A birth injury refers to any harm or physical trauma sustained by a baby during the process of labor and delivery. Depending on the severity of the birth injury, some babies can make a full recovery with proper medical care and intervention. However, many birth injuries result in long-term complications or even death.
Birth injuries can go undetected until a child begins to miss critical developmental milestones, such as sitting up, crawling, or walking at the expected ages. If your child fails to reach these milestones at the expected times, this may indicate that they've sustained an injury at birth.
Sadly, birth injuries resulting from preventable medical errors are far too common, and the severity of these injuries can range from bruising to permanent disabilities requiring extensive medical care and rehabilitation. Several types of birth injuries are caused by medical negligence, including hypoxic-ischemic encephalopathy (HIE), cerebral palsy, shoulder dystocia, and facial paralysis.
Children who are born with birth injuries often require specialized medical care and early intervention services to help address developmental delays. The ongoing cost of these specialized treatments and services can place a significant financial strain on families. It's crucial for parents of a child who they believe suffered a birth injury due to a preventable medical mistake to try and alleviate some of the financial burdens associated with their child's care by consulting with an experienced birth injury attorney.
At Miller Weisbrod Olesky, our nationally recognized team of birth injury lawyers, registered nurses, and nurse-attorneys are prepared to meticulously investigate the circumstances of your case, gather crucial medical records, consult with top medical experts, and fight tirelessly to secure the compensation you deserve for your child's injury.
While no amount of money can reverse the harm caused by a birth injury, parents of a child living with a birth injury can secure the compensation they need to cover the cost of their child's ongoing medical treatments, therapies, and other necessary support through a successful claim.
Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our team of experienced birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
Registered Nurses and Nurse-Attorneys Are a Vital Part of Our Birth Injury Team...and Yours
Most national birth injury law firms will employ one or two nurses to assist the review of cases and medical research. Miller Weisbrod Olesky offers an unmatched number of nurses and nurse-attorneys to support our clients and dedicated birth injury team.
Our nursing team brings a deep level of medical and personal insight to every client's case. Working closely with the rest of the birth injury legal team, they investigate the reasons behind a birth injury and how medical professionals breached their standard of care...But they do much more.
For our clients, our nurses and nurse-attorneys provide valuable support with medical questions and finding healthcare providers.
While Miller Weisbrod Olesky's birth injury attorneys in Illinois aggressively prepare each legal case, another department goes into action to help the families of children we represent. We also provide IMMEDIATE help to the families of children we represent while the case is being pursued.
Led by our nurse-attorney, this department acts as a medical case manager for our birth injury clients by:
Regularly monitoring the child's medical treatment status
Helping facilitate medical treatment and therapy
Arranging transportation and services
Where necessary, we help families locate local medical providers specializing in the care and treatment of children who have suffered a birth injury. With Miller Weisbrod Olesky, you are not 'just a case'. And that's important when you are looking for a lawyer who can help you cope with your child's needs today.
What Medical Mistakes Lead To Birth Injuries?
Healthcare professionals are trained to keep mothers and their babies safe even in the most complex situations that arise during and/or shortly after birth. When doctors and other medical providers miss critical warning signs of fetal distress or fail to respond quickly, it can lead to a devastating birth injury. Families of children who suffered a birth injury may be entitled to compensation to cover the often very significant cost of caring for a child with birth injuries.
The mismanagement of any of these conditions can lead to a serious birth injury that necessitates a lifetime of special treatment and care. The birth injury lawyers at Miller Weisbrod Olesky can help file a claim against the negligent party or parties responsible for your child's birth injury and evaluate the potential damages in your case to determine how much you may be eligible to recover.
What Birth Injuries are Caused by Medical Negligence?
Birth Injury Medical Negligence can cause a variety of different birth injuries in babies. Depending on the severity of the birth injury, a child may suffer from a permanent disability that lasts throughout their lifetime. If your baby has suffered birth injuries, you should be aware of how these injuries can develop and what legal steps you can take to recover compensation for the cost of your child's care and other losses. Here are the most common types of injuries a baby can suffer due to medical malpractice.
