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FREQUENTLY ASKED QUESTIONS

This is a difficult question to answer as it is completely dependent on the individual case. But, it is a very common question and completely reasonable to wonder how much you would receive. The short answer is that your case value depends on the number of damages you and your child suffered. However, it is important to discuss this with your Chicago birth injury lawyer.

This is a complicated question because there are a few different factors at play. Your Chicago birth lawyer is better equipped to answer this question once they have more details specific to your case. Generally, the hospital and/or medical provider is held responsible.

Damages can include a variety of costs including medical bills, future expected medical bills, living aid costs, the parents’ lost wages, and non-financial costs, such as loss of life.

Chicago Birth Injury Lawyer

Doctors and medical professionals have an obligation to ensure newborn babies are delivered with high-quality attention and care. Unfortunately, medical negligence and malpractice during delivery can cause severe birth defects and injuries. Injuries sustained during labor can affect a child for life while the family is left to deal with legal and financial challenges. While a birth injury can be emotionally distressing and financially taxing, Chicago area families have resources for care, treatment, and legal representation.

 

What is a Birth Injury?

A birth injury is any physical damage a baby suffers before, during, or soon after labor. Most birth injuries are not serious and heal themselves over time, but some can be more severe and lead to lifelong complications. Birth injuries have become less common because of improvements in medical care, technologies, and prenatal assessments.

 

Causes of Birth Injuries in Chicago Hospitals

Birth injuries can be caused by the natural birth process or from medical malpractice. Birth injuries are most common in premature births, during an intensive or long labor, when the baby is very large, or when practitioners use medical devices such as forceps or vacuum.

 

Medical Malpractice and Birth Injuries In Chicago Hospitals

Some newborns sustain birth injuries because of medical malpractice. When medical professionals do not take the right precautions, do not recognize a diagnosis, or make errors during delivery, the newborn can be harmed. Instances of medical malpractice that can cause birth injuries are:

  • Deficient prenatal care
  • Contagions in the birth room
  • Treatment delays
  • Insufficient monitoring of vital signs
  • Misprescribed pharmaceutical drugs
  • Vacuum or forceps extraction damage

 

Natural Birth Injuries In Chicago Hospitals

Not all birth injuries are cases of medical negligence. Newborns can experience injuries as a natural factor of delivery. Natural birth injuries are typical in cases of difficult or extended labor, premature births, births of large newborns, or in breech deliveries.

 

Common Birth Injuries

The most common birth injuries in Chicago hospitals include:

Brachial Palsy

Brachial palsy results from damage to the brachial plexus, the network of nerves responsible for controlling the arms and hands. A brachial plexus injury affects an infant’s ability to rotate or flex the injured arm. Brachial palsy can be treated soon after birth with exercises and physical therapies, but the injury can be permanent if the nerves sustain serious damage.

 

Forceps Marks and Bruising

Children delivered by forceps or vacuum extraction can sustain bruises, marks, and lacerations on their bodies and faces. Bruising can also naturally occur when the infant comes into contact with the birth canal or the mother’s pelvic bones and tissues.

 

Caput Succedaneum

Caput Succedaneum refers to the swelling of the scalp’s soft tissue. Caput Succedaneum is most likely to occur in newborns delivered with vacuum extraction. The swelling is often combined with scalp bruising.

 

Cephalohematoma

Cephalohematoma is bleeding between the skull’s bones and fibrous outer layers. Cephalohematoma can usually be noticed as a lump on the child’s head within a few hours of his or her birth. The lump and bleeding typically heal naturally, but cephalohematoma can develop into jaundice in cases where the newborn suffers severe bleeding.

 

Facial Paralysis

Heavy pressure on a newborn’s face during labor can cause facial paralysis and nerve damage. This damage can result from natural birth occurrences or from improper use of force or vacuum. Bruised nerves usually heal within a few weeks, but in instances where facial nerves tear, surgery might be required.

 

Newborn Fractures

Newborns are susceptible to fractured clavicles and collarbones during delivery. The bones can break when there are issues delivering the baby’s shoulder or in cases of breech delivery.

 

Subconjunctival Hemorrhaging

Subconjunctival hemorrhaging refers to bleeding in the eye’s outer layer. The injury is relatively common for newborns and appears as a visible red band in the white portion of a baby’s eye. While the hemorrhaging can lead to eye damage, it usually heals itself within seven to ten days.

 

Developmental Disorders 

Improper care during childbirth can cause developmental delays. Research has shown that newborns who suffer from a traumatic birth face increased risks of developing autism, cerebral palsy, and other developmental disorders. The development of these disorders during labor can seriously affect a child through the rest of his or her life.

 

Cerebral Palsy Development

Cerebral palsy is a developmental disorder that affects muscle development and movement. It occurs when the brain cells that are responsible for muscular tasks are damaged or do not adequately develop. Children who have cerebral palsy typically struggle with walking, balancing, maintaining posture, and many fine motor skills.

Cerebral palsy can be caused by a number of mistakes before, during, or after delivery. Newborns can develop cerebral palsy if the delivery staff fails to identify fetal distress, does not resuscitate a child deprived of oxygen, or in cases where an obstetrician writes a pregnant mother an incorrect prescription. Numerous other mistakes made during labor and delivery can damage a child’s motor cortex.

 

Autism Development 

Autism spectrum disorder characterizes a wide range of developmental issues identified by issues with communication, socializing, and repetitive and restrictive behavioral patterns. ASD can affect each person in different ways, and the symptoms range from mild to severe. Birth injuries can lead to the development of autism.

