When a child is born, the parents’ world changes forever. A healthy baby should be a cause for celebration, but sometimes doctors or nurses make mistakes that can have devastating consequences.
If you suspect your child was injured during their birth, you may be entitled to compensation for medical bills and pain and suffering caused by negligence.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates representing injured victims of medical malpractice cases.
Call our Schaumburg personal injury lawyer at (888) 424-5757 (toll-free phone number) or use the contact form to discuss your legal issues and schedule a free consultation to recover compensation. All confidential or sensitive information you share with your personal injury attorney remains private through an attorney-client relationship.
The Devastating Changes Parents Experience When Their Child Is Injured During Childbirth
Unfortunately, not every childbirth goes as planned. Mistakes made by doctors or nurses can cause severe injuries that negatively impact a child’s health and well-being for the rest of their life.
If your baby is suffering from an injury caused by medical malpractice, we can help you seek justice so they may receive the appropriate care they deserve.
It can be devastating when you learn that your child has a birth injury. You may feel horror, worry about your child’s health, and sadness, as you watch them suffer because of this tragedy.
Unfortunately, when a healthcare provider’s negligence or medical error injures accident victims, it is sometimes possible for catastrophic injuries to result in significant damage.
As experienced Chicago birth injury lawyers, we have seen countless personal injury claims where negligence has led to severe complications at delivery.
We understand how difficult this time can be on families and will fight hard to ensure those responsible are held accountable for any harm done during labor and delivery.
Our firm has recovered millions in compensation for our clients over the years. If you need answers or legal representation after a birth injury due to medical malpractice, contact us today!
Anoxia or Hypoxic Ischemic Encephalopathy (HIE)
According to Medical Science and the National Institute of Health, anoxia or hypoxic-ischemic encephalopathy (HIE) is caused by an interruption of oxygen to the brain. When this happens, brain tissues may begin dying, resulting in long-term health issues for the child.
In the United States, as many as 4,000 infants are born with some degree of HIE each year. If your baby requires round-the-clock care after suffering from an injury during childbirth, you may be entitled to file a medical malpractice suit.
Suffocation or Respiratory Distress Syndrome (RDS)
A baby may suffer from respiratory distress syndrome (RDS) when it is born too soon. It can cause them trouble breathing and other health problems that last a lifetime.
In April 2010, a jury determined that a Chicago-area hospital was liable for newborns suffering from severe health problems caused by RDS because of medical negligence during labor and delivery.
As a result, the family received $2 million in compensation after going through years of worry, pain, and suffering because of this tragedy.
Brachial Plexus Birth Injury
A brachial plexus birth injury is a severe trauma of the upper arm that causes pain, numbness, or weakness in the arms.
These injuries are often caused by pressure on the shoulder during an obstructed delivery or when a significant force pulls a baby out during difficult deliveries.
Brain Damage During Childbirth
As most parents know, the brain controls and coordinates most of the body’s functions. It can be challenging to see a child suffer from any damage they receive to this vital organ, but it is even more tragic when it happens during labor or delivery.
Sadly, there are many stories about babies suffering from brain damage during childbirth.
If your child suffered from a birth injury because of medical malpractice, you might be able to help them receive the care they need to live a long and happy life.
Birth injuries can result in lifelong problems for children – they may require continued treatment or suffer significant disabilities that limit their quality of life.
However, it is often possible for children to receive compensation for their ongoing medical care or related damages.
According to the American Journal of Public Health, approximately 464,000 people with cerebral palsy (CP) live in America. This disorder can limit an individual’s motor function and cause difficulties in speaking and learning, among other symptoms.
Because these injuries can be life-altering, families must file medical malpractice suits to help compensate them for the problems caused by the negligent accident.
Periventricular Leukomalacia (PVL)
According to the American Journal of Obstetrics and Gynecology, periventricular leukomalacia (PVL) is a condition that can occur in premature infants. During this birth injury, the white matter near the brain’s center gets damaged.
When babies suffer from PVL, they may not show any symptoms initially. However, over time, infants who suffer from this injury may develop seizures, cerebral palsy, or other neurological problems that require further medical treatment and physical therapy.