Trauma to an infant's brain caused by negligent care before, during, or after birth can cause a baby to become deprived of oxygen (hypoxia or asphyxia) or lead to reduced blood flow (ischemia) to the fetus. Oxygen and blood flow decreases can result in a baby developing hypoxic-ischemic encephalopathy (HIE).
HIE is a severe brain disorder that may be caused by:
A complication of pregnancy known as preeclampsia is characterized by high blood pressure and protein in the urine. When a doctor fails to detect and adequately treat preeclampsia, the baby may experience reduced blood flow and develop HIE.
According to a study published by the National Library of Medicine (NLM), approximately 60% of infants affected by HIE will have severe disabilities, including epilepsy, cerebral palsy, developmental delays, and cognitive impairments. Medical professionals should closely monitor a mother and her baby during pregnancy and adequately manage any pregnancy-related complications that arise to help prevent hypoxic-ischemic encephalopathy (HIE).
Fetal heart rate monitoring allows healthcare providers to measure a baby's heart rate and rhythm. If the fetal heart rate signals that the baby is in fetal distress, doctors and other healthcare providers must intervene immediately to prevent oxygen deprivation and reduced blood flow to the baby's brain.
Monitoring a baby during labor and delivery with electronic fetal monitoring equipment is also critical to detect whether or not bradycardia is occurring. The medical term for an abnormally low heart rate is fetal bradycardia.
A slow and irregular heart rhythm is the most common indicator that the baby is suffering from fetal distress. If a medical provider fails to notice abnormalities in heart rate and/or delays treatment when fetal distress is detected, it may lead to serious long-term effects, including brain damage, paralysis, hypoxia or anoxia, and cerebral palsy.
Pitocin is administered to either strengthen or induce contractions during the labor and childbirth process. For example, a medical professional may decide to induce labor with Pitocin when a mother has maternal diabetes, preeclampsia, or failure to progress.
If Pitocin is improperly administered, a pregnant mother may begin having contractions that are too strong and/or close together. Excessive uterine activity (uterine tachysystole) can deprive a fetus of oxygen and lead to emergency complications like uterine rupture, which may be life-threatening and result in long-term outcomes for the baby, including hypoxic-ischemic encephalopathy, Cerebral Palsy, and seizure disorders. Medical professionals should immediately lower the dosage of labor-enhancing drugs or stop administration entirely when a woman shows signs of tachysystole to prevent fetal oxygen deprivation.
Allowing labor to continue for too long can be dangerous for a mother and her baby. Prolonged labor refers to labor that lasts over 20 hours for first-time mothers and over 14 hours for mothers who have previously given birth. Arrested labor, also known as failure to progress, occurs when the delivery process stops completely.
When a medical professional fails to diagnose or respond to labor that progresses too slowly or stops altogether, the baby can suffer an intracranial hemorrhage, fetal distress due to oxygen deprivation, and be at risk for developing long-term injuries such as cerebral palsy, HIE, and seizure disorders.
Some examples of birth complications that may arise from mistakes shortly after birth are an anoxic or hypoxic, brain injury, cerebral palsy, Erb's palsy, and HIE. After birth, medical professionals are responsible for monitoring and responding to any complications that may arise to prevent harm to a mother and her infant.
Bruises and swelling can happen when too much pressure is put on the baby's scalp, typically during a prolonged or difficult delivery. Swelling can also occur when a doctor or other medical professional improperly or negligently uses a vacuum extractor or forceps to assist with difficult vaginal delivery.
When a physician misuses instruments like forceps or vacuum extractors, it can leave scratches on an infant's scalp. Minor bruising and scratches usually heal on their own unless they become infected. Serious injuries caused by brain swelling and brain bleeds, like cephalhematoma, intracranial hemorrhage, and subgaleal hemorrhage, are commonly caused by trauma to the head resulting from improper use of birth-aiding tools (forceps, vacuum extractors).
How Can Birth Injuries Be Prevented?