Researchers have found that newborns who suffer complications before and during labor are more likely to develop autism spectrum disorder. Researchers at Kaiser Permanente found that babies who had complications during delivery are at a 10 percent increased risk of developing ASD. Researchers have also discovered that an increase in the number of complications during labor correlates with an increased risk of developing autism spectrum disorder.

 

Chicago Birth Injury Treatment Facilities

Families whose child suffered from a birth injury in Chicago should seek out quality medical care and treatment. Chicago birth injury treatment options include surgeries, medications, and therapies. Quality birth injury treatment is available at numerous Chicago hospitals and medical centers:

  • Ann and Robert H. Lurie Children’s Hospital of Chicago —Chicago, Illinois 60611
  • Comer Children’s Hospital | UChicago Medicine — Chicago, Illinois 60637
  • Shriner’s Hospitals for Children Chicago — Chicago, Illinois 6070

 

Hiring a Chicago Birth Injury Lawyer

If your child suffered a birth injury in a Chicago hospital, you may qualify to file a Chicago birth injury lawsuit. Contact a Chicago birth injury lawyer from TorHoerman Law to discuss your options.

At TorHoerman Law, we offer free no-obligation case consultations with all potential Chicago birth injury clients. So, you can talk to a Chicago birth injury lawyer from our firm about your potential case for free and with no expectation to hire TorHoerman Law as your Chicago birth injury lawyer.

TorHoerman Law offers contingency fee plans for all Chicago birth injury lawsuit clients. SO, our Chicago birth injury lawyers are always as dedicated as the parents that they work for to receiving the best possible outcome for their cases.

Illinois’ statute of limitations bars individuals from taking legal action after an allotted time after the birth injury has occurred, so do not hesitate to hire a personal injury lawyer to represent you and start the legal process of filing a Chicago birth injury lawsuit.

 

Filing a Chicago Birth injury Lawsuit

After choosing a Chicago birth injury lawyer, you should familiarize yourself with the civil litigation process, so that you are aware of the steps in a Chicago birth injury lawsuit.

You should also mitigate injury to your child – seek medical attention from a new healthcare provider right away and follow all of your doctor’s instructions.

Your Chicago birth injury lawyer will begin by establishing liability – determining who is at fault.

After determining the at-fault party, or defendant, your Chicago birth injury lawyer will begin to gather evidence to support your argument.

You will also need to determine damages that you incurred as a result of the birth injury. In some Chicago birth injury cases, the plaintiff may decide to file both compensatory damages and punitive damages against the defendant.

Once you have determined damages, you will make a demand. You may decide to settle out-out-of-court or go trial. Your Chicago birth injury lawyer can help you make this determination.

 

Finding a Birth Injury Law Firm

Dealing with a Chicago birth injury can be traumatic and stressful. The right Chicago birth injury lawyer will help ensure your family receives compensation for your child’s pain and suffering. Contact an experienced Chicago birth injury lawyer at TorHoerman. today for a free consultation and to learn more about your birth injury lawsuit options. We will discuss your potential birth injury lawsuit with no obligation or costs.

 

 

“Autism Linked to Difficult Birth.” Los Angeles Times, Los Angeles Times, 11 July 2011, www.latimes.com/health/la-xpm-2011-jul-11-la-heb-autism-difficult-birth-20110711-story.html.

“Cerebral Palsy.” Mayo Clinic, Mayo Foundation for Medical Education and Research, 17 Aug. 2019, www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999.

“Children Exposed to Complications at Birth at Risk of Autism, Study Finds.” ScienceDaily, ScienceDaily, 31 Jan. 2017, www.sciencedaily.com/releases/2017/01/170131124140.htm.

Children’s Hospital. “Birth Injuries.” Children’s Hospital of Philadelphia, The Children’s Hospital of Philadelphia, 24 Aug. 2014, www.chop.edu/conditions-diseases/birth-injuries.

“Default – Stanford Children’s Health.” Birth Injury, www.stanfordchildrens.org/en/topic/default?id=birth-injury-90-P02340.

“Fetal Distress: Diagnosis, Conditions & Treatment.” American Pregnancy Association, 13 Oct. 2019, americanpregnancy.org/labor-and-birth/fetal-distress/.

“Fetal Distress: Diagnosis, Conditions & Treatment.” American Pregnancy Association, 13 Oct. 2019, americanpregnancy.org/labor-and-birth/fetal-distress/.

Frymann, Viola, et al. “Birth Trauma: The Most Common Cause of Development Delays.” Healthy.net, 15 Sept. 2019, healthy.net/2000/12/06/birth-trauma-the-most-common-cause-of-development-delays/.

Griffiths, Sarah. “The Effect of Childbirth No-One Talks About.” BBC Future, BBC, 24 Apr. 2019, www.bbc.com/future/article/20190424-the-hidden-trauma-of-childbirth.

Preston, David, et al. “Non-Traumatic Depressed Skull Fracture in a Neonate or ‘Ping Pong’ Fracture.” BMJ Case Reports, BMJ Publishing Group, 18 Feb. 2015, www.ncbi.nlm.nih.gov/pmc/articles/PMC4336890/.

“Stanford Children’s Health – Birth Injuries.” Stanford Children’s Health – Lucile Packard Children’s Hospital Stanford, www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687.

Stavis, Robert L., et al. “Birth Injuries in Newborns – Children’s Health Issues.” Merck Manuals, www.merckmanuals.com/home/children-s-health-issues/general-problems-in-newborns/birth-injuries-in-newborns.

“What Is a Birth Injury?” Cerebral Palsy Group, cerebralpalsygroup.com/cerebral-palsy/birth-injury/.

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When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

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