Birth Injury Lawyer Bloomington, IL

Seeking Justice After A Birth Injury

Our Bloomington, IL birth injury lawyer knows that birth injuries are one of the most devastating and painful things a family can go through. The arrival of a child is one of the best experiences for parents. Finding out that a complication during the labor and delivery process occurred is the last thing that parents want to hear. When medical workers are negligent and fail to ensure the safety of the mother and child during birth, an investigation is necessary. During such incidents of medical malpractice, families have the legal right to file a claim. A trusted birth injury lawyer like one from Pioletti Pioletti & Nichols has the knowledge and resources available to help you during each step of the process. 

How Our Birth Injury Lawyer Can Help You

While birth injury cases are complex, our Bloomington birth injury lawyer is equipped to handle birth injury cases. They must have a strong understanding of laws and regulations governing hospitals and know how to navigate the intricate healthcare system. Any case that involves medical malpractice consists of many elements. It is recommended that you work with a skilled lawyer who specializes in helping clients who have been affected by birth injuries.

Cases that center on medical malpractice are challenging to take on, and only knowledgeable and experienced attorneys are capable of achieving successful outcomes for their clients. With over 80 years of legal experience, the attorneys at Pioletti Pioletti & Nichols have handled many birth injury cases and assisted clients in recovering compensation for the damages they suffered. Birth injury lawyers are familiar with the specific areas of law and understand the filing process and the necessary requirements. They know how to determine the best investigative strategies so that you can receive a fair settlement. If necessary, they will represent you if a case goes to trial and aggressively fight for your rights. 

Understanding Birth Injury Cases

Birth injuries fall under a really specific location of personal injury law. Unlike other injuries (such as vehicle accidents), birth injuries may not appear till months or years after the fact. In addition, many distressing birth injuries might have been prevented with appropriate treatment. Moms and dads never anticipate giving birth to hurt their child. And while some birth injuries are mild, others can leave children handicapped for the rest of their lives. 

Birth injuries can occur for many reasons. The key to determining if it was an avoidable situation is understanding why it happened. One common reason for trauma is the doctor was not properly monitoring the mother during labor and failed to see the signs of an issue. Babies who do not receive enough oxygen during labor and delivery can suffer severe brain injuries that leave lasting disabilities.

Another situation is a doctor who uses the wrong tools to deliver the baby. Forceps, for example, can be incredibly dangerous and open a baby up for head trauma. A birth injury that may happen before labor is when a doctor prescribes the mother medications that are not made for use by pregnant women. They can lead to issues that harm the baby, such as premature delivery or uterine damage.

In general, birth injuries occur because a doctor is ignoring a mother’s concerns or not giving the mother and baby enough attention to catch issues early enough to prevent an injury. Sometimes, they are because of bad decisions the doctor makes during the pregnancy or during labor and delivery.

Compensation for Medical Malpractice Claims

Victims can seek compensation for different types of damages in a medical malpractice case that involves a birth injury. A birth injury lawyer can explain how exactly they will demand compensation and the amount can vary widely from case to case. There are a number of ways compensation or settlement can be achieved. They will pursue the responsible parties involved so the highest compensation that the law allows can be obtained. Clients may be entitled to receive compensation for such things as past and future medical bills, rehabilitative services, medical devices and equipment, pain and suffering, and more.

Debunking Myths About Birth Injury Cases

A birth injury can quickly turn a joyous day into a traumatic event. The birth of your child should be a day full of celebration. If a doctor or hospital staff member committed negligence that resulted in harm to you or your child, you have a right to take action. If your child suffered a birth injury because of medical negligence, your family may be entitled to receive compensation. Don’t let the following myths prevent you from filing a claim.

Birth Injuries Always Occur Because of Genetic Issues

While some birth injuries result from genetic issues, it’s definitely not always the case. Many birth injuries are caused by medical mistakes during the labor and delivery process. Examples of these mistakes include incorrect use of forceps not performing a C-section when it’s necessary.

The Doctor Couldn’t Have Done Anything to Prevent the Birth Injury

In many cases, this isn’t true. If they are not attentive throughout the whole process, they may miss issues that may occur. If a doctor constantly monitors the mother and baby during the labor and delivery process, he or she can catch potential issues quicker.

