Birth injuries are physical harm or trauma that occurs to a newborn or mother during the birthing process. These injuries can be caused by various factors, including medical negligence or malpractice. When medical professionals fail to provide the standard of care expected during childbirth, it can result in serious and long-lasting consequences for both the child and the mother.
(Birth Asphyxia: A Preventable Condition Sometimes Caused by Medical Malpractice)
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to the patient. In the context of birth injuries, medical malpractice can take many forms, including:
- Failure to monitor fetal distress
- Improper use of delivery instruments (forceps or vacuum extractors)
- Delayed or improper cesarean section
- Failure to diagnose or manage complications during pregnancy or delivery
How Does Medical Malpractice Relate to Birth Injuries?
Medical malpractice can significantly contribute to birth injuries. When healthcare providers fail to follow established protocols or exercise reasonable care, it can lead to devastating consequences. Some common birth injuries that may result from medical malpractice include:
- Cerebral palsy
- Erb’s palsy
- Shoulder dystocia
- Brain damage or hypoxic-ischemic encephalopathy (HIE)
Proving Medical Malpractice in Birth Injury Cases
To establish a successful medical malpractice claim, it is essential to prove the following elements:
- Duty of care: The healthcare provider owed a duty of care to the patient.
- Breach of duty: The healthcare provider breached that duty of care.
- Causation: The breach of duty directly caused the birth injury.
- Damages: The birth injury resulted in damages, such as medical expenses, lost wages, and pain and suffering.
Seeking Compensation for Birth Injuries
If you suspect that medical malpractice contributed to a birth injury, it is crucial to seek the advice of an experienced Chicago personal injury attorney. They can help you navigate the complex process of pursuing a claim and ensure that you receive the compensation you deserve.
What to Expect in a Medical Malpractice Lawsuit
A medical malpractice lawsuit can be a lengthy and complex process. Here are some key aspects to expect:
- Investigation: Your attorney will investigate the circumstances surrounding the birth injury, gathering medical records and expert testimony.
- Negotiation: Your attorney will negotiate with the defendant’s insurance company to reach a settlement or prepare for trial.
- Trial: If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will determine the outcome.
The Importance of Seeking Experienced Representation
When pursuing a medical malpractice claim, it is essential to work with an attorney who has experience handling similar cases. A skilled Chicago personal injury attorney can help you:
- Understand your rights: Your attorney will explain your legal options and guide you through the process.
- Gather evidence: Your attorney will collect and analyze medical records, expert testimony, and other evidence to build a strong case.
- Negotiate with insurance companies: Your attorney will work to reach a fair settlement or prepare for trial.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.