Although some birth injuries are unavoidable, there are situations where a doctor’s negligence causes or contributes to the injury. At the Birth Injury Lawyers Group, we can help you fight for the compensation that your family deserves after a Naperville doctor causes your child harm.
If you believe that your doctor or another medical professional is responsible for your child’s brain injury, call the Birth Injury Lawyers Group now. We offer a free, confidential consultation to discuss your situation and how a Naperville brain damage birth injury lawyer can help you. Call (800) 222-9529 now.
Compensation You May Be Able to Recover in a Birth Injury Case
Many different types of damages may be available to a family that has endured a birth injury. Recovering compensation for brain damage caused by medical negligence can be critical, because your baby’s injuries may be long-lasting or even permanent. A few examples of damages you may recover include the cost of:
- In-home care assistance
- Ongoing medical care costs
- Lost earnings
Intangible damages may also be available for your child’s pain and suffering and any lasting disabilities they experience. When you become our client, we can review your case to determine the value of the damages you are facing and how much you can seek to recover.
How to Build a Medical Malpractice Claim After a Birth Injury
If your child suffered a brain injury during birth and the doctor who treated you caused it to happen, you could qualify to bring a medical malpractice claim against them to recover damages. If you pursue compensation, there are a few things you will need to prove in your case to support your right to damages. This includes:
- The existence of a doctor-patient relationship between you and the doctor who treated you, showing that they owed you a duty of care
- How the doctor failed to treat you according to the same accepted medical standards that other doctors with similar training and experience in the area would have used
- How your baby was hurt as a result of this lapse in care
- The damages your family is facing because of your baby’s injuries
This sounds straightforward, but building a medical malpractice case can be a complicated process that requires gathering a substantial amount of evidence. A few types of evidence that could help you prove your right to compensation include:
- Copies of medical records from the pregnancy and birth
- Scientific studies and literature regarding the birth injury
- Assessments of your baby’s developments
- Consultations with medical experts
The Importance of Expert Testimony in a Birth Injury Case
It can be hard to know whether your doctor was negligent leading up to or during your baby’s birth, especially when complicated medical conditions are involved. Many birth injuries also involve situations where things happen quickly, and there is often not a lot of time to wrap your head around them.
One of the most valuable pieces of evidence is testimony from another medical professional in the field, who can review your case and attest to how your doctor failed to uphold the appropriate standard of care. Illinois law actually requires a signed affidavit confirming that a medical professional supports your case, per 735 ILCS 5/2-622.
The Birth Injury Lawyers Group frequently relies on a network of medical professionals who can weigh in on our clients’ birth injury cases. One of the many services we can provide you with is finding a medical expert for your case.
Determining Whether Medical Malpractice Caused Your Child’s Brain Damage
It is important to determine if the injury that your baby suffered was an unavoidable situation and whether the doctor’s conduct was a contributing cause.
Doctors study the birthing process so that they understand how to identify potential risk factors and handle dangerous situations when they arise. Yet, some doctors may still fail to recognize or diagnose birth complications. Others may fail to act on them when they are diagnosed or use assistive birthing tools incorrectly.
Examples of negligence that can cause or contribute to brain damage injuries include:
- Misuse of forceps or vacuum tools used to extract the baby from the birth canal
- Failure to schedule a C-section when risk factors for labor complications were present
- Missed diagnosis or failure to test for complications before the birth
- Failure to act quickly and provide treatment when a birth injury was suspected
Call for a Free Consultation with the Birth Injury Lawyers Group
Working with a Naperville brain injury damage lawyer can help you build the strongest case possible on your family’s behalf. At the Birth Injury Lawyers Group, we will work diligently to protect your legal rights and help you get the outcome you deserve. Call today at (800) 222-9529.