My Child’s Injury Isn’t Serious Enough to File a Lawsuit

Just because your child suffered a minor injury during the labor and delivery process, doesn’t mean that you shouldn’t at least speak to a birth injury lawyer in Bloomington, IL. The injury may be minor, but if it was caused by the negligent actions of a medical professional you may have grounds to file a claim. Some minor birth injuries can turn into bigger problems when a child gets older. It is worth consulting with a seasoned lawyer to at least determine if you have a valid case.

It’s Too Late to File a Birth Injury Lawsuit

Unfortunately, some people avoid filing a lawsuit for their child’s birth injury because they think too much time has passed. However, in the state of Illinois, you actually have eight years from the time of the injury to pursue a legal claim. It can sometimes take a while to recognize that your child suffered an injury during birth. Some injuries or complications do not develop until well after the day of birth. If your child has suffered a birth injury, you should inquire about your options and see if you are eligible to receive compensation.

It Isn’t Worth It to File a Lawsuit Because It Won’t Undo My Child’s Injury:

While it’s true that filing a legal claim won’t take away your child’s injury, it can lessen some of the burden. You may be able to recover compensation that you are entitled to. Treating a birth injury can get very expensive. For many birth injury victims, the financial cost of treatment can be staggering especially if they have developed a serious condition. If you file a claim with the help of a birth injury lawyer in Bloomington, IL, you can obtain compensation to afford these medical costs.

It’s Impossible to Prove Negligence

Some people shy away from filing a birth injury lawsuit because they believe there’s no way to prove negligence. Fortunately, this isn’t true. If you hire an experienced birth injury lawyer in Bloomington, IL, you have a higher chance of proving negligence and having a successful claim. He or she will have access to birth injury experts that will help your case move forward.

Common Birth Injuries Seen in Newborns

If you have recently welcomed a new baby into your world, you are probably over the moon. You are looking forward to the journey that you will have with your new child. Unfortunately, there are some situations where babies could be born with birth injuries. The first thing you should do is talk to your doctor about how to treat the injury. Then, you should count on our Bloomington birth injury lawyer to investigate the circumstances of the case. What are a few examples of possible birth injuries? 

• Brain Bleeds and Skull Fractures

Some babies suffer a head injury on their way out of the birth canal. Perhaps there are unusual instruments used during the birthing process. Maybe the baby’s skull is too big to fit through the pelvis. There are numerous head injuries that babies could suffer during birth. Some babies could suffer a skull fracture while other babies might develop a brain bleed. Even though many babies will recover without any complications, there are some babies that could develop permanent disabilities. 

• Fractured Clavicles

There are also situations where a baby could fracture his or her clavicle. Sometimes, the baby is in an awkward position on his or her way out of the birth canal. It might require a lot of maneuvering to get the baby out. In this case, the arm could get twisted, leading to a clavicle fracture. Even though a lot of clavicle injuries will heal without any complications, there are others that could lead to major issues. Count on a birth injury lawyer in Bloomington, IL who can investigate this on your behalf. 

• Nerve Injuries

Sadly, there are some babies that could develop permanent complications due to a nerve injury. Some of the most common examples of nerve injuries that babies could suffer include Erb’s palsy and Klumpke’s palsy. If your baby has been diagnosed with a nerve injury, you should reach out to an attorney who can review your case. 

Bloomington Birth Injury Infographic

Bloomington Birth Injury Statistics

According to the Centers for Disease Control and Prevention (CDC), each year, one out of every 10 babies is born premature. Any baby born before 37 weeks of pregnancy is considered a preterm infant. Premature babies are at high risk for many medical issues, including problems with breathing, feeding, vision, and hearing. They may suffer developmental delays and can even end up with a diagnosis of cerebral palsy.

Bloomington Birth Injury FAQs

A birth injury lawyer Bloomington, IL families rely on for support during the most challenging times may be the best approach when considering legal action. When people plan to have a baby, chances are they didn’t foresee that their newborn would sustain injuries from the delivery room. Unfortunately, this can be a harsh reality, especially when doctors and medical personnel do not uphold the medical standard of care.

When a newborn is injured, families are left to face uncertainties that can be substantial. The devastation of these injuries may result in a lifetime of medical treatment and caregiver support.

What is a birth injury?

