Birth injuries allegedly affect about 60,000 of the 4 million births in the US every year. Having a newborn who suffers from a birth injury can be heartbreaking for the parents. It can also be expensive. A complicated childbirth can cost more than twice that of a normal delivery. Depending on the extent of the child’s injuries and needs, a couple may also incur the costs of ongoing care.
About two-thirds of birth injuries are unavoidable, but the other third are caused by medical negligence or mistakes. The most common reason cited for birth injuries are communication errors among the birthing team, such as misunderstanding a diagnosis, giving the wrong medications or failing to inform a doctor when a fetus shows signs of distress. When you believe an error like this has been made, immediately contacting a Chicago medical malpractice attorney can help you decide your next steps.
Hospitals owe a certain standard of care to their patients. If a medical care provider injures or fails to prevent injury to you or your infant, you may be entitled to compensation for your medical bills, pain and suffering, and other costs associated with the injury.
Founding attorney, Brian LaCien has spent two decades dedicated to achieving results for clients injured through no fault of their own, including those whose lives were forever changed by a preventable birth injury. Our firm provides clients with significant advantages in their legal claims, including the following:
Together, Smith LaCien LLC has won over $2.5 billion for clients in settlements and jury verdicts including over 100 cases resulting in compensation of over $1 million. Our firm puts a powerful voice behind your Chicago birth injury claim.
Many birth injuries are the result of oxygen deprivation which occurs when healthcare providers are not able to recognize problems and provide solutions in a timely manner. Some of these problems can include: Preeclampsia, eclampsia, excessive medication to mother and child, shoulder displacement, trauma to the infant and mother, and umbilical cord prolapse.
Oxygen deprivation is one of the most common causes of brain injuries and can manifest itself as a condition like cerebral palsy. Cerebral palsy occurs in 1.5 to 4 children per every 1,000 births. Physical trauma to the brain during delivery can lead to this condition and even cause hearing loss in infants.
While not all these injuries are due to medical malpractice, they can occur due to improper actions, poor decisions, or lack of actions by medical professionals.
It may seem that the doctor or other provider is always the liable party in a birth injury claim, but that’s not always accurate. If the doctor is an independent contractor with privileges at the hospital they may be personally liable. If they are employed by the hospital, the hospital could bear liability. A number of individuals or entities could be liable or share liability, depending on the negligent action that resulted in the birth injury. For instance, did a nurse not properly inform the doctor of a change of status in the mother or unborn baby, or was there a communication error through administration? Did the labor and delivery team fail to properly monitor mother and fetus during labor? Was the staff improperly trained on procedures? Possible liable parties in birth injury cases in Illinois include the following:
It takes a thorough investigation to determine the correct liable party or multiple liable parties in a birth injury claim depending on the type of negligence that occurred to cause the injury.
When you suspect that a birth injury has occurred, taking immediate and informed actions is critical for the well-being of your child and for any future legal action you might consider. Here’s a step-by-step guide on what to do following a suspected birth injury:
If your child has suffered a birth injury and you want to file a medical malpractice lawsuit, you must follow the required procedure in order for your case to be entertained by the courts. Although every person has the right to represent themselves and complete court processes on their own, the procedure for filing a medical malpractice lawsuit is complex and better handled by a competent personal injury lawyer.
When filing a complaint with the court, it must be accompanied by a sworn declaration that a medical professional has reviewed the facts of the case and has determined that the case has legal merit. This written declaration must include the reasons for the health professional’s determination that a reasonable and meritorious cause for filing a lawsuit exists in the case. The health professional giving the declaration must:
Satisfying this requirement of the courts involves an analysis of the medical records by the medical professional. It requires a commitment of time, resources, and professional expertise that you may not have or have access to, which is where an established Chicago personal injury attorney comes in. At Smith LaCien LLP, we have a team of dedicated medical professionals that we work with to put together a compelling case on your behalf.
