Birth injuries often require years of specialized medical treatment and rehabilitation. If you believe your child’s injury could have been prevented, a Schaumburg personal injury lawyer can help you pursue damages.
Postman Law has won over $3 billion for our clients. If your child was injured due to a medical mistake during pregnancy, labor, or delivery, a birth injury lawyer in Schaumburg can help you obtain the compensation you are entitled to.
The Role of a Schaumburg Birth Injury Lawyer
Birth injury cases are among the most complicated types of medical malpractice claims. If you need to file one, a Schaumburg birth injury lawyer can:
- Investigate your case: An attorney can review prenatal, labor, delivery, and neonatal records to identify signs of medical negligence.
- Consult medical experts: A lawyer can work with qualified physicians and specialists who can determine whether accepted medical standards were violated.
- Determine liability: An attorney can determine who is liable for the injury.
- Calculate your damages: A lawyer can tally your short-term and long-term losses and calculate the value of your claim.
- Handle insurance negotiations: An attorney can communicate with insurance companies on your behalf and work to negotiate a fair settlement.
- Represent you in court: If a fair settlement cannot be reached, a lawyer can present your case in court.
For a free legal consultation with a birth injury lawyer serving Schaumburg, call 844-767-8626
What Types of Compensation Are Available?
Birth injuries can put financial stress on your entire family. Depending on the circumstances of the injury, you may be able to recover compensation for:
- Gastos médicos: You can recover the cost of hospital stays, surgeries, medications, physician visits, and ongoing treatment.
- Future medical care: You can seek compensation for anticipated healthcare expenses.
- Physical therapy: You can recover the costs of rehabilitation services that improve your child’s mobility and function.
- Occupational therapy: You can pursue compensation for therapy that helps your child develop daily living skills.
- Speech therapy: You can recover expenses associated with communication treatment.
- Assistive devices: You can seek compensation for wheelchairs, braces, communication devices, and other adaptive equipment.
- Home modifications: You can recover the costs of wheelchair ramps, accessible bathrooms, and other necessary renovations.
- Special education expenses: You can pursue compensation for educational services your child may require.
- Lost earning capacity: You can seek additional damages if the injury is expected to limit your child’s future ability to earn income.
- Dolor y sufrimiento: You can recover compensation for the physical pain and emotional hardship caused by the injury.
- Punitive damages: You can recover punitive damages if the evidence shows that a healthcare provider’s conduct was willful, showed a conscious disregard for patient safety, or was otherwise egregious.
Schaumburg Birth Injury Lawyer Near Me 844-767-8626
How Long Do You Have to File a Birth Injury Lawsuit in Illinois?
Según 735 ILCS 5/13-212, you typically have eight years from the date of a birth injury to file a lawsuit on behalf of your child in Illinois. If your child turns 22 before that deadline arrives, you must file your lawsuit before their 22nd birthday.
Medical malpractice claims generally must be filed within dos años of the date you discovered (or should have discovered) the injury.
The deadline for your claim will depend on a variety of factors, including the type of lawsuit you intend to pursue, the date you discovered the injury, and whether your child is permanently disabled, which is why you should consult a birth injury attorney in Schaumburg as soon as possible.
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What Is a Birth Injury?
A birth injury is physical harm suffered by a baby before, during, or shortly after delivery. While some birth injuries occur despite appropriate medical care, others result from avoidable mistakes made by healthcare providers.
Birth injuries may range from relatively minor conditions that heal within weeks to permanent disabilities requiring lifelong treatment. Some injuries are immediately apparent after birth, while others may not become obvious until months or even years later.
Common Causes of Birth Injuries
Many birth injuries develop when medical professionals fail to recognize or appropriately respond to complications before or during delivery.
Common causes include:
- Delayed emergency cesarean sections
- Failure to monitor fetal distress
- Oxygen deprivation during labor
- Improper use of forceps
- Incorrect use of vacuum extraction devices
- Failure to diagnose maternal infections
- Umbilical cord complications
- Failure to treat pregnancy complications
- Medication errors during labor
- Improper management of shoulder dystocia
- Delayed response to excessive bleeding
- Inadequate prenatal monitoring
Signs of a Birth Injury
Some birth injuries become apparent immediately after delivery, while others develop gradually as a child grows. Signs your child may have sustained a birth injury include:
- Difficulty feeding
- Weak or absent reflexes
- Seizures
- Poor muscle tone
- Stiff muscles
- Difficulty moving one arm
- Delayed rolling over
- Delayed crawling
- Delayed walking
- Difficulty speaking
- Poor coordination
Common Types of Birth Injuries
Birth injuries vary in severity and may affect different parts of a child’s body. Some of the most common types include:
- Cerebral palsy: This neurological disorder affects movement, balance, posture, and muscle coordination.
- Brachial plexus injuries: Damage to the network of nerves controlling the shoulder, arm, and hand may occur if excessive force is used during delivery.
- Erb‘s palsy: This type of brachial plexus injury primarily affects the upper arm and shoulder, causing weakness or limited movement.
- Brain injuries: Oxygen deprivation, bleeding in the brain, or physical trauma during childbirth can result in developmental delays, cognitive impairments, or other lifelong neurological conditions.
- Skull fractures: Pressure during delivery or the improper use of delivery instruments may cause fractures.
- Facial nerve injuries: Compression of facial nerves during labor or delivery can lead to temporary or permanent weakness on one side of the face.
- Spinal cord injuries: Although rare, injuries to the spinal cord during childbirth can cause partial or complete paralysis and other serious complications.
- Bone fractures: Difficult deliveries may result in fractures of the collarbone or other bones.
- Hypoxic–ischemic encephalopathy (HIE): Reduced oxygen and blood flow to the brain during labor or delivery can cause permanent brain damage.
- Intracranial hemorrhage: Bleeding within or around the brain may occur because of birth trauma or complications during delivery.
What to Do if You Suspect a Birth Injury in Schaumburg
If you believe your child’s injury may have been caused by a medical mistake, you should:
- Get a medical evaluation: Have your child examined by qualified healthcare providers who can diagnose the injury, recommend treatment, and explain your child’s long-term prognosis.
- Request medical records: Obtain copies of prenatal records, labor and delivery records, fetal monitoring strips, hospital records, imaging studies, and any other documentation related to the pregnancy and birth.
- Avoid discussing the case publicly: Don’t post details about your child’s condition or the circumstances surrounding the birth on social media.
- Speak with a birth injury lawyer: An experienced attorney can evaluate the medical records, consult qualified experts, explain whether negligence may have occurred, and discuss the legal options available to your family.
Speak to a Birth Injury Attorney in Schaumburg
A birth injury can affect every aspect of your child’s life. If you are planning to file a claim, a Schaumburg birth injury attorney from Postman Law can guide you through the process and fight for the compensation your family deserves.
Schedule a free case review to find out how you can seek justice.