While it is not always possible to prevent every birth complication that may arise, doctors and other healthcare professionals can reduce the risks of pregnancy-related complications by closely monitoring the mother and baby for warning signs and responding immediately with proper treatment.
In treating a birth injury, time is of the essence, and the sooner a child receives treatment and therapy, the better their chances of being able to adapt to the world around them comfortably. Each birth injury is unique, and the recommended treatments and therapies will depend on the type of injury sustained as well as the severity. A team of knowledgeable physicians like neonatologists and therapists can advise you on which treatments may be best for your child and build a personalized care plan.
Long-Term Treatment & Therapy Options for a Birth Injury
Standard treatment options used for birth injuries include:
Adaptive Equipment: Children with hypoxic-ischemic encephalopathy (HIE), brachial plexus injury, cerebral palsy, and spinal cord injuries can benefit from adaptive equipment like crutches, braces, wheelchairs, and catheters. Hearing aids, automated speech generators, and communication boards can help a child with cerebral palsy express their needs and feelings.
Medications: Children with cerebral palsy can significantly benefit from medication (Baclofen) that reduces spasms and seizures. Additionally, muscle relaxers (Dexmedetomidine) can make a child with a brachial plexus injury more comfortable and relaxed during physical therapy. In children with mild to moderate spastic cerebral palsy, Botox can reduce muscle tightness.
Occupational Therapy: Children with shoulder dystocia, Erb's palsy, sensory processing disorders, and traumatic injuries to the brain and spinal cord can practice their fine motor skills and be better able to perform daily activities with the help of occupational therapy. An occupational therapist can teach your child to perform basic tasks such as brushing their teeth and establishing daily routines that promote independence.
Physical Therapy: Children with Erb's palsy can build muscle strength and increase their range of motion with physical therapy. Physical therapy can also help improve mobility and minimize pain for children with cerebral palsy and other physical issues caused by a birth injury.
Speech-Language Therapy: Children with cerebral palsy and other feeding and communication issues resulting from birth injuries may benefit from working with a speech-language pathologist. A speech therapist can help your child express their emotions, improve their communication skills and feeding, and strengthen the muscles involved in speech and oral motor skills. Augmentative/alternative communication devices can also help children develop their ability to share their thoughts with other people.
Surgery: Children suffering from severe nerve damage or fractures may require surgical intervention. A doctor may recommend surgery to reverse the effects of brachial plexus injuries caused by negligent care during labor and delivery. Hip muscle release surgery can alleviate pain and prevent dislocation in children with cerebral palsy who develop hip subluxation. A surgeon may also recommend a selective dorsal rhizotomy (SDR) for children who are affected by spasticity.
When you think of healthcare professionals that could be held liable in a birth injury negligence lawsuit, you might automatically think of doctors and nurses. In addition to doctors, defendants in a medical negligence lawsuit can be any healthcare provider or medical facility that causes harm or injury to a patient. A skilled birth injury lawyer in Illinois can investigate the facts of your case and determine who may be responsible for your child's birth injury.
In the first 28 days following birth, a high rate of the injuries newborns suffer during pregnancy, labor, or delivery result in death. In 2021, 743 infants died before reaching their first birthday in Illinois. The majority of these infants died from medical conditions caused by insufficient medical treatment.
Medical errors are among the leading causes of accidental deaths in the United States. According to the Healthcare Cost and Utilization Project, almost 157,000 birth injuries could have been prevented in a single year. OB claims data shows that 40% of OB claims involve labor management errors.
There are several medical mistakes that can occur before, during, and after delivery. Among the most common errors are failing to monitor a mother and fetus while administering labor-inducing medications, failing to recognize and respond to a non-reassuring fetal heart rate (NRFHRS), or failing to diagnose and respond promptly to obstetric emergencies. 41% of obstetric claims result in neurological/brain injuries, while 34% result in death or stillbirth.
