Illinois Birth Injury Attorney
When in the labor or delivery process, you expect that both you and your baby will remain safe and in the good care of healthcare professionals. Unfortunately, negligence and medical malpractice can occur and cause injury to you or your baby, or even wrongful death. In many cases, these injuries are avoidable. When this type of malpractice occurs, contact an Illinois birth injury attorney from Lerner and Rowe.
What Is a Birthing Injury?
A birthing injury is when a mother or her baby suffers an injury during the labor or delivery process. There are many types of birthing injuries, but here are just a few of the most common examples:
- Brachial Palsy (Erb’s Palsy) – This condition occurs when the baby is pulled in an improper manner during the delivery process. When this happens, a bundle of nerves called the brachial plexus suffers damage, and, as a result, the baby will have weakness, numbness, or paralysis in the arm and shoulder areas. If the condition is severe enough, the baby may require surgery, and they may even suffer permanent paralysis in the arm and shoulder areas.
- Bleeding/Hemorrhaging – Sometimes, the careless actions of a doctor or other healthcare professional can cause bleeding or hemorrhaging in various parts of a baby’s body. The baby could bleed from the brain, for example, if too much pressure is placed on its head during delivery. If the baby doesn’t receive immediate treatment, the baby could suffer a serious injury, and they may even suffer wrongful death.
- Lack of Oxygen – Hypoxia (too little oxygen) and anoxia (no oxygen) occur when the baby’s brain doesn’t receive enough oxygen in the brain. If this happens, the baby is in serious danger and could suffer a temporary or permanent mental disability. Even worse, the baby could suffer wrongful death if they don’t receive prompt care and attention.
- Paralysis – Obstetricians and other healthcare professionals may use medical instruments on the baby. If an instrument is used in an incorrect manner, the baby could suffer paralysis. For example, too much pressure on the face could result in temporary facial paralysis. However, if a healthcare professional does not correct the issue, the baby could suffer permanent facial paralysis or paralysis in other parts of their body.
- Fractures – Aggressive maneuvers by healthcare professionals could injure the baby and fracture their bones. Healthcare professionals should always look for the safest way to care for the baby. So, for example, if an obstetrician delivers a baby and fractures the baby’s bones when a cesarean section would have been safer, they may have committed medical malpractice.
This list is not exhaustive, and there are many more possible birthing injuries. However, to pursue a medical malpractice case, you must prove that the injury is a result of medical malpractice and not a birth defect.
A birth defect is something inherent in the baby, whereas medical malpractice means that a healthcare professional acted negligently and injured your baby. So, how can you tell that medical malpractice took place?
What Is Medical Malpractice?
Medical malpractice happens when the obstetrician or some other healthcare professional behaves in a negligent manner and ends up injuring the mother or her baby. There are some key elements to be aware of when it comes to medical malpractice. These factors include:
- Medical Relationship – There must be a medical relationship between the healthcare professional and the patient. The medical relationship can usually be established by documents such as medical records, medication receipts, doctors’ notes, and other written evidence.
- Negligence – A healthcare professional must have behaved outside the bounds of reasonable care. In other words, negligence occurs when other competent healthcare professionals would have acted with more prudence and care in a similar situation.
- Harm – The patient must have suffered direct, resultant harm from the healthcare professional’s negligence. In other words, had the healthcare professional not acted negligently, the patient would not have suffered injury.
These three components comprise medical malpractice. If you suffer from a medical malpractice injury, don’t lose hope. With the assistance of a skilled Illinois birth injury attorney, there are things you can do to seek compensation.
What Can Be Done?
If you or your baby suffered an Illinois birthing injury because of medical malpractice, you may be able to pursue financial compensation. Keep in mind these critical courses of action:
- Get Medical Attention – If you or your baby suffered an Illinois birthing injury, seek medical help right away. It’s critical that any and all injuries get treated as soon as possible. Safety is your highest priority.
- Gather Evidence – Collect medical documents surrounding your injury. Additionally, take note if any healthcare professional acts in a way you find suspicious.
- Contact Lerner and Rowe – Get in touch with the medical malpractice team at Lerner and Rowe. We’ll work hard for your just compensation and build up your medical malpractice case in the best way possible.
- Rest and Recover – Concentrate your energy on healing. We’ll focus on your legal battle while you focus on your health.
Contact an Illinois Birth Injury Attorney
Giving birth should be a joyous experience. When you or your baby suffer from a birthing injury due to medical malpractice, such an experience can be memorable for all the wrong reasons. Contact Lerner and Rowe’s Illinois birth injury lawyer team immediately to pursue your just compensation.
You can get in touch with us during our office hours, which are Monday through Friday, 8:00 a.m. to 5:00 p.m. Additionally, you can reach us by phone anytime at 708-222-2222. Furthermore, you can get in touch with us online by filling out a contact form or by taking advantage of our convenient LiveChat feature. Consultations are free, and we don’t collect any fees until we win your case. So don’t wait; seek justice with Lerner and Rowe today!