Prenatal Injury Attorney

Pregnancy and childbirth are complex processes. There are unfortunately plenty of ways for either process to go wrong that result in injuries at birth. Some birth injury cases are unavoidable. The umbilical cord wrapping around the child, for example, can lead to oxygen deprivation before or during the birthing process despite healthcare providers’ immediate interventions. Other times, the inaction or inappropriate actions of medical professionals can cause avoidable prenatal injuries.

In these cases, it’s best to seek help right away from an experienced prenatal injury attorney.

Retain a Prenatal Injury Lawyer

Retaining legal counsel right away is key in winning birth injury lawsuits. Emotions run high, and having an experienced professional can help make the overwhelming legal process seem more manageable.

If you believe that your child’s birth injury was the result of medical malpractice, contact the legal team at Susan E. Loggans & Associates at (312) 588-9773 to set up a free case evaluation.

Susan E. Loggans & Associates works on a contingency-fee basis. That means our firm does not charge any fees unless you receive a monetary award.

Birth Injury Attorney Overview

About Prenatal Birth Injuries
Filing Birth Injury Claims
What to Do After a Birth Injury
Find the Right Birth Injury Lawyer

About Prenatal Birth Injuries

Birth injuries are common in the United States. While some are unavoidable, others are the result of doctors and nurses failing to provide proper prenatal care, resulting in serious birth defects.

Causes of Birth Injuries

Common causes of preventable birth injuries include:

Untreated, obvious maternal infections
Delayed cesarean section (C-section) despite clear signs of fetal distress
Untreated preeclampsia (high blood pressure and protein in urine during pregnancy)
Medical errors, including improper use of forceps or vacuum extractors during the delivery process

Types of Birth Injuries

Some of the most common birth injuries include:

Cerebral palsy, a type of brain damage that affects motor function
Other brain injuries, including seizures or developmental impairment
Erb’s palsy, nerve damage affecting the shoulder and upper arm areas
Brachial plexus injuries, which affect nerves connecting the spine to shoulders, arms, and hands
Spinal cord injuries, or injuries to the spinal cord due to birth trauma
Hypoxic-ischemic encephalopathy (HIE/neonatal encephalopathy), occurring when there is a lack of oxygen before, during, or after delivery

Filing Birth Injury Claims

Birth injuries are unfortunately common. Whether one is the basis for filing a negligence or medical malpractice claim, however, depends on the cause of the injury, the exact type of injury, and the damages resulting from the injury.

Medical Negligence vs Medical Malpractice

Many people use these terms synonymously, but they have different meanings under the law. Understanding which one is which will help you better decide how to navigate your case:

Medical malpractice: Healthcare professionals are aware of the potential consequences before making a mistake that leads to injury or death; this term is broader than negligence and can include many types of misconduct from a medical professional.
Negligence: Someone—not a medical expert—acts with hazardous negligence that puts others at risk of harm or death.
Medical negligence: Medical staff fails to reasonably uphold an expected standard of care, even if making an honest mistake.

Birth Injury Case Statute of Limitations

Different municipalities have different laws governing statute of limitations in birth injury cases. In the State of Illinois, it is 8 years after the birth injury occurred. If the birth injury resulted in disability, the statute of limitations may extend until the child turns 22. In cases where the child is mentally or physically incapacitated due to the injury, there may be no limitation.

What You Need to File a Birth Injury Lawsuit

If you are filing a medical malpractice suit against someone else, the burden of evidence is on you. That means you need to prove the following:

There was a standard of care that the healthcare provider was expected to provide.
The medical provider did not meet the accepted standard of care.
Serious birth injuries resulted from the medical provider’s actions or inaction.
The injury was serious enough to cause substantial physical, emotional, and financial harm.

Damages Awarded in Birth Injury Cases

Damages that may be awarded in prenatal injury cases include:

Home modifications to make the home more accessible for the child
Medical bills, including for physical therapy
Loss of wages, as parents may have lost work temporarily or permanently to care for their child
Pain and suffering
Reduced quality of life

What to Do After a Birth Injury

If you believe that your child’s birth injury was the result of someone’s malpractice:

Take photo or video evidence, if possible and relevant.
Document all medical expenses and other financial records related to the injury.
Keep any and all non-financial medical records.
Avoid making any statements to insurance companies until you retain a qualified legal team.
Seek the help of an experienced law firm who can help you secure a winning verdict.
Do not delay in taking legal action to avoid statute of limitations issues.

Find the Right Birth Injury Lawyer with Susan E. Loggans & Associates

You want your child to thrive. Get the support you need to help your child do so.

If you believe that your child was injured during birth as a result of medical negligence or malpractice, get legal help right away. You deserve fair compensation for your emotional distress and financial hardships.

When seeking a birth injury lawyer, turn to the team with a proven track record of success in medical malpractice cases: Susan E. Loggans & Associates. Our team can provide a thorough free case evaluation when you call (312) 588-9773 or complete the online contact form below.