Vacuum-assisted deliveries carry significant risks for both the mother and her newborn compared to vaginal deliveries without the use of assistive delivery tools. Women between the ages of 25 and 34 are the most likely group to suffer injuries during delivery from the use of assistive delivery tools, such as forceps and vacuum extractors. When delivering without assistive delivery tools, women between 15-17 are most likely to sustain birth injuries during childbirth.
Subgaleal hematomas (a potentially fatal brain bleed) are more common in deliveries with vacuum assistance (4.6/1,000) than without (0.6/1000). Neonatal mortality is caused by a number of factors, such as preterm birth, birth asphyxia, and maternal infections. 1 in 10 (10.5%) Chicago babies were born prematurely in 2022.
Who Is Responsible for Birth Injury Malpractice?
Doctors, nurses, hospitals, and other medical professionals have a duty to provide a mother and her baby with the best possible care at all times. When healthcare providers and hospitals fail to meet the required standard of care, they may be held liable for medical negligence. Several parties may be held liable for a child's birth injuries, and in some cases, liability may be shared among multiple parties.
Some examples of healthcare providers and/or entities that can be held liable for medical negligence
Maternal-fetal medicine physicians and specialists (MFM)
Laboratory staff
Hospitals may be held "vicariously" if a patient suffers harm due to the negligent actions of their employees. For example, hospitals may be held vicariously liable for a doctor's failure to monitor a mother and her baby before, during, or after delivery.
A hospital may also face direct liability for its own negligent actions or omissions. For instance, hospitals may be liable for failing to staff certain units properly or for labeling medication improperly. When bringing a medical malpractice claim against a negligent healthcare provider, the plaintiff (injured party) must present sufficient evidence to show that the defendant (healthcare provider) breached their duty of care and caused the plaintiff to suffer an injury.
How Do I File a Birth Injury Medical Negligence Lawsuit?
When a child and their family have been affected by sub-standard medical care, pursuing a medical malpractice lawsuit against the negligent doctor, hospital, nurse, or other medical professional can help them recover compensation to cover the cost of their child's current and lifelong needs.
If you decide to file a birth injury claim, your birth injury attorney in Illinois will have the burden of presenting evidence to prove that your child's birth injury was caused by medical malpractice. The following are the four key elements that must be established in a medical malpractice claim related to a birth injury:
Duty of care: The plaintiff (pregnant mother) must establish that they had an existing relationship with the physician or other healthcare provider. Once this has been established, the doctor has a duty to provide reasonable care to a mother and her child during childbirth.
Breach of duty of care: The physician failed to provide an expected standard of care that another medical professional would have provided under the same or similar circumstances. This is what is commonly known as "medical negligence" or "medical malpractice."
Causation: The doctor's breach of duty (negligence/malpractice) was a cause or contributing cause of the birth injury.
Damages: The doctor's negligence caused the child to suffer compensable damages (i.e., lost income, the cost of medical care, disability, mental anguish, and pain and suffering).
Establishing these legal elements requires testimony from expert witnesses. Medical professionals with extensive experience in the relevant field and knowledge of accepted practices within that specialty can offer invaluable insight as expert witnesses and play a critical role in determining whether negligence occurred. A nationally recognized birth injury law firm like Miller Weisbrod Olesky works with highly regarded experts across the United States.
Our birth injury lawyers available in Illinois can find out who is at fault for your child's injuries and hold them accountable for their actions. Your dedicated attorney will begin investigating the facts of your case as soon as possible and gather all relevant evidence to support your claim.
What Evidence is Needed in a Birth Injury Lawsuit?
Compiling evidence that demonstrates the harm your child has endured due to a medical provider's negligent care is essential to substantiating the cause of your child's birth injury and building the strongest case possible. If you're considering filing a birth injury claim, the types of evidence you may need will ultimately depend on the specifics of your case.
Be sure to gather up your child's medical records and keep notes on any doctor's appointments, medications, therapy, and records of any communication you have had with your physician and/or the hospital.
If you do not know how to gather these records, quickly hiring an expert birth injury attorney like those at Miller Weisbrod Olesky can gather these records on your behalf.
