Service

Birth Injury

Has your child suffered a birth injury?

Birth injury laws are designed to protect the rights of newborns and their families in cases where the baby suffers harm or injury during the birthing process. These laws recognize that birth injuries can have long-lasting physical, emotional, and financial consequences for the affected individuals and aim to provide legal recourse and financial compensation to those affected by medical negligence or malpractice.

Birth injury cases can arise from various factors, including errors in prenatal care, complications during labor and delivery, improper use of medical tools, failure to monitor the baby’s condition, or delayed response to fetal distress. These injuries can range from mild to severe, and in some cases, they may lead to lifelong disabilities, such as cerebral palsy, brain damage, nerve injuries, or developmental delays. Birth injury laws seek to hold healthcare providers accountable for their actions or omissions that result in harm to the baby, ensuring that families receive the support and resources they need to provide the best possible care for their child.

Birth Injury

How does birth injury happen?

Birth injuries can occur due to various factors and circumstances during the childbirth process. While some birth injuries are unavoidable, others may result from medical negligence, mistakes, or errors made by healthcare professionals. Understanding how birth injuries happen can help shed light on the potential causes and the importance of seeking legal assistance when necessary.

One common cause of birth injuries is prolonged or difficult labor, which can place excessive stress on the baby. This may lead to conditions such as oxygen deprivation, which can result in brain damage or other serious complications. Additionally, improper use of medical tools, such as forceps or vacuum extractors, can cause injuries to the baby’s head or body during delivery.

Negligence in prenatal care can also contribute to birth injuries. Inadequate monitoring of the mother’s health or failure to identify and address potential complications during pregnancy can increase the risk of harm to both the mother and the baby. Failure to diagnose or appropriately manage conditions such as preeclampsia, gestational diabetes, or infections can lead to adverse outcomes.

Other factors that can contribute to birth injuries include medication errors, improper administration of medications during labor, and failure to timely perform a necessary cesarean section (C-section) when the health of the mother or baby is at risk. It is important to note that birth injuries can be caused by a combination of factors and that each case is unique.

How can a Lawyer help me?

N

Legal expertise: Birth injury cases can be complex, involving medical laws, regulations, and standards of care. An experienced birth injury attorney has the knowledge and understanding of these legal aspects and can navigate the legal system on your behalf.

N

Investigative resources: A skilled attorney will have access to investigative resources and medical experts who can help gather evidence, review medical records, and determine if negligence or medical malpractice played a role in the birth injury. They can uncover crucial details that can support your case.

N

Advocacy and representation: Having a dedicated attorney by your side ensures that your rights and interests are protected throughout the legal process. They will advocate for you and your child, negotiating with insurance companies and opposing parties to seek fair compensation for the damages you have suffered.

N

Calculating damages: Birth injuries can result in significant medical expenses, ongoing care needs, loss of income, emotional distress, and other damages. An attorney experienced in birth injury cases can accurately assess the full extent of your damages and ensure that you pursue appropriate compensation to cover these costs.

N

Peace of mind: Dealing with the aftermath of a birth injury can be overwhelming and emotionally challenging. Hiring an attorney can provide peace of mind, knowing that you have a legal professional who will handle the complexities of your case, allowing you to focus on your child's well-being and recovery.

Birth Injury Lawyers

If you suspect that your child’s birth injury was a result of medical negligence or malpractice, it is crucial to consult with an experienced birth injury lawyer to evaluate your case and pursue appropriate legal action.

Schedule a Free Case Review

Office Hours

Monday – Friday:  8:30 am – 5:00 pm

Zoom / Facetime Remote meetings available upon request.

MacCloskey Kesler & Associates

Contact Info

308 W. State St. #200
Rockford, IL 61101
(815) 965-2000
Copyright © 2024 MacCloskely Kesler & Associates