A birth injury is any trauma that occurs during the birthing process. Birth injuries are one of the most common types of traumatic brain injuries, which are more serious than other physical traumas. They can range from something as small as a cut or bruise to something more severe like cerebral palsy or even death. The type and severity of the injury will depend on many factors including how long it takes for medical attention to be initiated, if there was an emergency C-section versus vaginal delivery, whether your baby’s head was impacted with anything during the birth process, and what position you were in when giving birth. 

The first few weeks following your child’s arrival are crucial for determining whether they may have some type of birth injury. It is important to be proactive in your child’s care, so the sooner you are able to identify any potential injuries or problems and treatment can begin immediately.

What should I do if my baby was recently involved in a birth injury?

The Bloomington, IL birth injury lawyer urges you to seek medical attention immediately if your child has been involved in an accident. Even if the injuries don’t seem serious at first, sometimes they can get worse over time and lead to lifelong disabilities or death. 

What are the most common types of birth injuries?

The three most common types of birth injuries are cerebral palsy, Erb’s palsy, and shoulder dystocia. Cerebral palsy is a permanent neurological disorder that affects movement and muscle coordination. It can be caused by a lack of oxygen to the brain during birth, which can lead to physical and mental disabilities. Erb’s palsy is a shoulder injury caused by the baby impacting the birth canal, or even other objects such as forceps or suction cups used during labor. Shoulder dystocia occurs when there isn’t enough space for your baby to fit through their mother’s pelvis properly, which can lead to damage or even death of your child.

What are signs that I should suspect malpractice?

While signs of a birth injury may be evident at times, in some situations, signs may not be present until months down the road. The time after birth can be a whirlwind, but complications may be obvious as your baby may show signs of distress. You must seek diagnosis and treatment from a doctor you can trust. Additionally, if you are contacted by an insurance adjuster or attorney regarding the accident and are offered a settlement, seek guidance from a Bloomington, IL, birth injury lawyer immediately. 

How will an expert witness strengthen the claim?

Medical malpractice cases can be complicated and often difficult to understand. Legal teams will usually seek an expert witness who practices in the same field in these situations. An expert witness plays a critical role as they will review the case and decipher the medical records to determine a breach of the medical standard of care is present. In addition, they can also provide critical testimony should your case go to litigation. 

What is the statute of limitations in Illinois?

The statute of limitations is the amount of time someone has to file a claim. For typical medical malpractice cases, the statute of limitations is two years. However, the statute of limitations is eight years for birth injury malpractice cases. A longer statute of limitations for these cases is warranted because often injuries may not be apparent until the child is older, especially when determining the full extent of the damage. Despite the extended timeframes, it may be beneficial to start the process early on to prevent the loss of crucial evidence.  

How long will it take to resolve the case?

The length of time it takes to resolve birth injury cases can vary. At times, victims may negotiate a settlement with the defendant in a matter of months. However, it can take years before a resolution is reached should the case go to trial. 

Will the claim include a request for compensation for future medical care and assistance?

Unfortunately, the impacts of a birth injury case can have lasting consequences as the child may require ongoing treatments and medical care. While current medical expenses may be obvious, it will take the guidance of a lawyer to calculate future medical costs to ensure that all future needs are accounted for.  

Is a lawyer necessary for birth injury cases?

Birth injury cases are complicated, and doctors and hospitals will undoubtedly have a team of lawyers representing them. Having your own representation can ensure that your rights are protected throughout the process. 

Pioletti Pioletti & Nichols, Bloomington Birth Injury Lawyer

121 N Main St, Bloomington, IL 61701

Contact Our Birth Injury Lawyer Today

At Pioletti Pioletti & Nichols, we know that childbirth should be a special moment. We also know that certain inexperienced or incompetent medical professionals have no place in the delivery room with you and your baby. If you believe that a birth injury was caused by negligence, you should mention your concern to a trusted lawyer. They will be able to review your case and look for any errors that your medical team may have made.

Birth injuries can happen to anyone, at any time. If your child has sustained a birth injury, you may be feeling overwhelmed and uncertain of what to do next. You need an advocate who will fight for your child’s best interests, and that’s where a birth injury lawyer comes in. A birth injury lawyer can help you understand your legal rights and options and guide you through the complex legal process. Don’t hesitate to contact Piloletti Pioletti & Nichols if you have questions or concerns about your child’s birth injury.