If your child has brain damage caused by a birth injury, you may be entitled to financial compensation. A birth injury lawyer can help you navigate through the process.
For a free case review and to learn how a lawyer can help, call the Birth Injury Lawyers Group today at (800) 222-9529.
For a free legal consultation, call 1-800-222-9529
Legal Liability for Brain Damage from a Birth Injury
In some cases, the cause of a birth injury cannot be determined. In other cases, the cause of a birth injury can be predicted and prevented by proper medical treatment before or during delivery. If a doctor or other medical professional failed to provide adequate care, they might be legally liable for your child’s injury and brain damage.
Proving a Breach of Care
Proving that a medical professional is liable is a complex matter. A Cicero brain damage birth injury lawyer can collect information about your child’s injury and help you determine whether you have a case. Your lawyer must determine which medical professionals had a duty of care during the birth, that they were negligent, and that your child’s brain damage resulted from that negligence.
Here is more specific information on each of these areas.
Duty of Care
The duty of care is the obligation to provide care up to the accepted medical standard. Doctors have a duty of care to their patients, as do any other involved healthcare staff members such as midwives and nurses.
Negligence
Negligence is the failure of a healthcare professional to provide care that meets the accepted medical standards. There are many opportunities for negligence in childbirth.
Medical professionals may ignore risk factors, such as gestational diabetes in the mother or a large predicted fetal size, before birth. They may fail to recommend or delay a Caesarean section, inadequately monitor the delivery, fail to respond to signs of fetal distress, or fail to treat birth injuries properly.
Causation
Causation means that the medical provider was not only negligent but that their negligence directly caused your child’s birth injury and brain damage. It is critical to link the negligent care to the subsequent injury.
For example, many babies with birth asphyxia require immediate treatment such as resuscitation, administration of fluids, or a blood transfusion. If your baby suffered from birth asphyxia that led to brain damage and your provider did not provide any of these treatments, they may have caused the brain damage.
If your case meets each of these three conditions, you may have the legal standing to pursue a medical malpractice case.
Cicero Brain Damage Birth Injury Lawyer Near Me 1-800-222-9529
Financial Compensation for Brain Damage from a Birth Injury
If a healthcare provider is legally liable for your child’s brain damage and birth injuries, you may be entitled to collect financial compensation known as damages. A lawyer can help you estimate the value of these damages.
Your damages may include the expensive medical bills from your child’s birth injuries and brain damage. If your child requires ongoing treatment, damages can consist of future expenses as well. Some of the bills that may be covered include:
- Hospital stays
- Surgeries
- Doctor’s visits, including specialists like neurologists
- Procedures such as ultrasounds, MRIs, and X-rays
- Prescription medications
- Specialty therapies such as occupational, physical, or speech therapy
Your child’s injuries may require you to purchase an accessible vehicle or modify your home with ramps, railings, or accessible bathtubs and showers. Your damages may also include the cost of these modifications.
A lawyer from the Birth Injury Lawyers Group can collect medical records and receipts to put a dollar value on your medical bills. We can also project your future expenses.
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What a Birth Injury Lawyer from Our Firm Can Do for You
Seeking damages for your child’s brain damage and birth injury can be exhausting during an already stressful time. Your lawyer can help you by taking over all tasks associated with your case. Some of the ways your lawyer can help include:
- Take over any written and verbal communication with the hospital, its administration, and all medical staff associated with your case.
- Take over any communication with the insurance company.
- Gather evidence to support your case.
- Estimate the value of your damages.
- Negotiate a settlement with the insurance company.
- File a lawsuit on your behalf if negotiations fail.
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Statute of Limitations in a Cicero Brain Damage Birth Injury Case
There is a time limit in Illinois for seeking financial compensation after a birth injury causes brain damage to your child. Illinois statute 735 ILCS 5/13-212 sets the statute of limitations for medical malpractice at two years from the date you discover the injury and no more than four years after the injury occurs. Once this time has passed, you forfeit the right to seek damages, even if you have a rightful claim.
Call an Attorney for Help Today
If you have questions about your child’s injuries and the statute of limitations, a Cicero brain damage birth injury lawyer can help you. A lawyer from our firm can gather the specifics concerning your case and advise you on how to proceed.
Do not wait to seek legal help after a birth injury. For a free consultation, call the Birth Injury Lawyers Group today at (800) 222-9529. The sooner you call, the sooner we can start working on your case.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form