Birth injuries are among the most severe types of medical conditions and can drastically change the course of your child’s life. Many of these injuries result from the negligence of a physician or other medical professional. If you believe your child has been harmed during birth or delivery, you need to speak to a birth injury lawyer in Naperville.
Postman Law has recovered over $3 billion for injured clients, including several settlements for birth injury cases. We understand the far-reaching impacts of birth injuries and will work to ensure your child can receive the medical treatment and long-term care they need.
Contact our offices online or call today to discuss your case with a personal injury lawyer in Naperville.
Common Types of Birth Injuries
A birth injury is one that happens during the course of labor or delivery. Below are some of the most common types of birth injuries we encounter in our practice:
- Huesos rotos. Infant bones are soft and not fully formed, so they can suffer fractures and breaks during delivery, especially if the physician uses improper delivery technique.
- Shoulder dystocia. Shoulder dystocia occurs when a baby’s shoulder becomes trapped during delivery, which can lead to broken bones and muscle, ligament, or tendon damage.
- Cerebral palsy. Cerebral palsy is caused by damage to the motor cortex of the brain and causes problems with balance, coordination, and dexterity.
- Erb’s palsy. Erb’s palsy is caused by damage to the brachial plexus bundle of nerves and can cause weakness and lack of coordination in the affected arm.
- Hypoxic–ischemic encephalopathy (HIE). HIE is a type of brain damage that is caused by a lack of oxygen to the newborn’s brain.
- Hospital–acquired infections. Newborns are particularly vulnerable to infections, especially if hospital staff neglect proper sanitary procedures and care.
- Spinal cord injury. Spinal cord injuries can be caused by physical trauma during birthing and delivery or the improper use of delivery implements, like forceps or vacuums.
For a free legal consultation with a birth injury lawyer serving Naperville, call 844-767-8626
Proving Negligence in Birthing Injury Cases
Birth injury cases are a type of medical negligence. A medical professional is negligent insofar as they deviate from accepted medical standards of care. The nature of medical malpractice means that expert witnesses play a particularly important role in birth injury cases.
Testimony from a similarly situated medical professional can show whether your child’s physician violated accepted standards of care. We are highly familiar with working with medical providers and can coordinate their testimony with that of other experts to accurately portray your child’s losses.
Naperville Birth Injury Lawyer Near Me 844-767-8626
The Long-Term Impacts of a Birthing Injury
Birth injuries are unlike others. A birth injury can completely change the course of your child’s life and affect their development. Birth injuries often lead to additional problems while the child grows, which means they may require continual medical care and development.
Physical and mental impairments from injury can affect their ability to hold employment and support themselves as adults. Because the consequences are so far-reaching, you need a lawyer who can account for these losses in a settlement demand. A Naperville birth injury lawyer can recover compensation for the following losses:
- Emergency stabilizing treatment and hospitalization costs
- Future medical treatment and rehabilitative therapy
- Prescription medications, surgeries, and medical devices
- Home or vehicle accessibility modifications
- Diminished lifetime expected earning capacity
- Pain and suffering, mental anguish
- Discomfort and inconvenience from scarring and disfigurement
- Cost of special education due to cognitive impairment
- Loss of parental income from taking off work to provide care
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How Long Do I Have to File a Birth Injury Claim in Naperville?
The general time limit for medical malpractice claims in Illinois is dos años. However, birth injuries may not show symptoms until much later, so there are exceptions to the two-year time limit for injuries to minors. In the case of birth injuries, you have eight years to file a lawsuit against medical professionals.
However, you cannot file a lawsuit once the child reaches their 22nd birthday. Also, if the birth injury causes permanent disability to your child, the statute of limitations is paused or “tolled” until the disability ends.
These rules are complicated, and missing a deadline can hurt your case, so don’t delay speaking to a lawyer. Starting as early as possible gives you the best chance of a satisfactory outcome.
Contact a Birth Injury Lawyer in Naperville from Postman Law
Dealing with the fallout of a birth injury can seem insurmountable, but there is help available, and you are not alone. Postman Law can be your dedicated legal advocate and pursue justice and answer for you and your child.
We understand the difficulties that a birth injury can bring and will use every resource at hand to hold responsible parties accountable. Don’t hesitate to reach out today to schedule a free case consultation. Our Naperville birth injury attorneys are ready to hear from you.