Neonatal Encephalopathy (NE)
According to the American Journal of Obstetrics and Gynecology, neonatal encephalopathy (NE), or brain damage, is a severe birth injury that can happen in infants.
As the name implies, the condition happens right after birth due to oxygen deprivation or other factors that prevent an infant’s brain from getting enough oxygen.
It is a severe condition that requires immediate medical attention if the infant has any chance of surviving. Sadly, many infants who suffer from NE can develop long-term disabilities because of this birth injury.
Therefore, if your child suffered brain damage like this during labor or delivery, you may be entitled to compensation for related expenses and other damages caused by medical malpractice.
Neonatal Encephalopathy With Intracranial Hemorrhage
According to the American Journal of Obstetrics and Gynecology, neonatal encephalopathy with intracranial hemorrhage is a birth injury when an infant suffers from bleeding in the brain during labor or delivery.
This condition can cause many disabilities, such as cerebral palsy and mental retardation.
When a child suffers from this birth injury, they may initially seem healthy. However, over time the child will develop symptoms that require treatment.
If your infant suffered intracranial hemorrhage during labor or delivery due to medical malpractice, you should speak with a Schaumburg personal injury lawyer to discuss your options.
According to the American Journal of Obstetrics and Gynecology, perinatal asphyxia is any birth injury due to oxygen deprivation during labor or delivery. Usually, this birth injury affects the baby’s brain and can result in severe disabilities.
Although there are some unavoidable causes of perinatal asphyxia, such as umbilical cord accidents and issues with the mother’s placenta, many cases can be prevented through proper medical care.
If a doctor fails to diagnose or treat a condition that results in perinatal asphyxia, you may be able to file a malpractice suit.
Post-Traumatic Stress Disorder (PTSD)
According to the American Journal of Public Health, approximately eight million adults in the US have post-traumatic stress disorder (PTSD). This condition can affect people who have been through any traumatic experience like war or violent crime.
Unfortunately for some new mothers, this birth injury can also affect them and their children. For example, post-traumatic stress disorder in infants has been linked to higher rates of sleep disturbances, nightmares, and day terrors, among other things.
In addition, the American Journal of Prenatal and Perinatal Psychology also states that post-traumatic stress disorder in infants can affect a child’s cognitive, emotional, and behavioral development.
Hospital Birth Injuries
A 2007 study published in Pediatrics found that 1 out of every 50 children born at hospitals suffered injuries during labor and delivery. These injuries can include cuts, bruises, broken bones, nerve damage, or head trauma.
When hospitals or individual caregivers are responsible for failing to monitor the mother during labor, not providing proper care (such as getting mom off of her back during childbirth), not warning of potential complications that may arise or any other number of factors, the parents may be able to seek compensation for the injuries caused by these preventable accidents.
Medical malpractice can result in catastrophic financial consequences, even though you do everything possible to help your child.
With all of the bills that will pile up due to this tragedy, finding the legal representation that will work hard on your behalf is crucial.
The High Costs of Raising a Child With a Birth Injury
Our Schaumburg cerebral palsy lawyers assist families in recovering millions of dollars on behalf of youngsters injured due to birth defects. Unfortunately, raising a child with any birth injury can be expensive.
The economic reality that faces people who have children with cerebral palsy is astonishing. The Americans with Disabilities Act (ADA) protects individuals who are disabled.
However, the ADA only requires businesses to accommodate workers whose disabilities interfere with their ability to do specific tasks. Therefore, if you need assistance, it is crucial to get help right away.
As your child grows, the costs of special education will only increase. The Student Disability Access Guide states that in 2006-2007 tuition for students with disabilities was 13 times more than their non-disabled peers.
Families with children who have birth injuries should consider financial planning as a priority. An experienced Schaumburg birth injury attorney can explain how you can protect your child’s rights and seek compensation to help with the costs associated with raising a child with cerebral palsy.
Injuries from doctor negligence are common, whether a baby or an adult. However, some injuries that occur during the birth process that are so traumatic can change a child’s life forever.
