Parents expecting a child should be able to assume that the doctors, nurses, and hospitals involved in caring for mother and child will provide a comfortable setting and competent care. The treating doctors and nurses have a legal duty to prevent foreseeable injuries that may affect the health of a newborn child. Injuries that occur during birth can forever change the path of a child’s life.
A failure to take steps to limit the risk of injury that results in harm during neo-natal testing or during the birth itself may be the basis for a medical malpractice lawsuit. A Will County birth injury lawyer or medical malpractice lawyer could help the parents of children injured during the birthing process to explore their legal options. This may include pursuing negligent doctors, nurses, and hospitals for compensation. Speak to a compassionate medical malpractice attorney today to learn more about how a legal professional could help you.
The Legal Duties of Medical Professionals
All medical professionals in Will County must meet the State’s definition of competent care. Illinois Jury Instruction 105.01 states that all healthcare providers must practice their craft with appropriate skill and care that a competent peer would provide in similar circumstances.
An injury that could occur during the birthing process may involve the child being choked by their umbilical cord. A competent doctor could quickly recognize this problem and take steps to address it. A failure to do so may be considered medical malpractice.
No matter how clear a case may appear on its surface, a plaintiff and their experienced attorney will still need help to prove their case in court. This is because a medical malpractice claim must include testimony from a qualified expert. This expert may examine the medical records in the case, compare the defendant’s actions to established medical procedures, and provide their opinion that the defendant was negligent.
A plaintiff cannot even initiate a case without the help of an expert, as stated by 735 Illinois Compiled Statutes 5/2-622. A Will County birth injury lawyer could help plaintiffs get in touch with these birth injury experts and work together to form a coherent legal theory of liability.
Common Sources of Negligence During Birth and the Consequences for the Child
A complicated birth could occur in one of two forms. The most common are complications that arise on an emergency basis during the birth itself. While diagnostic scans and neo-natal care in indicating that the child is expected to be born healthy in these situations, unforeseen complications arise while the mother could still occur in labor.
These may include a twisted umbilical cord, a child whose blood pressure drops, or a child who turns into a breech position. While not common, doctors could recognize these issues and take appropriate steps to correct them without any further incident.
The second group of birth complications is expected due to neo-natal scans. These scans may indicate a fetus with a deformity or other congenital defects that are expected to cause problems during birth.
Doctors facing these scenarios should understand what to expect during the birth and form an appropriate plan to care for both mother and child. A knowledgeable birth accident attorney in Will County could help determine where malpractice may have contributed to injuries sustained during childbirth.
Get in Touch with a Will County Birth Injury Attorney
It is a sad fact that some children suffer from injuries sustained during the birthing process. While many of these injuries are unavoidable, some come about from a doctor or nurse who did not take appropriate steps to prevent harm. When this is the case, the parents of that child may legally pursue any negligent medical professionals involved in compensation needed to ease the life of their child.
A Will County birth injury lawyer or medical malpractice lawyer could stand by your side every step of the way through such a situation. From conducting an initial investigation into the incident to locating and hiring a qualified expert, to protecting your rights in settlement talks and in court, an attorney could help you seek a positive resolution to your case. Call today to schedule a consultation.