If your child suffered birth asphyxia and is expected to experience long-term effects from this injury, an Elgin birth asphyxia lawyer can help you take legal action. While birth asphyxia can happen with little to no warning and no known cause, there are times when a doctor’s intervention could have prevented birth asphyxia.
When birth asphyxia occurs, the medical team overseeing the delivery is responsible for taking steps to protect the newborn. The Birth Injury Lawyers Group helps families like yours file medical malpractice claims and lawsuits to seek damages from the liable party. Call us today at (800) 222-9529 to receive a complimentary case review with one of our team members.
Medical Negligence Can Lead to Birth Asphyxia
There are certain factors that can increase the chance of birth asphyxia occurring, and doctors are trained to look out for and address these factors. Doctors are also trained to identify the symptoms of birth asphyxia when it does occur and take immediate action to prevent permanent damage to the brain and other organs.
When a care provider does not fulfill these standards of care, allowing an infant to suffer injuries, they can be liable for medical negligence. Families who are facing the aftermath of a birth injury like birth asphyxia can use evidence of such negligence to recover damages through a claim or lawsuit.
If your child sustained a birth injury because of a negligent care provider, you don’t have to add building a medical malpractice case to your list of worries. An Elgin birth asphyxia lawyer can handle these and other tasks for you while you tend to your child’s health and wellbeing. Call the Birth Injury Lawyers Group now at (800) 222-9529 to request legal representation and learn about our services.
What the Birth Injury Lawyers Group Can Bring to Your Case
When you work with our team, you gain peace of mind that someone is on your side and advocating for your family. The Birth Injury Lawyers Group can guide you through each step toward your financial recovery, from navigating the claims process to taking your case to trial. Explore some of the services we offer below and how they can help your case.
An Investigation into Birth Asphyxia
The first step in any medical malpractice case involves reviewing the facts. We will discuss the circumstances and consequences of your child’s birth asphyxia with you at length. The information we gather will direct our investigation, so it is important to tell us everything you can. From there, we can conduct interviews and collect evidence to determine who to hold liable in a medical malpractice case.
Evidence Collection and Case Building
Once we have an idea of who is liable for your child’s injuries and your financial damages, we can begin to build a case against them. We will use the evidence collected during our investigation to build your case, which may include:
- Medical records concerning the pregnancy, delivery, and occurrence of birth asphyxia
- Records regarding any injuries and conditions that the birth asphyxia caused
- Witness testimony regarding the care provided throughout the pregnancy and delivery
Illinois law also requires testimony from a third-party medical expert in medical malpractice cases. As such, we will need to seek out a medical professional who also delivers babies to review your case. The medical professional can outline the correct procedures that should have been followed to prevent or address your baby’s birth asphyxia.
Damage Calculation
In order to collect damages in a medical malpractice lawsuit, you must first establish the value of your case. This will involve identifying and adding up all of your economic damages, such as:
- Hospital bills
- Treatment and therapies for your child’s birth asphyxia or resulting injuries
- Income lost while taking your child to specialists
- The cost to hire help if your child needs additional support
- Expenses for assistive devices or medications your child requires
Beyond these, birth asphyxia can lead to a number of non-economic damages, as well. While these have no monetary value on their own, our team can help you calculate and recover compensation for the following:
- Disability, if your child developed a neurological condition because of the birth asphyxia
- Pain and suffering your child experienced or will continue to experience
- Quality of life, if your child’s birth injuries will have life-long effects that impact their independence and wellbeing
If birth asphyxia or a resulting injury led to the death of your infant, we are prepared to help you calculate and seek wrongful death damages.
Interpretation of Illinois Medical Malpractice Law
Several laws can come into play when making a case for medical malpractice. These are not always easy to interpret without a legal background, and misinterpretation of them can jeopardize your right to recovery. We can go over these laws and determine how they impact your case so that you don’t have to.
One law we will pay close attention to is 735 ILCS 5/13-212, which outlines the statute of limitations for medical malpractice cases in Illinois. Illinois law specifies that the statute of limitations in medical malpractice cases is two years. The statute of limitations is a deadline by which you must file a lawsuit. Otherwise, you could lose your right to sue.
Hire an Elgin Birth Asphyxia Lawyer Today
If you are seeking to file a medical malpractice case in Elgin for your infant’s birth asphyxia and related injuries, look to the Birth Injury Lawyers Group for help. Our team advocates for the families of children who experienced birth injuries so they can get financial support for the care they need.
A representative is available to speak with you about your case. Call today for your free, no-obligation case assessment at (800) 222-9529.
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