You may be able to file a medical malpractice claim or lawsuit if your child suffered a birth asphyxia-related injury, such as:
- Cerebral palsy
- Epilepsy or seizures
- Fetal stroke
- Developmental and other learning disabilities, including mental retardation
- Hypoxic-ischemic encephalopathy (HIE)
- Physical impairments with vision, hearing, and feeding
- Motor function-related disorders
If you live in Des Plaines, Illinois, call the Birth Injury Lawyers Group to hire a Des Plaines birth asphyxia lawyer to work on your case. When you call (800) 222-9629, you can begin a free consultation with one of our representatives and discuss your case in detail. Our team is available 24-7, so do not hesitate to reach out whenever you are ready.
For a free legal consultation, call 1-800-222-9529
You Can Hold Medical Professionals and Facilities Liable for Birth Asphyxia
Medical malpractice cases have a reputation for being challenging to prove, but that does not mean they are impossible. For instance:
- If a medical professional committed an error during a procedure or neglected to give proper care to their patient, they can be held liable for medical negligence.
- A medical professional can be a doctor, nurse, surgeon, pharmacist, or another staff member at the facility that was involved in the patient’s care.
- A medical facility, such as a hospital, can also be held liable for its staff members’ negligence.
Des Plaines Birth Asphyxia Lawyer Near Me 1-800-222-9529
Why Should You Hire a Lawyer?
The team at the Birth Injury Lawyers Group works on medical cases involving birth injuries to help parents fight for their children’s justice.
When we take you on as a client, we will inquire how the delivery process happened and what obstacles you faced, including what information might have been held from you at the time. We will conduct an investigation to identify the liable party or parties and advise you on who to take action against.
From there, we may refer to a medical professional to serve as an expert witness on your case. With their testimony, we can ascertain how severe the physician’s, birthing staff’s, and/or facility’s error was. They may also give testimony to establish how long side effects might last, what other treatments might be necessary for your child in the future, and how the medical error could have been prevented had proper care been taken.
Calculating the Damages Related to the Birth Injury
Once we identify who you might sue for compensation—which might involve taking action against more than one individual—we next need to determine the value of your damages.
This is another service we provide to our clients so that we have a tangible goal to pursue when filing your claim or lawsuit. To calculate your damages, we will measure the value of your economic and non-economic losses.
Categorizing Your Losses
In short, your economic losses refer to financial debts or future expenses you will have to cover that are related to your child’s birth injury. Non-economic damages generally do not have a financial value attached to them, as they are more subjective and are based on physical, mental, or emotional damage.
Types of Damages You Can Claim
Some examples of damages you might claim to receive compensation for include:
- Medical expenses, which can include expenses related to the birth delivery, emergency surgeries (e.g., C-section), hospital stays, and diagnostic tests performed to identify the injury
- Loss of income, which can occur if your child’s injury required you to leave your current position to become a full-time caretaker or take your child to multiple treatments
- Diminished quality of life for both you and your child, depending on the birth injury
- Pain and suffering that both you and your child experienced, whether physical or emotional
This is not an exhaustive list, so our legal team may suggest other damages that are suitable for your case. For example, if your child’s birth injury led to a permanent disability, we can determine whether having to take care of your child also permanently reduces your earning potential or if you will need to hire additional care to meet the needs of your child.
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Medical Malpractice Cases Have a Deadline that You Must Follow
When the victim of medical malpractice is a minor, their medical malpractice lawsuit must be submitted within eight years of the date of injury, according to 735 ILCS 5/13-212 (b). Failure to comply with this statutory deadline may put your case at risk of being dismissed by the judge who rules over it.
To avoid this, our legal team will monitor this deadline for you and even submit paperwork on your behalf so that your case can move forward in the legal system. We can also let you know when the filing deadline is approaching. This can be helpful should you decide to file a medical malpractice claim but experience negotiation obstacles along the way. You can still file a lawsuit during negotiations to ensure you do not miss the filing deadline.
If your child died as a result of birth asphyxia, our team can also help you file a wrongful death lawsuit. Per 740 ILCS 180/2, plaintiffs generally have two years to file their case.
Call the Birth Injury Lawyers Group to Speak to a Des Plaines Birth Asphyxia Lawyer
Call the Birth Injury Lawyers Group at (800) 222-9629 for a free consultation. A representative of our firm can review your case and answer specific questions you have.