Giving birth, while extremely exciting, can already be a very stressful process. Not only stressful on the mother both physically and emotionally but stressful for the infant as well. While some health concerns are known about before birth to best give the new parents a chance to prepare and cope, some illnesses and injuries are unexpected and the result of medical malpractice. Birth-related medical malpractice injuries are the result of negligence on the part of the staff, doctor, or the hospital and do not only mean harm came to the child. This could also mean:
- The mother sustained injuries while she was pregnant or during delivery.
- There was a failure to avoid or end a pregnancy.
- There was a wrongful birth, where parents would have ended the pregnancy if they knew
about birth defects.
If any of these events have occurred to you or someone you love, it is recommended for you to speak with a dedicated and experienced medical malpractice attorney in the Chicago, IL area. The Law Offices of Konrad Sherinian have years of experience in ensuring the victims of medical malpractice are taken care of.
If your child suffered a birth injury, you may want to speak to a medical malpractice attorney Chicago ILtrusts from Sherinian Law. We have assisted clients who have suffered from medical malpractice injuries and we want to help you get justice. Konrad Sherinian, an experienced Chicago IL medical malpractice attorney from Sherinian Law is ready to do everything in his power to protect your rights.
What Is a Birth Injury?
A birth injury occurs during the birthing process and results in damage to the infant’s body. If a birth injury is minor, an infant may recover from the injury fairly quickly. However, if the injury is more severe, it can have lasting effects that never fully heal.
When medical malpractice happens, it can cause mild to severe injuries to both the mom and/or the child. A medical malpractice attorney from the Chicago, Illinois area can explain a few examples of birth injuries are:
- The child has a brain injury that leads to cerebral palsy.
- The doctors failed to monitor or treat a maternal infection.
- Failure to plan for and implement an emergency C-section.
- Administering the wrong medication to the mother while she is pregnant.
Why Do Birth Injuries Occur?
Doctors, nurses, and other medical professionals involved in a baby’s birth are expected to have extensive knowledge of the delivery process. Unfortunately, mistakes can still happen. When a medical professional is grossly negligent, and when this negligence leads to an injury, this may justify a medical malpractice claim.
For example, a doctor may fail to recognize that a baby is in breech, and fail to deliver the baby properly in time. In other cases, a nurse might give a pregnant or nursing mother medication that harms the baby. It’s important for medical professionals to be well-rested and put their complete focus on the birth process to avoid these mistakes.
What Types of Birth Injuries Can Infants Suffer?
When a doctor or other medical professional is negligent during a birth, a lot can go wrong. Konrad Sherinian, a medical malpractice attorney Chicago IL respects, has seen many types of birth injury cases. Some kinds of birth injuries infants can suffer may include:
- Brain damage
- Bone fractures
- Shoulder dystocia
- Facial paralysis
- Fetal lacerations
- Spinal cord injuries
No matter what type of birth injury your child suffered, it is important to consult with a medical malpractice attorney Chicago IL depends on as soon as possible about it.
What To Do When the Infant Is Injured
When pregnancy or delivery injures the child, it is up to the parents to act as legal guardians bringing forth the lawsuit. In this lawsuit, the parents can work with their Chicago, IL medical malpractice attorney to ask for general damages and special damages on behalf of the injured child. Examples of damages could be a loss of enjoyment of life because of the injury, cost of suffering, or even the physical and mental pain the child endured.
What To Do When the Mother Is Injured
If a mother receives injuries during pregnancy or while she is giving birth due to a doctor’s negligence, then she can bring about a medical malpractice claim. For example, the doctor might fail to control any excess bleeding that the mother experiences during delivery causing physical injuries. When this happens, the family’s Chicago, IL medical malpractice attorney can file a claim to recover for those injuries. Additionally, parents may be able to get damages for emotional pain experienced because of their baby’s birth injury.
If parents attempted to avoid pregnancy through the hospital by undergoing sterilization or abortion but those methods for avoiding pregnancy failed due to negligence on behalf of the doctor or staff, they might be able to recover damages for medical expenses or lost wages.
