Nothing is more devastating for parents than their child suffering an injury or illness. For some new parents, their worst fears come true. Their newborn baby is the victim of negligence or wrongdoing by the doctors and healthcare providers charged with delivering and caring for their infant.
If your child was injured because of mistakes and errors made during labor and delivery in Chicago, Illinois, you and your child could be entitled to compensation for damages. Our Chicago birth injury lawyers can help you file claims to hold the at-fault parties responsible for their actions.
Since opening our Chicago personal injury law firm in 2009, our team of lawyers has recovered millions of dollars for our clients. Zayed Law Offices has earned membership in the Million Dollar Advocates Forum because of our proven track record of securing top awards for our clients. Our founding attorney, Adam J. Zayed, is among the attorneys on the Top 40 list by The National Trial Lawyers and the Illinois 40 Under 40 Attorneys to Watch in 2022.
How Zayed Law Offices Can Help if Your Child Was Injured During Birth in Chicago, IL
At Zayed Law Offices, our legal team is dedicated to protecting the rights of parents and their children after a birth injury. We understand you and your child have lived through a traumatic experience. Our team of lawyers provides compassionate, trusted legal guidance.
Zayed Law Offices has been featured on national news outlets like CBS, NBC, and WGN America. We have also been featured in Forbes and the Chicago Tribune. Our lawyers are highly rated by Best Lawyers and Super Lawyers. We have the skills, resources, and experience to handle the most complicated personal injury cases and win.
When you hire our award-winning, trusted personal injury lawyers in Chicago, we will:
- Explain your legal rights and discuss options and strategies for filing claims
- Complete an independent investigation into the reason for your child’s birth injury
- Identify all parties responsible for causing your baby harm
- File insurance claims and handle all matters with the insurance company for you
- Document the damages you and your child sustained
- Work with top-rated expert witnesses, as necessary
- Aggressively negotiate for a fair childbirth injury settlement
- File a lawsuit and have a skilled trial attorney argue your case in court, if needed
Call us now for a free case evaluation from one of our birth injury lawyers in Chicago, IL.
Overview of Birth Injuries in Chicago, Illinois
A birth injury can occur before the baby is born, during delivery, or immediately after birth. Birth injuries can result in traumatic injuries that alter a child’s future.
Medical professionals have a duty of care to monitor and provide care for the mother and the baby. If they breach their duty of care, they can be held liable for damages under Illinois medical malpractice laws.
What Causes Birth Injuries in Chicago, IL?
Doctors and healthcare providers cannot control every situation. Sometimes, a bad outcome is unavoidable.
However, if a birth injury results from negligence or intentional conduct, the party responsible for the injury can be held liable. Many birth injuries are avoidable or preventable. They happen because a responsible party breaches the duty of care owed to their patient.
Common causes of birth injuries in Illinois include, but are not limited to:
- Failing to review the mother’s medical history to identify conditions that could pose a risk during labor and delivery
- Oxygen deprivation for the infant
- Anesthesia mistakes and errors
- Uterine rupture
- Delays in performing a Cesarean section
- Failing to monitor the mother and the baby during labor and delivery for signs of distress or problems
- Surgical mistakes and errors
- Not taking into consideration how the size of the baby could complicate the delivery
- Failing to diagnose a prolapsed umbilical cord timely
- Difficult or obstructed labor (dystocia)
- Improperly using forceps, vacuums, and other birthing implements
Labor and delivery can be chaotic. However, that does not excuse a nurse, doctor, or other medical provider from providing an acceptable standard of care for a given situation. Failing to meet the level of care required for labor and delivery could result in a medical malpractice claim.
What Conditions Can a Baby Sustain Because of a Birth Injury in Chicago, Illinois?
The consequences of a birth injury depend on the facts and circumstances of the situation. Some birth injuries can result in life-long impairments that significantly impact the child’s quality of life, growth, and development.