Schaumburg, IL Birth Injury Litigation
Our Schaumburg personal injury lawyers represent many clients who have experienced catastrophic birth injuries due to the deprivation of oxygen, is fixation, or blood loss during the birthing process.
These cases often involve a medical professional’s failure to monitor the mother and child during labor and delivery. As a result, many children develop serious birth injuries in the moments following their birth, including developing infections or showing signs of jaundice and related complications. In detail, some of these problems include:
- Infections happening during pregnancy or the birthing process: The body’s immune response system protects you from germs and fights infection. For example, the immune system is activated when bacteria or viruses enter the body through an open wound. It fights off wounds, infections, and injuries during pregnancy and childbirth.
- Pre-eclampsia: This condition involves high blood pressure during pregnancy. When it occurs late in the third trimester, there is a risk to the mother and baby.
- Blood loss during labor: Too much blood loss can cause anemia and decrease the mother’s ability to form her blood necessary to help control bleeding and prevent shock following delivery
- Hemorrhage: This condition occurs when too much blood is in the body. It can be caused by trauma to the placenta, which goes through the cervix and is attached to the uterine wall. This condition can also happen during childbirth when blood vessels in and around the uterus rupture or tear.
- Fetal distress can occur when the unborn baby does not get enough oxygen through the umbilical cord. The distress could lead to serious birth injuries, including cerebral palsy, developmental delays, and death.
- Jaundice: Any elevated bilirubin levels in the blood can lead to jaundice when too much or an abnormal breakdown of red blood cells is present. This condition often has no symptoms, but it can cause dry skin, yellow eyes, and a swollen abdomen for some.
The results of a birth injury can be catastrophic. Sometimes, the brain has been deprived of blood and oxygen during birthing. The brain damage that happens after oxygen deprivation can be severe.
It causes cerebral palsy, Erb’s palsy, or other disabilities that require home care or particular school placement.
In many medical malpractice cases, the child suffers birth injuries due to the doctor’s failure to identify accurate test results or misinterpreting the information in the medical records.
Unfortunately, some recognize potential harm to the baby but choose not to inform the parents.
When medical professionals fail to act on possible injuries or inform a pregnant mother of any potential harm, they can be held accountable for their negligence.
Life-Altering Birth Injury Cases in Cook County and DuPage County
Our Schaumburg medical malpractice lawyers have represented clients throughout Northeast Illinois in numerous counties, including Cook County, Lake County, Will County, DuPage County, and others.
As a result, some of the information provided below involves child injuries caused by the negligent actions of medical professionals, including doctors, nurses, and healthcare providers.
Some of these cases involve:
In DuPage County in 2020, a Schaumburg birth injury lawyer secured financial compensation on behalf of the family when their child was born with catastrophic injuries from a lack of oxygen.
The mother was admitted to the hospital at 38 weeks pregnant and went into active labor two days later. Unfortunately, sometime during the delivery, the umbilical cord wrapped twice around her neck, resulting in a complete lack of oxygen reaching the newborn’s brain. As a result, the child cannot walk, talk or feed herself despite effective therapy and treatment.
The child’s mother filed a personal injury claim against the doctors and nurses who diagnosed her with cholestasis of pregnancy, which causes elevated bilirubin levels.
It is often accompanied by itching and can be indicative that there might be potential complications during childbirth, such as jaundice or other health concerns that could affect the child.
The doctors and nurses failed to monitor the mother’s bilirubin levels, which could have warned them of the need for early cesarean section delivery to prevent harm to the newborn.
The jury rejected the personal injury claims that the patient’s actions contributed in any way to her injuries and awarded $5 million in damages to the child’s family.
Baby Born With Spina Bifida Suffers Birth Injury That Leads to Permanent Disability
A birth injury case in Will County involved the birth of a little girl who suffered permanent, life-altering disabilities due to her mother’s failure to receive proper prenatal care.
The child was born with Spina Bifida, which develops an opening in the spine that can also involve nerve damage to the bladder or bowel control.
Even though doctors had told the pregnant woman that she needed monitoring, ultrasounds, and testing every three weeks, her family chose to take her out of town on vacation. As a result, the woman did not see a doctor for 25 weeks while pregnant.
