CHICAGO, IL – Discovering your newborn has suffered a birth injury is devastating. As a new mother, it’s important to know your rights to help secure your child’s future care and provide you some peace of mind.
Causes of Birth Injuries
A difficult birth or injury to the baby can occur because of the baby’s size or the position of the baby during labor and delivery. Conditions that may be linked to a difficult birth include large babies, prematurity, cephalopelvic disproportion, dystocia, prolonged labor, abnormal birthing presentation and maternal obesity.
Common Birth Injuries
Birth injuries range from mild to severe. According to Stanford Medicine Children’s Health, the most common types of birth injuries are:
- Brachial palsy: This occurs when a group of nerves that supplies the arms and hands (brachial plexus) is injured. It’s most common when there’s trouble delivering the baby’s shoulder, known as dystocia, where the baby loses the ability to flex and rotate the arm. Tearing of the nerve can cause permanent nerve damage.
- Bruising or forceps marks: Trauma can occur from a baby passing through the birth canal and contact the mother’s pelvic bones or tissues. Babies delivered by vacuum extraction may have some scalp bruising or a scalp laceration.
- Caput succedaneum: Caput is a significant swelling of the soft tissues of the baby’s scalp. This develops as the baby travels through the birth canal. Some babies have bruising in that areas. Babies delivered by vacuum extraction are more likely to have this condition.
- Cephalohematoma: This is an area of bleeding between the skull bone and its fibrous covering that appears hours after birth as a raised lump on the baby’s head. Over time, the body reabsorbs the blood. If the area of bleeding is large, some babies may develop jaundice as the red blood cells broke down.
- Facial paralysis: During labor or birth, pressure on a baby’s face may injure the facial nerve. No movement is seen on the side of the face with the injury and the eye can’t be closed. If the nerve was torn, surgery may be needed.
- Fractures: Fracture of the clavicle or collarbone is the most common fracture during labor and delivery. The clavicle may break when there’s trouble delivering the baby’s shoulder or during a breech delivery. A baby with a fractured clavicle rarely moves the arm on the side of the break; however, healing can occur quickly.
- Subconjunctival hemorrhage: The breakage of small blood vessels in the eyes of a baby where one or both eyes may have a bright red hand in the white part of the eye. This is common and doesn’t cause eye damage. The redness is usually absorbed in a week to 10 days.
Steps to Take if You Suspect Negligence
If a healthcare provider was negligent and caused your child’s birth injury, you need to start by securing all medical records. You should document in a journal every detail since the time of your child’s birth. Next, you need to consult with an experienced medical malpractice lawyer to discuss your legal rights and options.
Legal Rights and Options with Birth Injuries
Illinois law has a statute of limitations for bringing a medical malpractice case. In a birth injury case, Illinois law allows that a claim can be filed within eight years from the date of the injury or before the victim turns 22. It is best to bring a case as soon as possible and to keep detailed records pertaining to your case.
You can recover damages for birth injuries caused by medical negligence or malpractice on behalf of both the child and the parents. Damages can include both economic and noneconomic damages:
- Economic damages: Past and future medical expenses, therapy and rehab costs, lost income, caretaking expenses and specialized equipment.
- Noneconomic damages: Pain and suffering, emotional distress, disfigurement, disability, loss of normal life and shortened life expectancy.
Consult with a Birth Injury Lawyer in Illinois
Facing the reality of a birth injury is profoundly challenging for any new mother. Understanding your rights and taking the necessary steps can make a significant difference in securing the future care and well-being of your child. As lawyers with extensive extensive experience in birth injury claims, we will help your family determine the full value of your claim and work relentlessly to recover the damages you need to take care of your child and your family.
Contact the experienced birth injury attorneys of the Dinizulu Law Group at (312) 384-1920 or fill out this form for an initial consultation.