Common types of evidence your birth injury lawyer will gather on your behalf:
Medical records of the baby's birth injury and any follow-up care
The mother's medical records during pregnancy, labor, and delivery
Witness interviews from anyone involved in the delivery (obstetricians, nurses, and other medical professionals)
Test results, X-rays, and MRI scans
Expert testimony from medical experts in the same or related field, financial experts, actuaries, and life-care planners
The estimated cost of any future treatment the child will need
Previous complaints filed against the medical professional
Invoices, check stubs, or work schedules showing income you've lost as a result of your infant's injury
The medical professional's employment and disciplinary records
A detailed account of the events that occurred before, during, or after delivery
Physician, nursing, and operative notes
Records detailing the administration of any medication
Photos and videos of the labor, delivery, and even your child's injuries
Documentation that describes co-existing conditions or complications
Medical bills for any injury-related costs
Other bills and receipts showing any additional costs you've incurred
Hospital orders, policies, and records
Our birth injury attorneys in Illinois will consult with one or more expert medical witnesses who can demonstrate how a doctor, hospital, or other healthcare provider's actions or failure to act led to your child's birth injury. Expert testimony is typically required to establish the standard of care a reasonable medical professional in the same specialty would have provided in a similar or the same situation.
We will also consult with physicians, life care planners, and economists who can provide an opinion regarding your child's long-term medical needs and diminished ability to earn income in the future due to the injury. In pursuing compensation, strong evidence is crucial to prove liability and demonstrate the extent of the harm caused by the medical provider's negligence.
What Compensation Is Available in a Birth Injury Lawsuit?
The compensation you could receive if your child has suffered a birth injury due to medical negligence can help you cover expenses associated with your child's injury, including the cost of lifelong care. The settlement amount you may be awarded in a birth injury claim will depend on several factors, including the level of medical negligence that took place. Damages in birth injury cases are generally divided into two categories; economic and non-economic losses.
Economic Damages
These damages typically include any direct financial losses you or your child have suffered as a result of the birth injury.
Medical bills and life care expenses (including the cost of any future medical care)
Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
The cost of special education and tutors
Home and vehicle modification costs (such as ramps or accessible bathrooms)
The cost of surgery or other specialized treatment
The cost of diagnostic testing
Non-economic Damages
Non-economic damages are meant to compensate birth injury victims for more subjective forms of harm, such as pain and suffering or emotional distress.
Pain and suffering
Diminished quality of life
Disability and Physical Impairment
Disfigurement and permanent scarring
Mental Anguish
Anxiety, depression, or post-traumatic stress disorder (PTSD)
Loss of consortium
Punitive or exemplary damages may be awarded when the at-fault party's conduct is grossly negligent, reckless, intentional, or malicious. These damages are designed to punish the negligent healthcare professional for their extreme carelessness or disregard and deter others from making the same mistakes in the future.
Some of the factors that may be considered in determining the amount of compensation you may be awarded include the severity of your child's birth injury, the extent of economic losses you've incurred, and the long-term effects of the injury on your child's quality of life.
To determine the potential amount you're owed, a birth injury lawyer will investigate the details of your case and determine which damages apply in your case. It is crucial to remember that the statute of limitations sets the maximum time you have to initiate legal proceedings. Missing the deadline could prevent you from filing a lawsuit altogether.
How Long Do I Have to File a Birth Injury Malpractice Claim in Illinois?
Birth injury lawsuits are governed by statutes of limitations (SOLs), which establish time limits for filing a suit against a negligent doctor, hospital, or other medical professional in a birth injury case. The statute of limitations may vary by state and the type of case you're filing.
Medical malpractice claims brought against a physician, nurse, hospital, or other healthcare professional in Illinois must be filed two years from the date the injury was discovered or reasonably should have been discovered by the victim.
The statute of limitations (SOL) may be extended in cases involving children. Parents and guardians have eight years from the date of injury to file a birth injury lawsuit on behalf of their minor children. Any parent or guardian can bring a birth injury lawsuit on behalf of their child before they turn 18 years old.