Because of that delay in prenatal care, her daughter suffered severe birth injuries, including Spina Bifida.
Doctors testified that if they had known about the severity of the condition earlier on, alternatives to vaginal delivery would have been recommended to avoid the effects of a traumatic delivery on the child.
To secure fair and just compensation, the family filed a lawsuit against the mother’s OB/GYN physician for medical negligence in failing to warn her about potential problems from going without prenatal care.
In DuPage County in 2020, a Schaumburg birth injury lawyer secured financial compensation for a family whose child suffered a traumatic brain injury at birth. The mother was admitted to the hospital at 37 weeks and gave birth three days after the onset of contractions.
During labor, one of the midwives misread signs indicating that there might be some complications with the impending delivery.
For example, she believed that the infant was in a breech position. Still, it turned out that the baby was in a typical vertex presentation, which is ideal for vaginal delivery.
To see if the child’s legs were indeed folded over his body, as they believed, the midwife used a “blind finger sweep.” When she performed the procedure, she had no visual cues to alert her that she was about to cause an injury.
She put two fingers under the baby’s head and pushed down with enough force to damage his cervical vertebrae.
The child suffered a Type II Chiari malformation, which led to a seizure disorder and cerebral palsy. At 7, he could still walk and did not have bladder control, leading his family on a frustrating journey, searching for an appropriate educational setting to meet his needs.
In DuPage County today, a birth injury lawyer can help families secure maximum compensation for their children, who may have suffered a brain injury, paralysis, or permanent disability due to medical negligence during birth.
Brain Damage Linked to Delay in Delivery During Birth
A Cook County Circuit Court judge recently handed down an order allowing the family of a 13-year-old boy with cerebral palsy to proceed with their case against Mercy Medical Center and Dr. Anshu Jindal.
The child was born with severe medical complications. As a result, he now suffers from permanent mental disabilities, including spastic quadriplegia, cerebral palsy, and cortical blindness, which means he has no peripheral vision.
At his birth in 2007, doctors at Mercy Medical Center realized that he had suffered a lack of oxygen during the final stages of pregnancy and while his mother was in labor.
Because of that, he was treated with hypothermia therapy, a standard procedure for children deprived of oxygen at birth.
It is an attempt to reduce damage to the brain by slowing its metabolic rate until it can recover from oxygen deprivation.
As a result of that treatment, he was also administered barbiturates, which induce a coma-like state to reduce brain activity and permit it to recover from a birth injury.
Doctors took extra precautions to monitor his breathing for the next few months while inducing sedation every 12 hours with the barbiturate drug.
However, instead of being transferred to a facility that specializes in treating children with special needs as he required, he was released from the hospital on February 16, 2007. The criminal defense of
Despite his ongoing medical problems and developmental delays, his parents had no additional doctor guidance about caring for him following discharge from Mercy Medical Center. For example, they had no instructions about managing his seizures or understanding what they were looking for if he started having them.
Review Your Case for Free With Qualified Schaumburg Personal Injury Lawyers
Rosenfeld Injury Lawyers LLC can assist you in obtaining the compensation you need to ensure that your child has all they need when young and as an adult—long after you are no longer able to give this care for yourself—if your youngster was injured at birth and has since been diagnosed with a birth injury.
Contact our Schaumburg, IL medical malpractice lawyers at (888) 424-5757 (toll-free phone number) or use the contact form for immediate legal advice and schedule a free case evaluation.
Contact a Schaumburg cerebral palsy attorney immediately to discuss your personal injury case or medical malpractice claim and discover more about your legal alternatives and rights.
Our law firm handles all personal injury cases and medical malpractice claims on a contingency fee basis. If our Schaumburg personal injury lawyers cannot obtain the deserving compensation individuals require, our services will be free.
Our personal injury attorneys represent clients in cases involving damage caused by someone else’s negligence.
We offer legal services in Illinois and adjacent practice areas, including medical malpractice, auto accidents, trucking accidents, slip and fall accidents, motorcycle crashes, nursing home care negligence, construction worker injuries, workers’ compensation benefits, nursing home abuse, animal attacks, dog bites, and wrongful death.