If medical negligence injured your child, a Rockford brain damage birth injury lawyer from the Birth Injury Lawyers Group can do the hard work of building your case and negotiating for damages while you stay home with your family.
To find out more, call the Birth Injury Lawyers Group at (800) 222-9529. A member of our team will evaluate your case at no charge or obligation to you.
For a free legal consultation, call 1-800-222-9529
How Medical Negligence Can Cause Brain Damage at Birth
Head trauma, such as that caused by the use of forceps or an accidental injury, may also result in brain damage. Sometimes, lack of blood flow and head trauma are the result of unavoidable, unpredictable circumstances. Such events are tragic, but they do not entitle you to compensation.
However, all too many birth injuries are the result of a doctor who neglects his duties or a healthcare facility that values profits over their patients’ well-being. Specifically, causes of medical malpractice may include:
- Failure to inform you of the risks of treatment
- Failure to properly monitor your/your partner’s vital signs before and during birth
- Failure to properly monitor your child’s vital signs before and during birth
- Failure to communicate and coordinate with your other healthcare providers
- Failure to provide timely treatment that was obviously necessary
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Your Right to Damages Has an Expiration Date
The statute 735 Illinois Compiled Statutes §13-212(a) states that victims of medical malpractice generally have two years to take legal action against the liable party. However, when the victim is under age 18, they have eight years or until their 22nd birthday (whichever comes first) to file.
If you miss the filing deadline in your case, you may lose your right to recover compensation via a lawsuit.
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The Damages Available in a Birth Injury Case
Birth injuries can be expensive to treat, especially if your child will need care for years or decades. They can also reduce your income if you must stay home and care for your child instead of going to work.
These financial consequences are called “economic damages.” These may include:
- Loss of wages: if you or your partner must take time off work to deal with your child’s birth injury.
- Loss of earning capacity: if you or your partner needed to stop working permanently to deal with the effects of the birth injury.
- Medical expenses: if your child needs extra medical attention because of their injury.
- Funeral expenses: if you had to pay for your child’s funeral, burial, and other related expenses after their untimely passing.
Birth injuries can be physically and psychologically painful for both parent and child. This pain is referred to in legal terms as “non-economic damages.” These damages may include:
- Pain and suffering: if your child showed signs of physical distress during or immediately after birth, or if their injury will continue to affect them physically and emotionally in years to come.
- Disability: if your child’s physical or intellectual disability was caused by a birth injury.
- Reduced quality of life: if your child will always need help with daily tasks (e.g., getting dressed, tying shoes) or be unable to participate in certain activities.
- Loss of filial consortium: if your child passed away as a result of a brain injury, depriving you of the chance to get to know them.
There may be other types of damages not listed here that you can claim in your brain damage birth injury case.
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How the Birth Injury Lawyers Group Can Help with Your Case
The legal process can be overwhelming. Instead of trying to manage your case alone, let the Birth Injury Lawyers Group take over.
A Rockford brain damage birth injury lawyer from our firm can handle all of the day-to-day legal tasks in your case, such as:
- Talking to involved parties: You do not have to meet with the liable party, their insurance company, their lawyer, or anyone else working with them.
- Investigating the malpractice: The more evidence your lawyer can find concerning your case, the stronger your claim to damages will be.
- Quantifying damages: If you are unsure of which damages you qualify for or how much to ask for, let your lawyer help you perform the calculations.
- Advising you: You will not have to make any legal decisions alone. Your lawyer will always be there to explain your different options and the implications of each.
- Fighting for a settlement: Your lawyer will negotiate for a settlement offer from the liable party’s insurance company.
- Going to trial: If necessary, we will put together a court case and present it on trial before a judge and jury.
Get a Free Case Review from the Birth Injury Lawyers Group Today
The Birth Injury Lawyers Group is proud to serve clients across the country, including in Rockford, Illinois. Call our team any time at (800) 222-9529. We provide all callers with a free case evaluation and work for a contingent fee, meaning our clients don’t pay us attorney’s fees unless they win their case.
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