Medical mistakes are common, but few people talk about them. The number of medical malpractice cases increases yearly, and the average payout for a birth injury case in Illinois is more than $1 million.
Was your child injured during pregnancy, labor, or post-delivery care? If so, you may have grounds to file a lawsuit against the responsible party. At Rosenfeld Injury Lawyers, LLC, our Waukegan personal injury lawyers are legal advocates representing injured victims of medical malpractice cases.
Call our Waukegan birth injury lawyers at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. All confidential or sensitive information you share with your personal injury attorney remains private through an attorney-client relationship.
The Devastating Changes Parents Go Through in Birth Injury Cases
Learning that your child has cerebral palsy can be tragic and force you to confront many emotions— from fear and worry over your child’s wellbeing to the grief of watching them suffer.
Often, catastrophic injuries cause serious harm when a staff member’s negligence or medical error harms accident victims.
Data from the National Institute of Health reveal cerebral palsy occurs when the brain cannot control movement, posture, and balance. It can range from mild to severe, affecting cognitive function and learning disabilities.
Cerebral palsy is most common in patients born prematurely (before 37 weeks) or who experience a lack of oxygen before or during birth (hypoxia). Your child may be born with cerebral palsy if they have any of these brain injuries:
- Anoxia or Hypoxic Ischemic Encephalopathy (HIE) causes a lack of oxygen to the brain, which can cause periventricular hemorrhage and white matter damage
- Periventricular leukomalacia (PVL), which causes white matter damage around the ventricles (fluid-filled spaces in the brain)
- Hypoxic brain injury from a lack of oxygen before or during birth
- Neonatal encephalopathy is a brain injury that causes seizures, movement disorders, or cognitive disabilities
Brain injuries during birth can cause other issues for your child as well, including the following complications:
- Hydrocephalus (water on the brain) is caused by excess fluid in the brain and can lead to an increase in intracranial pressure and possible cerebellar tonsillar herniation
- Injury to the facial nerve causes a child’s eye or mouth to droop
Birth injury cases may result in a variety of outcomes for your child, including:
- A satisfactory outcome means your child no longer has any medical issues and is thriving at home with regular activities
- A good recovery means your child has returned to their baseline abilities after surgery or rehabilitation
- A partial recovery means some improvement in symptoms but not complete recovery. Most children with palsy fall into this category
- No recovery or minimal recovery, which means neurological damage is so severe that the child continues to have symptoms or does not improve
In some cases, brain injuries from birth injury lead to lifelong disabilities and a lifetime of medical treatment. In other cases, disability and impairment increase over time and cause long-term complications and pain for your child.
Birth injuries that damage the brain can significantly alter the quality of life for accident victims and their families for years.
If your child has suffered palsy during their birth, our Chicago birth injury attorneys can help you file a claim and obtain compensation so you can get the medical care they need.
We have a long history of successful verdicts and settlements for clients throughout Illinois who have been harmed or killed by medical negligence.
Your personal injury attorney will use the best experts to testify on your child’s behalf, and we will fight for a fair settlement to cover your child’s future needs.
We all want the best for our children. The Waukegan cerebral palsy attorneys of Rosenfeld Injury Lawyers LLC are committed to helping you ensure your child will not like the things they need throughout childhood and adulthood.
We can also help you access the support and vital services to help alleviate the emotional and financial burden you must endure to ensure your child has the life they deserve.
The Exorbitant Cost of Raising a Child With Cerebral Palsy
Our Waukegan cerebral palsy lawyers often recover millions of dollars on behalf of families with children injured at birth due to how much it can cost to ensure that they can receive the ongoing medical treatment they will need throughout their lives. I
n addition, there are many instances where one of the parents is forced to leave work so that the child can have the attention and supervision they need and deserve, but this comes at a financial cost to the family and can add strain to an already precarious situation.
Not every case of cerebral or Erb’s palsy is due to the reckless actions of medical professionals. Still, we have also found many instances where the injuries linked to the development of cerebral or Erb’s palsies were not identified and treated promptly.
