Birth injuries are devastating for both the child and the family. When these injuries are caused by medical negligence, victims may be entitled to compensation. In Illinois, medical malpractice cases involving birth injuries are complex and require thorough legal and medical expertise to navigate. Understanding how these cases are handled can help families make informed decisions about pursuing justice and securing the compensation they deserve.
What Constitutes a Birth Injury?
Birth injuries occur during labor, delivery, or shortly after birth and can be caused by a variety of factors, including medical negligence, improper care, or complications that were not appropriately managed. Common birth injuries include:
- Brachial plexus injuries: Damage to the nerves controlling the arms and hands, often caused by excessive pulling during delivery.
- Cerebral palsy: A neurological disorder caused by brain damage during birth, often related to oxygen deprivation.
- Fractures: Broken bones, typically the clavicle, that occur during difficult or forceful deliveries.
- Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by a lack of oxygen during delivery.
- Erb’s palsy: Paralysis of the arm caused by damage to the brachial plexus nerves during delivery
When these injuries are caused by a doctor’s or medical professional’s failure to follow proper protocols, they may qualify as medical malpractice.
Elements of a Medical Malpractice Claim in Illinois
To file a medical malpractice lawsuit for a birth injury in Illinois, there are several key elements that must be proven:
- Duty of Care: The medical professional (such as a doctor, nurse, or hospital) has a legal obligation to provide care to the patient. In the case of birth injuries, this means ensuring a safe delivery and appropriate medical intervention when necessary.
- Breach of Duty: It must be shown that the healthcare provider did not meet the required standard of care. This could involve errors such as failing to monitor the baby’s vital signs, using excessive force during delivery, or not responding to signs of distress.
- Causation: The plaintiff must demonstrate that the breach of duty directly caused the birth injury. This is often the most challenging aspect of a birth injury case, as expert testimony is typically required to prove the connection between the medical error and the injury.
- Damages: Finally, the plaintiff must show that the birth injury resulted in damages. These damages may include medical expenses, pain and suffering, lost earning potential, and other costs associated with the child’s long-term care needs.
The Statute of Limitations in Illinois Birth Injury Cases
In Illinois, medical malpractice cases, including those involving birth injuries, are subject to a statute of limitations. For birth injury claims, the statute of limitations is generally two years from the date the injury was discovered or should have reasonably been discovered. However, there are exceptions for minors, as the statute of limitations may be extended until the child turns 8 years old.
It’s crucial to act quickly in birth injury cases because evidence may deteriorate over time, and key witnesses, such as medical professionals, may become difficult to locate.
Expert Testimony is Key
In medical malpractice cases involving birth injuries, expert testimony plays a pivotal role in establishing liability. The plaintiff typically needs to hire a medical expert who can testify that the healthcare provider’s actions (or lack thereof) caused the injury. This expert may also discuss the standard of care that should have been followed and how the defendant deviated from that standard.
In birth injury cases, common experts include obstetricians, pediatricians, and neonatologists. These experts will review medical records, conduct their own investigations, and provide testimony to help prove that the healthcare provider’s negligence led to the injury.
Potential Defendants in Birth Injury Cases
In birth injury lawsuits, there can be multiple parties involved, including:
- Obstetricians: Doctors responsible for overseeing the pregnancy and delivery.
- Nurses: Medical professionals responsible for monitoring the mother and baby during labor and delivery.
- Anesthesiologists: If anesthesia errors were made during the delivery process, they could be liable for causing injury.
- Hospitals: In some cases, hospitals may be held vicariously liable for the actions of their staff or for failing to provide appropriate resources.
- Midwives or Birth Centers: If the birth was assisted by a midwife or occurred outside a hospital, they may also be defendants in a birth injury case.
Proving Negligence and Liability
Proving negligence in birth injury cases often requires a thorough investigation of medical records, expert opinions, and witness testimony. Lawyers specializing in medical malpractice will conduct a detailed review of the circumstances surrounding the birth, including the actions of medical professionals and the timing of the injury. They will gather all relevant medical documents, such as ultrasound images, delivery logs, and other records, to help build a strong case.
In many cases, the injured party may pursue a settlement rather than going to trial. However, if a fair settlement is not reached, litigation may be necessary to secure compensation for the victim and their family.
Compensation for Birth Injuries
Victims of medical malpractice in birth injury cases can seek compensation for a variety of damages, including:
- Past and future medical expenses: Coverage for ongoing treatment, surgeries, and therapy that may be needed throughout the child’s life.
- Pain and suffering: Compensation for the physical and emotional trauma experienced by the child and their family.
- Lost wages: If the child’s disability prevents parents from working, compensation for lost income can be sought.
- Long-term care costs: These are Funds for the care required as the child grows, including special education, physical therapy, and any other assistance needed.
Contact a Medical Malpractice Attorney in Illinois
Medical malpractice cases involving birth injuries in Illinois are complex and require experienced legal representation. Families who suspect that medical negligence caused their child’s birth injury should consult with an attorney who specializes in birth injury and medical malpractice cases. The attorneys at the Dinizulu Law Group are here to guide you through the process, collect necessary evidence, and ensure that your rights are protected. By understanding the process and the legal requirements, families can pursue justice and secure the compensation necessary to care for their child’s long-term needs.
Contact our team today at (312) 384-1920 to learn more and receive a free consultation today!
Sources:
- Illinois State Bar Association, Medical Malpractice Overview
- The American Congress of Obstetricians and Gynecologists (ACOG)
- Illinois Statutes on Medical Malpractice Law
