Birth Injury

The birth of a child is often a day of celebration for parents and their loved ones. After nine months of anticipation and preparation, parents envision leaving the hospital with their newborn child. Unfortunately, birth injuries and complications may arise during pregnancy, delivery, or various other reasons. In many cases, birth injuries are preventable and occur because a doctor, nurse, or other medical professionals was negligent.

When their doctor or nurses prove to be negligent or incapable, the resulting injuries can be catastrophic. Due to such medical malpractice, mothers and children can be injured or may even suffer wrongful death. The injuries sustained by a baby during the delivery process can affect the child for years. These injuries could often be permanent, affecting the child for the rest of their life.

During difficult times, Kasan Law’s Chicago and Illinois birth injury lawyers can help protect your legal rights, allowing you time to grieve without having to worry about securing evidence, witness statements, and meeting court deadlines.

Birth Injury Cases

Birth injuries typically arise from a doctor’s failure to respond accurately to a condition that occurs during delivery or a doctor’s failure to provide appropriate prenatal care. A doctor delivering a baby may fail to perform a necessary Cesarean section, may fail to respond to signs of fetal distress adequately, may improperly assess the baby’s health, or may misuse vacuums or forceps. Injuries to children during the birth process frequently form the basis for a special type of medical malpractice case.

Unborn or newborn children can also suffer serious injury if a doctor or nurse is negligent. Infants all too frequently suffer brain damage, respiratory problems, shoulder dystocia, or other injuries that have lifelong implications. A birth injury is not always manifested early in a child’s life and sometimes take years to appear. In an appropriate matter, our firm will accept a case and wait to see how the child develops.

Mothers can suffer from many different types of severe injuries because of medical negligence. During pregnancy, their physician could fail to monitor the mother or baby properly, which may result in complications and injuries. Preeclampsia is one example of such a consequence. Preeclampsia occurs when the mother develops high blood pressure and protein in the urine late in pregnancy or during labor. The mother could also suffer from vaginal tears, vacuum injuries, or a Cesarean section injury. Each of these injuries can endanger the life of the mother and might cause lasting damage.

Birth Defect or Birth Injury

A birth defect is any form of developmental abnormality, congenital defect, or health problem present in a baby at birth. For example, Down Syndrome, cleft palate, heart murmur, and affect any organ. In some circumstances, birth defects are caused by outside factors, such as pregnant mothers taking medication that are known to cause birth defects. In these cases, the medication birth defects could have been prevented had the physician not prescribed the medications during pregnancy.

A birth injury is any form of injury that occurs to the baby sometime immediately before, during, or after being born. Birth injuries, unlike defects, are preventable in many cases, depending on the specific circumstances of the birth process. The most common types of preventable birth injuries are due to:

• Pulling and/or twisting the infant improperly during the delivery period
• Improper handling and use of birth-assisting tools, such as forceps or a vacuum extraction tool
• Administering the wrong amount or the wrong type of medication to the mother during pregnancy and during labor
• Failure to monitor the infant properly for distress
• Failure to schedule and perform an emergency cesarean
• Medical staff inattentiveness, exhaustion, or inexperience

Types of Birth Injury Cases

At Kasan Law, our Chicago and Illinois birth injury attorneys handle various medical errors and injury matters, including:

• Shoulder dystocia: During delivery, the baby’s shoulder may become lodged behind the mother’s pelvic bone, presenting an urgent life-or-death medical emergency.

• Erb’s palsy: A nerve injury that impairs movement and sensation in the arm, Erb’s palsy is often caused by shoulder dystocia. It is the most common type of brachial plexus injury, meaning it involves the brachial plexus nerves in the neck and shoulder.

• Breech birth: In most cases, a baby’s head should be delivered first. Feet-first deliveries constitute a “breech birth” and cause a wide range of medical problems.

• Preeclampsia: Characterized by high blood pressure and bodily distress in the mother, preeclampsia threatens the life of both mother and child. Unchecked, it can lead to birth injuries, full-blown eclampsia, or even death.

• Birth asphyxia: Labor and delivery are sensitive and vulnerable procedures. Almost any error can threaten the baby’s oxygen supply. Even momentary oxygen deprivation can cause permanent brain damage or death. One typical result is a dangerous brain condition called Periventricular Leukomalacia (PVL).  

• Forceps Injuries: Doctors sometimes use forceps to aid in delivery, but extreme diligence and caution are required. The slightest error can cause catastrophic injury to the baby. The same is true for vacuum extractor injuries.

• Negligent C-Section: Cesarean sections are dangerous procedures requiring a doctor’s expert skill and care. Any error could cause severe damage and may constitute medical malpractice.

• Wrongful death of infant: Wrongful death of a fetus or baby could be caused by medical negligence.

• Wrongful death of mother: Wrongful death of a mother could be caused by negligence or medical malpractice.

Free Consultation

At Kasan Law, we take pride in providing personalized legal services to each client that selects our firm. We take the time to fully understand your story, injuries, and how the incident has impacted your life. We take all personal injury cases on a contingency basis, which means there are no up-front costs, and you will not pay any legal fees unless we get you compensation. Our consultations are free and carry no obligations.

If you or a loved one has been injured due to medical or professional negligence, you should take immediate action to protect your right to recover damages. Contact our Chicago and Illinois birth injury attorneys to schedule your free consultation and case review by calling (312) 300-6724, e-mailing us at Info@LawKasan.com, or schedule your consultation online.