Treating these underlying conditions is often extremely easy. There is no reason why the child should suffer a lifetime for the careless actions of those tasked with their medical care at or following birth.
For these reasons, our Waukegan personal injury attorneys aggressively pursue the compensation you will need to care for your child and ensure they have everything needed to survive when you cannot continue providing care.
Birth Injuries That Can Lead to Waukegan, IL Birth Injury Litigation
A condition known as hypoxia occurs when the brain is deprived of oxygen, either due to asphyxiation or blood loss during or following birth.
Hypoxia is one of the most common causes of cerebral and Erb’s palsies, and the child must be monitored constantly while a mother is in labor so that the doctor can detect symptoms of distress. Some injuries can occur during and after birth, leading to cerebral and Erb’s palsies.
- Infections occur during pregnancy or after the child is born: The immune response triggered to defend the body during a bacterial infection can cause damage to the brain, and the bacteria itself may injure the brain or other vital organs. Therefore, doctors must detect and treat infections quickly to prevent 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: When attending staff does not monitor the child’s vital signs or communicate effectively with the doctor performing the delivery of the child. It can cause serious injury to the child’s brain due to oxygen deprivation. Therefore, it is vital that the doctor also recognize when to order an emergency C-section due to fetal distress.
- Inaccurate test results or misinterpretation of the information provided: Diagnostic tests influence doctors’ choices regarding the treatment of their patients, which is why a botched test or misinterpreted result can have tragic consequences.
When doctors and their attending staff fail to meet their duty of care, the child is injured. As a result, the parents have the right to seek compensation for any adjustment to the child’s quality of life, lost opportunities, pain and suffering, and the cost of continued and ongoing care into adulthood.
In addition, the medical professionals responsible for the child’s injuries may be liable for all damages, birth injuries, and emotional anguish to the mother and family. As a result, they must endure a lifetime of stress and grief.
Horrific Birth Injury Cases in Northeast Illinois
Our medical malpractice lawyers have represented clients and reviewed many Birth injury cases throughout Cook County, Lake County, Will County, DuPage County, and others. Some of those cases are listed below where the child suffered harm by the negligent act of the staff, doctor, or other medical experts.
Some of these cases involve:
- In Lake County, in 2019, a family recovered damages after hospital staff negligence led to the death of their loved one during the delivery process. The accident happened when the family expected the nurse to respond to their call and check on their mother. Instead, a different nurse arrived and told them her colleague would be coming soon. The other nurse arrived but did not check properly and delivered an asphyxiated baby instead of his mother.
- In another Lake County birth injury case in 2020, our medical malpractice attorneys filed a birth injury claim against a doctor on behalf of a child born with Cerebral Palsy. The case occurred when the mother went into labor, and the family requested them to perform a C-section on her, but they refused and told them there was no need for it.
- In Waukegan, IL, in 2021, a family faced extensive medical bills after their doctor and other healthcare provider harmed their baby during delivery. The negligent act occurred after they failed to monitor and respond to the baby’s distress, and as a result, the child suffered permanent damage. Their Waukegan personal injury lawyer secured financial compensation through negotiation with the insurance company.
- In Chicago, in 2021, a family was awarded $8 million for their claim against a nurse responsible for delivering an asphyxiated baby instead of its mother during delivery. The hospital staff was also convicted of Medicaid fraud and was ordered to pay $19.8 million in restitution. Their experienced birth injury attorney filed a claim nearly immediately after a second diagnosis to confirm the fatal injury.
- In 2019, an experienced birth injury lawyer filed a medical malpractice case in Waukegan, Illinois, after determining that healthcare providers were negligent in treating their clients. As a result, the mother was admitted for standardized testing. She suffered an anoxic brain injury after they failed to act on her condition when it presented while she was undergoing cardiac catheterization.
Sometimes, the victim’s medical malpractice lawyer will file a claim after another family member or friend harmed the baby during delivery due to their negligent actions.