In this case, parents might sue if the doctor was aware of birth defects that the child had but did not tell the parents. Had the parents known, they would not have gone through with the pregnancy. This can be a result of:
- Failure to detect a physical or mental impairment due to negligence
- Failure to provide adequate genetic testing before the conception of the child
How Long Do I Have to File a Birth Injury Lawsuit?
If you wish to pursue a birth injury lawsuit, be sure to do so before the statute of limitations runs out. In Illinois, you a birth injury lawsuit must be filed within eight years of the child’s injury. After that time passes, your family might not be eligible to receive compensation. It’s important to contact a medical malpractice attorney Chicago IL families trust as soon as you find out about your child’s birth injury. An experienced medical malpractice attorney Chicago IL counts on may review your case and start the claims process right away.
Why Hire a Medical Malpractice Attorney?
Filing a birth injury lawsuit can be quite difficult if you don’t have any legal expertise. If you hire a skilled medical malpractice attorney in Chicago IL, things may go much smoother. Here are a few reasons why you may consider hiring a medical malpractice attorney:
- Birth Defects Are Different From Birth Injuries: Birth defects occur naturally while birth injuries are caused by a negligent person or entity. Some doctors try to pass off birth injuries as birth defects to avoid lawsuits. If you’re facing this situation, you may need a medical malpractice attorney Chicago IL can provide to help you prove that your child’s injuries are the result of a physician’s error. Your lawyer may conduct a thorough investigation to prove that a certain party was negligent in some way.
- An Attorney May Reduce Your Stress: You already have to take care of a newborn who suffered a birth injury. Handling a lawsuit on your own would likely double your stress. A lawyer can do all of the legal legwork for you, relieving a great deal of stress for your family. This will give you more time to take care of your child’s needs.
- An Attorney May Handle Communication With Insurance Adjusters: After you file a medical malpractice claim, the doctor’s insurance company may want to speak to you about your case. Because insurance companies are in the business of making money, the insurance adjuster who speaks to you might try to offer you a compensation amount in exchange for not filing a civil suit. As an experienced Chicago medical malpractice attorney might advise, it’s often better to consult with a lawyer before agreeing to any compensation settlement. If the insurer doesn’t agree to settle for a fair amount, your medical malpractice attorney Chicago IL has to offer might take the case to trial.
- An Attorney May Offer Objectivity: When you are dealing with something as traumatizing as your child’s birth injury, it’s easy to get overwhelmed with emotion. However, feeling all these emotions can make it difficult to think straight and make good decisions. A lawyer may remain objective in your case and prevent you from making decisions that you later regret. For example, if you are thinking about settling for a low offer just to get everything over with, your medical malpractice attorney Chicago IL depends on may advise you to wait for a better offer.
Contact Konrad Sherinian: A Trusted Medical Malpractice Attorney in Chicago IL
If you believe your baby’s birth injury is due to medical negligence, a medical malpractice attorney Chicago IL relies on, such as Konrad Sherinian, may be a big help to you. He can first thoroughly review your situation to determine if you have a strong claim. If we determine that you have a strong case, we may begin the lawsuit process by helping you gather all the evidence you need, such as medical documents and expert witness testimony.
While many birth injury cases can be settled out of court, they sometimes go to trial. If that is the case with yours, you may feel confident working with a reputable and skilled lawyer from Sherinian Law. Konrad Sherinian works hard to build strong cases for clients who have been injured due to medical negligence.
Who Can You Reach Out To?
If you believe that you or your child have suffered from a birth injury that was the result of medical malpractice in the Chicago, IL area, you could have a reasonable claim to make. However, navigating the legal jargon and malpractice laws can become quite complicated. If you have any further questions or would like to reach out to a medical malpractice attorney trusted by Chicago, IL, the Law Offices of Konrad Sherinian, call our office today.
If you would like more information about medical malpractice, or if you want to schedule a consultation with a medical malpractice attorney Chicago IL offers, contact Sherinian Law at (312) 981-0338.