While having a baby can be one of the happiest days of any parent’s life, births are unfortunately sometimes not the joyful experience they should be. Errors made during the labor and delivery process could result in birth injuries to the child, the consequences for which may last a lifetime—and be incredibly expensive to boot.
When doctors and other healthcare workers make mistakes that result in a birth injury, they should be held accountable, and a dedicated Chicago birth injury lawyer or medical malpractice lawyer could help you do just that. With a local personal injury attorney’s assistance, you may be able to receive compensation that could greatly relieve some of the financial burden associated with these types of injuries.
Sometimes babies are born with abnormalities in their appearance or bodily functions—for example, cleft lips, spina bifida, or congenital heart problems. These injuries are birth defects and are typically a result of environmental or genetic factors, which means they are not considered to be birth injuries for which doctors may be held civilly liable.
Birth injuries, on the other hand, are injuries caused to a newborn child—and sometimes their mother—at some point during the labor and delivery process, typically due to mistakes made by the healthcare workers involved in the birth. These types of injuries may result from a delayed C-section, improper use of forceps, not properly monitoring the baby during the birthing process, or other such negligent behavior.
Unfortunately, there is often little that can be done in the context of civil law about birth defects. However, a birth injury lawyer in Chicago may be able to help parents hold healthcare workers responsible if their negligent behavior causes a birth injury.
In order to file a lawsuit and receive compensation for a birth injury, the parents of the injured child must be able to prove certain elements of their case. First, they need to prove that there was a patient-doctor relationship between the mother and a doctor, OB-GYN, or other healthcare provider. This relationship signifies that the healthcare worker owed a duty of care to both the mother and the child, which is the second element of proving negligence in a birth injury case.
The third element of proof, though, requires that the healthcare worker breached the duty of care owed to the mother and the baby. This can be difficult for a parent to prove on their own, since parents are often unfamiliar with the medical process of birth, instruments used, and how healthcare workers should be acting.
This is often where a Chicago birth injury attorney could be most helpful. An attorney could gather the documents needed, speak to other healthcare professionals, and draw upon their own research and expertise to prove that healthcare workers were negligent. They could then use this evidence to demonstrate that the negligence directly caused the birth injury, and that the baby and family will suffer due to that injury.
Birth injuries can be both financially and emotionally draining on a family. injuries often last a lifetime and may necessitate expensive equipment, special care, and ongoing rehabilitation for the child. In many cases, though, parents may be able to seek compensation to help with these costs.
If you recently had a child and you believe they suffered a birth injury due to the negligence of the hospital staff or other healthcare worker, speak to a Chicago medical malpractice lawyer or birth injury lawyer today. Your family is likely dealing with a lot right now, and you should not have to cope with the various burdens these injuries can bring alone. Get in touch with a compassionate local attorney to get started on your case.