While it is not uncommon for these accidents to happen, one must seek compensation for personal injury litigation to ensure maximum compensation.
Typically, these personal injury lawsuits are resolved through negotiated settlements to avoid taking the case to trial.
Usually, the plaintiff (injured party) and the defendant (responsible party) will want to avoid presenting the case before a judge and jury due to the unpredictability of the outcome.
How Much a Personal Injury Case Is Worth
Our legal team has handled hundreds of personal injury cases filed against doctors and other medical experts for negligence that led to a child’s injuries.
Determining the case’s value based on extensive injuries or death can be challenging.
The evidence involved in every case is unique, as are the extensive common injuries experienced by the victim and their family.
Medical malpractice working on your case can determine its worth based on numerous factors, including:
- The need for ongoing or round-the-clock care
- The cost of current and future therapy/rehabilitation
- Funeral costs
- Pain and suffering
- Loss of income
- Lost future earning potential
- Loss of companionship
- Mental anguish, grief, and emotional trauma
- The cost of medical devices
- The expenses associated with refurbishing a house to accommodate wheelchair accessibility
- The cost of purchasing a wheelchair-accessible transportation van
The Settlement Offer
Brain injuries take years to manifest, so the full repercussions may not be known until adulthood. Therefore, these factors are considered when determining how much to award damages for your personal injury claim.
Brain injury cases are complex and require the assistance of experienced legal counsel who can fully protect your rights in court.
In addition, our attorneys handle these cases on a contingency basis—that means you won’t pay us until we win your case or settle with the defendant (the person or company responsible for the loss).
Your medical malpractice lawyer will ensure you get what you need to cover medical expenses, lost wages, pain and suffering, emotional distress, and other cost.
The United Cerebral Palsy Sequin of Greater Chicago Assists Waukegan Families With Disabled Children
While we need to recover the financial compensation you need to care for your injured child, having support and access to programs tailored to their needs will give you the peace of mind you need.
The UCPS of Greater Chicago helps families by offering life skills training, employment assistance, Community Integrated Living Services, and other programs that will help your child live the best life possible with cerebral palsy.
To learn more about this organization and how it may help you, visit http://ucpseguin.org/ or call (708) 863-3803.
Waukegan Birth Injury Lawyers Pursuing Cases Involving Medical Malpractice and Wrongful Death
Many surviving family members who lost a loved one through medical malpractice can file a civil lawsuit citing wrongful death. These cases typically involve filing a personal injury claim for Fair compensation based on the extent of damages.
Qualifying family members typically involve spouses, children, grandparents, grandchildren, and others.
A personal injury attorney will work directly with the insurance company to negotiate fair and total compensation for all severe injuries, pain, suffering, and other factors leading to the child’s death due to birth injuries.
Filing a personal injury lawsuit in Lake County can maximize monetary recovery to ensure that the victim’s surviving family members receive total and fair compensation from the insurance company providing coverage for the health care provider who made medical errors.
Review Your Case for Free With Qualified Waukegan Personal Injury Attorneys
Was your child injured at birth and has since been diagnosed with a birth injury?
If so, Rosenfeld Injury Lawyers LLC can help you secure the compensation you need to ensure your child has everything they need both as a child and as an adult— long after; you can no longer provide this care by yourself.
Speak with award-winning Waukegan birth injury lawyers so that we can investigate the details of your medical malpractice claim and let you know more about your legal options and rights.
Our Waukegan, IL personal injury law firm accepts all personal injury cases and wrongful death lawsuits on a contingency fee basis. If our personal injury attorneys at the Waukegan office cannot secure the injury victims’ compensation, our services will be free of charge.
Our medical malpractice lawyers represent clients in personal injury cases to the negligence of others.
We provide legal representation throughout Illinois and related practice areas, including medical malpractice, car accidents, trucking accidents, slip and fall injuries, motorcycle accidents, nursing home negligence, workers’ compensation benefits, nursing home abuse, animal attacks, dog bites, product liability, premises liability, and wrongful death.