The birth of a new baby should be a joyous occasion, an opportunity for parents to welcome a newborn child to a happy and healthy life. Sadly, too often, medical mistakes during labor and delivery result in debilitating injuries that can lead to a lifetime of physical, emotional and financial pain. No child should suffer as a result of a doctor’s mistake, and no family should be forced to endure the lifelong consequences of medical malpractice. If your newborn was harmed during childbirth, we offer our deepest sympathies, and we encourage you to contact us to discuss your family’s legal rights.
Families’ Rights After Birth Injuries from Medical Malpractice
Mistakes resulting in birth injuries are a form of medical malpractice. In Illinois, all family practitioners and obstetrician-gynecologists (OB-GYNs) are held to the same professional standard of care. When a delivering physician fails to meet this standard of care, and when his or her failure results in a birth injury, the law of medical malpractice entitles the newborn’s parents to recover just compensation for the financial and non-financial costs of their doctor’s mistake. This includes:
- Current medical bills
- Future medical expenses (potentially for the rest of the child’s life)
- Other out-of-pocket costs associated with the child’s birth injury
- Loss of earning potential
- Mental suffering and humiliation
- Other financial and non-financial losses
The costs associated with the lifelong care of a child following a traumatic birth injury are usually in the millions of dollars. As a result, for most families, seeking just compensation for medical malpractice is a necessity. At Jackowiak Law Offices, we are passionate about helping families who are facing life with the effects of traumatic birth injury. We can make sure you have a clear understanding of the long-term impacts of your child’s injury, and we will fight tirelessly to make sure you and your family receive the compensation you deserve.
Common Birth Injuries Resulting from Medical Malpractice
It is sad to think that there is a list of common birth injuries; but, unfortunately, this is a reality of modern medicine in the United States. In Chicago, we routinely hear from parents who have given birth at hospitals and other facilities throughout the city and the surrounding region, and who are struggling to cope with the consequences of their doctors’ mistakes.
Most birth injuries occurring during delivery result from one of two factors: physical trauma or a disruption in blood flow. Physical injuries during childbirth can often lead to permanent disabilities and deformities, while lack of oxygen has the potential to result brain damage that can impact a newborn for the rest of his or her life. Some of the most-common examples of birth injuries resulting from medical malpractice include:
With all of the advances in modern medicine, you would think that most (if not all) of these injuries could be avoided. The truth of the matter is this: You are right. Birth injuries resulting from medical mistakes should not happen, and the physicians and medical facilities that are responsible for avoidable birth injuries deserve to be held fully-accountable.
Q&A with Our Chicago Birth Injury Lawyers
Q: How can I be sure that my child’s injury was the result of malpractice and not a legitimate exercise of medical judgment?
As the parent of a newborn, it is natural to want to think that your child’s condition is not the result of someone else’s negligence. While it is entirely possible that your doctor made sound decisions and did everything possible to avoid your child’s injury, it is equally possible that your child’s injury could – and should – have been avoided with proper care. The only way to know for sure is to have your case reviewed by an independent medical professional who specializes in birth injuries. We maintain close relationships with several trusted medical professionals in Chicago, and we can assist you in this process.
Q: How will I know the future costs of my child’s birth injury?
Calculating the future costs of a birth injury requires a critical assessment of numerous factors. This includes the nature and extent of your child’s injury, your child’s prognosis, and certain family-related factors. In birth injury cases, we work closely with our clients and trusted medical professionals to accurately calculate the compensation owed, and we make sure that our clients do not settle for less than they deserve.
Q: How long do parents have to file a birth injury claim in Illinois?
While Illinois has a two-year statute of limitations for most medical malpractice claims, there are some notable exceptions that apply to cases involving birth injuries. Under Illinois law:
- Parents have until their child’s eight birthday to file most birth injury claims.
- For medical malpractice resulting in mental disability, the statute of limitations does not begin to run until the disability has been cured.
- If your doctor or medical facility intentionally conceals information about a medical mistake, you have five years to file your claim from the date that you discover your child’s injury (or until your child’s eighth birthday, whichever is later).
While this is important information for parents who have waited to seek legal help for their children’s birth injuries, if you have a child who recently suffered a birth injury, you should contact an attorney right away. Acting quickly can make it easier to pursue a successful claim, and it will also help ensure that your family receives just compensation as soon as possible.
Contact Us about Your Child’s Birth Injury
At Jackowiak Law Offices, we have been representing Chicago families in birth injury claims since 1996. We provide free initial consultations; and, with our contingency-fee representation, you do not pay any fees or costs until we secure financial compensation for your family’s losses. If you would like to speak with an attorney about your child’s birth injury, we invite you to get in touch. To schedule an appointment at your convenience, please call (312) 795-9595 or send us a message online today.