A birth injury can have life-long consequences for the victim. Depending on the severity of the case, the victim may require intensive medical care, therapy, and accommodations for the rest of their life. The burden of bearing the costs associated with these needs falls on the legally responsible party whose negligence caused the victim’s injury. A legal claim for a birthing injury will include a demand for damages in a particular amount.
The amount of damages demanded is not an arbitrary number. Damages are based on the actual losses that a victim suffers because of their injury. This includes past and future losses associated with their injury. Getting an accurate valuation of a victim’s actual damages requires skill and expertise to account for both their economic and non-economic losses. Economic damages account for the tangible losses that a victim suffers like medical expenses and loss of capacity to earn an income. Non-economic damages account for intangible losses like disability and loss of society.
At Smith LaCien LLP, we have a track record of impressive outcomes for our clients, with over $2.5 billion recovered in personal injury claims consistently ranking at the top in Illinois for client recoveries. We will dedicate our resources to ensure that your case is properly valued and that you get fair compensation for your birth injury case.
When a child suffers a serious birth injury, the result can be a lifetime of expenses in addition to the non-economic damages to the child and family such as pain and suffering, emotional anguish, and diminished quality of life. The medical provider at fault for the injury is liable for compensating the family for these economic and non-economic damages—typically through their medical malpractice insurance.
Common economic damages available for compensation after a birth injury include the following:
Compensation is also available for non-economic damages including the following:
Although financial compensation cannot undo emotional distress or pain and suffering, these intangible damages are the most difficult for the birth-injured child and their family. Compensation for non-economic damages relieves financial stress and opens doors to the best possible care and resources for a birth-injured child.
Some states limit—or cap—the amount of compensation injury victims can recover in medical malpractice claims. Illinois does not place caps on birth injury claims. This allows the families of birth-injured children the legal recourse necessary to recover full compensation for what could be a lifetime of injury-related expenses for medical care and educational costs for the child as well as compensation for the family’s emotional anguish.
Injury lawsuits involving birth injuries almost always require the help of a lawyer. Given the complexities involved in proving medical malpractice, having skilled legal representation is vital. A qualified attorney in this field will understand the nuances of medical standards and legal requirements and will work to gather the necessary evidence, expert opinions, and documentation to build a strong case. For families dealing with the consequences of a birth injury, this legal support is essential for seeking justice and obtaining compensation for their losses.
Therefore, your first step should be to consult with an experienced injury attorney and determine if you want him or her to be your legal representative.
Personal injury lawyers work on a contingency fee basis meaning they only charge fees after they secure a settlement or jury verdict. They finance a case at their own expense and therefore take great care in screening potential clients and evaluating the merits of the case. Once they accept a case, they begin an investigation that includes negotiating with an insurance company, preparing pleadings, sending demand letters, and conducting discovery to help them build the case.
Like all states, Illinois places limits on the amount of time after an injury that the victim may file a lawsuit. This helps ensure that evidence remains available and eyewitness testimony reliable if a case goes to court rather than resolving with a settlement. It also protects defendants against living under the long-term threat of lawsuits. The statute of limitations for birth injury and other medical malpractice claims in Illinois is two years from the date of the injury. If the birth injury isn’t discovered until some time later, the two-year time limit begins on the date of discovery but the lawsuit may not be filed later than four years from the date the injury occurred.
Most birth injury claims are resolved without requiring litigation in court. Instead, a skilled medical malpractice attorney investigates the claim, documents clear and concise evidence, carefully calculates damages and sends a demand package to the medical malpractice insurance company of the at-fault party. They then begin negotiations for a settlement to cover the damages. Sometimes mediation takes place between the involved parties and their attorneys to reach a settlement agreement.
Fewer than 10% of birth injury claims require a lawsuit in court; however, the attorneys at Smith LaCien LLC are more than ready to aggressively argue your case in court if the insurance company fails to offer an ample settlement. Court cases take longer than a settlement, but typically end in a larger amount than a settlement offer.
Lawyers at Smith LaCien LLP believe that when an injury to a newborn is caused by the birthing team, the responsible parties should be held accountable for damages, pain, and suffering. If you believe you have a case, contact us now by email or call (312) 509-8900.