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A Guide to Birth Injury & Your Rights

Walner Law®
Walner Law®

March 22, 2022

a close-up of a baby's hand

When you are an expecting parent, you should be excited about what’s to come. You are entering a chapter in your life full of love and joy. However, there are some situations in which your baby suffers a severe injury during the pregnancy or delivery.

Birth injuries happen far more often than they should because of various reasons. When they do, it’s vital to understand what options you have. If someone else’s negligence is the cause for your baby’s injury, you should work with a lawyer to pursue the justice and compensation you deserve.

At Walner Law®, we aim to help you with all legal matters. We want you to understand how to move forward if your child suffers a birth injury.

Below, we will explain the following:

  • Causes of birth injuries
  • Common types of birth injuries
  • Liability in birth injury cases
  • Why a lawyer is so vital to your case

If your baby experiences a birth injury and you need legal guidance, trust our team to help. Call us at (312) 313-2888.

Causes of Birth Injuries

Birth injuries can occur in various situations, some of which include negligence. In other situations, the birth injury can result from maternal conditions or if the baby is too big. However, it’s vital for doctors to ensure they monitor mothers and babies to determine if there’s a problem and what can be done to fix it.

These are some common causes of birth injuries:

  • Improper use of birth-aiding tools
  • Failure to monitor fetal conditions
  • Failure to address the need for an emergency cesarean section
  • Prolonging labor and delivery

All birth injuries have underlying situations that impact a child’s life forever. For instance, if the doctor fails to monitor the pregnancy, a baby may endure oxygen deprivation. Reduced oxygen in the baby can cause brain damage, which can lead to other diagnosed conditions.

If a doctor’s actions were the cause of a birth injury, it’s vital to keep records indicating the care—or lack thereof. Working with a lawyer can help you through the process.

Common Types of Birth Injuries

Babies can suffer some of the worst injuries when someone else is responsible. It’s crucial to recognize the different types of birth injuries your baby may sustain and how treatment looks for the long-term future.

  • Cerebral palsy: This is one of the more common types of birth injuries impacting a baby’s brain. When a baby suffers cerebral palsy, they can deal with stiff muscles, coordination issues, and spastic movements.
  • Brachial palsy: A baby that suffers an injury to their brachial plexus can experience shoulder dystocia. They might have trouble with arm movements, and a tear can result in permanent damage.
  • Hypoxic ischemic encephalopathy: Also referred to as HIE, this type of injury is the result of oxygen deprivation. In most situations, HIE can lead to severe brain damage and even fatal harm.

Several birth injuries can occur, and it’s crucial to diagnose and treat them quickly. Without proper diagnosis, it can lead to permanent problems for the baby.

Liability In Birth Injury Cases

When you deal with a birth injury, you want to ensure that you have the necessary tools to provide ongoing care and treatment. However, it’s not always easy to do on your own. You should understand how liability plays a role in birth injury cases so that you might pursue compensation from the responsible party.

Liability varies greatly in these situations, with multiple parties potentially holding some responsibility. While some cases of birth defects may be genetically determined, some negligent parties can include the OB/GYN, anesthetic experts, nurses, and more.

It’s vital for all parties involved in the pregnancy and labor to properly monitor their patients and babies to ensure a safe delivery. Whenever duty of care is breached, the injured parties or their families can pursue compensation. Proving liability requires four factors:

  • Duty of care
  • Breach of duty of care
  • Causation
  • Damages

Speak with an experienced and qualified lawyer to fully understand your rights.

Why a Lawyer Is So Vital to Your Case

When going up against medical professionals, you deserve to have someone on your side. A lawyer can help you gather the evidence you need to show when specific people are responsible for damages and the legal options to pursue compensation. A lawyer also helps you go through the process and protect you from large corporations that might try to limit your compensation during a difficult time.

If you have a case, an attorney is critical to its success. Be sure to gather as many documents as possible to show that the responsible party should be held financially accountable for the damages your baby may experience.

At Walner Law®, we safeguard your rights. Our goal is to help you through the legal process while helping you understand your options to pursue compensation. We know how challenging this experience may be for you. When you feel like your back is against the wall and there’s nobody on your side, we will be there to help you pursue justice.

Our Chicago birth injury lawyers know what it takes to hold negligence accountable. We work to explain your rights and help you pursue the compensation your family deserves. Trust that, with our team on your side, you can feel peace of mind moving forward. Let our team give your family a voice, and we will do all we can to protect you throughout every step of the process.

Call our firm today at (312) 313-2888 so that you can be aware of your rights.

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