How Do You Know if You Have a Case For a Birth Injury Claim?

 Posted on December 09, 2022 in Car Accidents

chicago medical malpractice lawyerIf you think your child's birth injury may have been caused by medical negligence, it is important to speak with a qualified legal professional as soon as possible. A medical malpractice lawyer experienced with handling birth injury cases can help you determine if you have a claim and what to do next. 

In determining whether or not there is a case for a birth injury claim, an attorney will consider various factors, such as the circumstances of the delivery and the medical care provided. They will also review any records from the hospital or doctor’s office that could help support your claim. 

Types of Birth Injuries

Some of the more common birth injuries that can result from medical negligence include cerebral palsy, shoulder dystocia, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), and a variety of other physical or mental impairments. It is essential to keep in mind that even if your child is born with a birth injury, it does not necessarily mean that the injury was caused by medical negligence. 

It can be challenging to determine whether or not a birth injury occurred due to medical negligence, so speaking to an experienced attorney is essential. They can help you determine if there is enough evidence to warrant filing a claim and help you pursue the compensation your child and family may be entitled to. 

How to Prove Medical Negligence Caused Your Child's Birth Injury

To prove medical negligence and win a birth injury claim, you must demonstrate that the hospital or doctor failed to provide an acceptable standard of care. You will need to show that their actions (or lack thereof) were a direct cause of your child’s injuries. In addition, you must prove that the medical professional's negligence resulted in harm or damage to your child. 

Examples of medical negligence that can lead to birth injury claims include:

  • Lack of monitoring

  • Improper use of forceps or vacuum extractors during delivery

  • Failure to order a C-section when necessary

  • Inadequate fetal monitoring

  • Misdiagnosis 

Another factor that can be taken into consideration when determining whether medical negligence occurred is how quickly the doctor or hospital responded to any signs of distress during delivery. 

Contact a Chicago Birth Injury Lawyer

If you believe your child's birth injury was caused by medical negligence, it is important to speak with a qualified attorney in Illinois as soon as possible. They can review the details of your case and help determine if you have a compensation claim. Contact the Chicago medical malpractice attorneys at Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 for a free consultation.



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