In cases where the injured victim does not immediately know they have been injured, the statute of limitations may be extended. The discovery rule gives victims the opportunity to file a claim even if they did not realize they were injured at the time of the accident. Under the discovery rule, the SOL is paused until the victim discovers or reasonably should have discovered that they were injured.
Also, the statute of limitations for birth injury claims may vary depending on where the injury occurred. If your child was born in a state or government hospital, the statute of limitations may differ (or even be shorter). These include military hospitals, federally funded hospitals, and prenatal care clinics.
While this law appears to provide enough time for people to file a lawsuit, gathering evidence to build an effective case can be challenging and time-consuming. If you do not file within the timeframe applicable to your case, you may lose your right to seek justice and fair compensation. Consulting with an Illinois birth injury attorney who can determine when the statute of limitations starts in your case is essential to safeguard your rights and best interests.
Miller Weisbrod Olesky Is Different from Most Law Firms...We Provide Help Now!
Many birth injury law firms focus only on pursuing their client's legal cases. At Miller Weisbrod Olesky, we know your child needs help today - not just when your birth injury lawsuit is settled. Our team focuses on helping our clients NOW when they need it most.
We know that children with birth injuries like hypoxic-ischemic encephalopathy (HIE) and cerebral palsy often require intense therapy, specialized medical treatment, and assistive care. The stress of providing for a birth-injured child's needs can be both emotionally and financially draining.
But just 'knowing' this is not enough. We act on this knowledge by providing exceptional services to birth-injured children and their families.
What Can Our Birth Injury Lawyers Do for You?
As Birth Injury Lawyers practicing in Illinois, we fight to get justice for our clients. We believe in holding negligent medical professionals accountable for their negligence.
Discussing your case with you in detail
Using our extensive resources to investigate your baby's records thoroughly
Providing nurse-attorneys and nursing staff who understand what has happened medically
Consulting with experts who understand how you and your child should have been treated
Seeking compensation for your baby's injuries from the people who caused them
Contact Us Today for a Free Consultation with Experienced Birth Injury Lawyers
If a healthcare provider's negligence causes your baby to suffer a birth injury that results in a lifelong disability or developmental delays, the Illinois birth injury attorneys at Miller Weisbrod Olesky can help you hold negligent doctors, hospitals, or other healthcare professionals responsible for their actions.
We will investigate the circumstances surrounding your child's injury, collect evidence, and consult with expert witnesses to build a strong case on your behalf. Although birth injury cases rarely go to trial, we are prepared to fight for your child's rights in court if needed.
We understand that this is a challenging time for your family, which is why we offer free consultations to discuss your case and help you explore your legal options. Our lawyers also work on a contingency fee basis, which means you won't have to pay any legal fees unless/ until we win your case.
Are There Birth Injury Support Groups in Illinois?
Parents, caregivers, and children who have suffered injuries at birth often have emotional needs that healthcare professionals are not fully equipped to address. Families and children with special needs can significantly benefit from birth injury support groups that provide them with a safe space where they can connect with others who are going through similar experiences and exchange valuable advice.
Children living with birth injuries can also greatly benefit from participating in support groups as they offer opportunities for them to build friendships and develop social skills in an accepting and supportive environment. There are several birth injury support groups available to children and their parents/caregivers in Illinois.
Birth injury support groups can be found everywhere, from local community centers to online forums dedicated to providing essential resources and emotional support for affected families. Online birth injury support groups offer the convenience of connecting with others from the comfort of one's home, making them accessible to people regardless of their location. To find reputable online support groups, start by seeking recommendations from healthcare professionals and other parents in forums or social media groups.
Parents can find recommendations for in-person birth injury support groups by consulting their healthcare providers or local hospitals. Many medical facilities maintain lists of support groups and can help connect families with local resources. Additionally, community centers and libraries often have information about nearby support meetings. An Illinois birth injury attorney can assist families of children who've suffered injuries at birth, guide families through the process of filing a lawsuit, ensure their rights are protected, and negotiate with insurance companies to secure a fair settlement for their child's future care.