Potential conditions and consequences of birth injuries in Chicago include:
- Cerebral palsy
- Placental abruption
- Traumatic brain injury
- Hypoxic Ischemic Encephalopathy (HIE)
- Caput succedaneum
- Brachial plexus injuries
- Subconjunctival hemorrhage
- Fractures and broken bones
- Spinal cord injury
- Erb’s palsy
- Shoulder dystocia
- Neck injuries
Parents should monitor their infants for signs of distress or injury. Excess crying, swelling, bruising, weak reflexes, feeding problems, and trouble breathing could be signs of a birth injury.
If you suspect your child suffered an injury during labor and delivery, seek immediate medical attention for your child. It is better to err on the side of caution and have a doctor check your infant.
What Compensation Could I Receive for a Birth Injury Claim in Chicago, IL?
Determining how much your case is worth requires an attorney to scrutinize the facts of the case. Many factors impact how much you and your child could receive for a personal injury or medical malpractice claim.
Our Chicago birth injury lawyers at Zayed Law Offices carefully analyze every factor in your case. We document your damages to calculate the maximum value for your claim.
Parents and their infants can typically receive compensatory damages for a birth injury claim. These damages include economic damages (financial losses) and non-economic damages (pain and suffering).
Examples of economic damages for a birth injury claim include:
- Medical bills
- In-home nursing care
- Loss of future earnings
- Physical, occupation, and other rehabilitation therapies
- Special education services
- Out-of-pocket expenses
The value of your economic damages is the total of all financial losses. If your child sustained a permanent impairment or disabling condition, the damages could include compensation for ongoing and future damages.
You and your baby are also entitled to compensation for the suffering caused by the birth injury. Examples of non-economic damages in a birth injury case include:
- Scarring and disfigurement
- Emotional distress
- Mental anguish
- Loss of enjoyment of life and quality of life
- Physical pain and suffering
- Impairments and disabling conditions
Sadly, birth injuries can result in significant emotional, cognitive, and physical impairments for a child. Your child could face a lifetime of medical bills and other expenses. They might never be able to care for themselves or work a regular job.
Our Chicago birth injury lawyers at Zayed Law Offices help get justice for you and your baby. Call us for a free consultation to learn more about how we can help you with a birth injury case.
How Much Is a Birth Injury Case Worth in Chicago, Illinois?
Numerous factors impact how much a birth injury claim is worth. Generally, the severity and nature of the child’s injuries are a significant factor. The value of the case increases as the severity of the child’s injury increases.
Other factors that impact how much your birth injury claim is worth include the following:
- The type of injury your child sustained
- The medical treatments required
- Whether your baby will suffer a permanent impairment
- If your child has severe scarring or disfigurements
- The cost of your lost wages and expenses in caring for your child
- The impact the birth injury has on your child’s future educational and career options
- The impact the birth injury has on your child’s quality of life
A hospital, doctor, or insurance company might offer a quick settlement. Don’t be fooled by these offers. They are generally lower than your case is worth.
Contact our Chicago birth injury attorneys before signing any documents or discussing the claim with any parties. Understanding your legal rights is essential to protect your baby’s best interests.
What Is the Statute of Limitations for Chicago, IL Birth Injury Claims?
A statute of limitations sets deadlines for filing lawsuits. Judges can dismiss lawsuits filed after the statute of limitation expires.
Most birth injury cases are medical malpractice claims. The deadline for filing medical malpractice claims in Illinois is generally two years after the date that the patient:
- Discovered the injury; OR
- Should have reasonably known about the injury, which date comes first.
However, there is a maximum four-year deadline for medical malpractice claims from the date of the act or omission that resulted in the injury. The deadline could be extended if a medical provider fraudulently concealed the malpractice.
Children do not have the legal capacity to file a lawsuit or claim. Therefore, parents and legal guardians must file the claim.
The time to file a medical malpractice claim involving injury to a child could be longer. However, it is unwise to wait to file a birth injury claim. It is best to speak with one of our Chicago birth injury lawyers as soon as possible if you suspect a medical provider injured your baby. We can help you protect your legal rights and ensure you know the correct deadline for your case.
Schedule a Free Consultation With Our Chicago Medical Malpractice Lawyers
You do not have to face this battle alone. You can have a team of lawyers and legal professionals standing up for you and your child. Contact Zayed Law Offices to request your free case review with a skilled Chicago birth injury attorney.