Ischemic Encephalopathy and Medical Malpractice
Our Naperville personal injury attorneys have handled many cases involving childbirth resulting in hypoxic-ischemic encephalopathy caused by medical negligence. These personal injury cases typically lead to permanent disability, emotional pain, and the need for future medical expenses and care.
According to the National Institute of Health, hypoxic-ischemic encephalopathy is caused by a failure of doctors, nurses, and technicians to monitor a child's vital signs throughout the birthing process.
They should identify the signs of an impending birth injury before any physical damage to the brain. The failure to do so can lead to catastrophic damage that could result in permanent disability for the child or, worse, wrongful death.
Horrific Child Injury Cases Caused by Medical Malpractice in Naperville
Our personal injury law firm has handled and reviewed many horrific medical malpractice cases where accident victims suffered traumatic brain injuries, spinal cord damage, and amputations during the child's labor and delivery.
Some malpractice cases include:
- In Naperville, IL, in 2021, a child was severely injured during delivery when a metal clamp hit the mother's sciatic nerve and crushed it. As a result, the baby's brain was deprived of oxygen for a significant amount of time, leading to a brain injury that caused palsy and blindness. Her trial lawyer resolved her case against the liable party promptly.
- In Cook County, IL, in 2019, a newborn suffered from an Erb's Palsy due to negligent delivery by a doctor who used excessive force to deliver the baby. Physical therapy is required throughout childhood and into adulthood as a result of this medical malpractice case.
- In DuPage County, IL, in 2019, a child was deprived of oxygen and suffered from hypoxic-ischemic encephalopathy during birth due to negligence by doctors and nurses. As a result, the child had a seizure after birth and will require intense medical care for the rest of their life.
- In Will County, IL, in 2018, a newborn experienced breathing difficulties during delivery due to the negligent actions of doctors and nurses administering anesthesia at birth. The child will have to live with chronic lung disease as a result. The child's Chicago, IL personal injury lawyer secured financial compensation to pay for the devastating consequences of a personal injury claim.
- In Waukegan, Lake County, in 2020, during the pandemic, a newborn lost her life during delivery when a nurse administering a C-section cut the infant's brachial plexus, causing them to bleed out and lose blood pressure.
- In Kane County, IL, in 2019, a child developed pneumonia and sepsis during birth due to negligent care by doctors who failed to check vital signs properly throughout labor and delivery. As a result, the newborn required emergency surgery to remove a portion of her lung and required extra care for the rest of her life.
- In McHenry County, IL, in 2019, a newborn was deprived of oxygen during birth due to negligence by nurses who failed to administer CPR immediately following vaginal delivery. The child's injury led to palsy as a result of medical malpractice.
- In Kendall County, IL, in 2021, a newborn lost oxygen during labor and delivery due to the negligent actions of doctors who failed to read fetal monitoring strips. As a result, the child's brain was deprived of blood flow for an extended period, resulting in severe hypoxic-ischemic encephalopathy. Medical records revealed that the baby would require intense medical care for life.
The Statute of Limitations for Birth Injuries
In Illinois, the state legislature restricts how long an accident victim or surviving family members can file a compensation claim for damages.
For example, the statute of limitations for childbirth injuries is two years, which puts an unfair time limit on the suffering of victims.
However, extenuating circumstances could put the two-year mark on the distant side of when an injury occurred. For example, if a child is born with brain damage and doctors replace some of its blood with oxygenated blood to stave off long-term injuries, it could result in chemical changes that cause the brain damage to show up later than usual.
This type of situation could also factor into medical negligence cases involving misdiagnosis or delayed diagnosis. For example, if your child was diagnosed with cerebral palsy because of a doctor's negligence, you might not know about it for several years.
However, this discovery could lead to a medical malpractice discovery that changes the two-year window in your favor if you can prove that the brain damage was caused by the negligence of a health care worker.
Access to Vital Resources for Anyone Caring for a Family Member with Cerebral or Erb's Palsies
While it is important to recover the compensation needed to care for your child, it is equally vital that you have access to the support and programs needed to help them lead an active and productive life well into adulthood.
The United Cerebral Palsy Sequin of Greater Chicago offers resources and support to families throughout Chicago and the suburbs so that their children can benefit from Community Integrated Living, accessibility services, technological assistance, and life skills training that will help them become assimilated members of society. For more information, you can call (708) 863-3803 or visit http://ucpseguin.org/.
Typical Losses in a Personal Injury Case
According to our Chicago, IL, personal injury lawyers, there are significant losses in a birth injury case involving medical malpractice.
The first is the obvious financial burden of having a child with special needs due to injuries received during birth. In addition, there are often future costs and expenses for medical equipment, transportation, and personal care that may be necessary.
To win a malpractice case against a negligent doctor or nurse, you or your personal injury lawyers must prove your claim.
While it's not easy to prove that a doctor is responsible for the medical complications of a child, you can make your case stronger by having expert witnesses such as nurses and midwives testify on your behalf about their actions during labor and delivery.
Along with losses in money, there are also less-tangible losses that follow birth injuries. For example, parents may suffer emotional trauma and depression after seeing their child in pain or struggling to lead a normal life. These feelings can often turn into resentment against the health care workers responsible for the injuries.
Compensation Received by Birth Injury Victims
Compensation is available through several methods in Illinois birth injury cases, including settlements and verdicts awarded after a trial.
The financial losses in birth injury lawsuits can be extensive. However, it is also possible for mothers and fathers to win compensation for the loss of companionship, pain and suffering, physical impairment, mental anguish, disfigurement, and other factors.
Medical malpractice settlements typically compensate victims with payment for past and future medical expenses and payment for the loss of future income due to missed work or reduced productivity.
In childbirth injury cases, many factors can come into play in determining a settlement amount. Because each case is different, it's important to have a Chicago, IL, personal injury attorney who can provide you with accurate expectations and information about your case.
As the costs of raising a child with cerebral palsy and other special needs can be astronomical, parents need to seek compensation for their cases so that they can provide the best treatment and opportunities for their children throughout their lifetimes.
Medical Malpractice and Wrongful Death
Every surviving family member who lost a loved one from a child's birth injury can file a wrongful death or personal injury claim seeking financial compensation for their losses.
However, the process can be complicated, requiring the services of an experienced birth injury attorney to ensure that the case is handled successfully.
Our Naperville personal injury lawyers will initiate a birth injury lawsuit, speak with the insurance company, negotiate a settlement, or take the case to trial for full and fair compensation. Malpractice cases involving birth injuries that led to death can typically be resolved with no need for trial.
Put Our Proficient Naperville Personal Injury Lawyers to Work on Your Behalf
Was your child injured at birth and now suffers from a serious injury?
If so, Rosenfeld Injury Lawyers LLC can help you through access to valuable support and resources along with the compensation you need to ensure that they are cared for throughout their entire lifetime.
Our Naperville personal injury lawyers work closely with medical specialists and economists who can thoroughly review your claim and determine the true financial impact of your child's injuries to seek an appropriate amount of compensation.
Contact the Chicago, IL personal injury lawyer at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation.
After collecting information, we will investigate your claim, provide your legal options, and expect what you can expect from us and the legal process.
Our birth injury attorneys know that you have enough to worry about without the added burden of legal fees.
So instead, we accept all these cases on a contingency fee basis. We guarantee that we will only collect a fee for our services if and when a Naperville, IL personal injury attorney can secure compensation on your behalf.
Our team provides legal representation in related practice areas, including medical malpractice, truck accidents, product liability, car accidents, nursing home abuse, dangerous drugs, defective products, and wrongful death in the Naperville area and throughout Illinois.