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Taking Action for a Birth Injury 

Published on October 18th, 2019

Personal Injury Lawyer

Birth injuries can happen as a result of medical negligence, where a doctor or other medical personnel had made a crucial error before, during, or after delivery. A birth injury attorney can inform parents of their rights and legal options in holding the at-fault individual or entity responsible. Our team can work diligently to investigate and strengthen your case, in pursuit of getting you the maximum compensation possible.

We understand that there may not be an amount of money that can fix the impacts of your baby’s birth injury. But, at the very least, we can ensure that you have the money you need to get treatment and continued care if needed for your little boy or girl. If you are a parent that is suspicious that something went awry during the delivery and need legal advice, we offer initial consultations at no charge. 

Common Birth Injury Cases

Cases of birth injuries can be very sensitive and complicated, especially when it comes to proving negligence happened. In order to have a case, it is imperative that parents are able to gather evidence that shows how an error occurred and that it directly caused harmed to their baby. An attorney can give you insight into what types of proof can be most influential to your lawsuit. Some of the most common birth injury lawsuits include: 

  • Shoulder Dystocia
  • Caput Succedaneum
  • Fetal Fractures and Lacerations
  • Facial Paralysis
  • Cephalohematoma
  • Anoxia
  • Hypoxia
  • Persistent Pulmonary Hypertension (PPHN)
  • Brain Damage
  • Erb’s Palsy
  • Perinatal Asphyxia

Damages Parents May Be Entitled To Receive

As a parent whose baby suffered from a birth injury, you may be entitled to receive damages. However, since birth injury cases can vary significantly, it is recommended that parents meet in-person with an attorney about what damages they could get if a lawsuit is filed. Parents who win their lawsuit against the hospital may be given monetary compensation for: 

  • Medical care costs for baby’s injuries (including past, present, and future bills)
  • Rehabilitation and physical therapy
  • Pain and suffering (emotional pain of the parents)
  • Physical pain and trauma (of the baby who endured the injury)
  • Stress and anxiety
  • Punitive damages
  • Expenses for in-home care and/or special education

Once you have decided that it is worth the time and money to pursue a lawsuit, an attorney can start collecting evidence, talking with witnesses, interviewing experts in the medical field, reviewing medical paperwork, gathering photographs, and other tasks to help build your case. During this time, we advise not informing the hospital about your intentions to file a lawsuit. If you do, the hospital may make it harder for you to get copies of medical documentation and other reports, in hopes it will weaken your claims against them. 

Don’t let the doctor, staff, or hospital get away with such a tragic mistake that led to your baby suffering. Contact an attorney to find out more about your next steps in seeking justice. 

 

Thank you to the experts at MartinWren, P.C. for their input on birth injuries and the law.

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Eureka, IL 61530

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