Experienced Birth Injury Lawyer in Peoria, IL
Birth injuries can have long-term ramifications for both the mother and the child. Not only is the mother forced to shoulder an additional expectation of care that may be completely unanticipated, but the financial and emotional burdens can destroy the stability that many families have worked so hard to achieve.
Though most healthcare professionals strive to ensure that patients are provided the best possible care, some healthcare professionals do not meet the strict standards of their profession even in sensitive situations, such as pregnancy and childbirth. A failure of healthcare can lead to birth injuries.
If you are currently struggling to make sense of a birth injury, we might be able to help. Contact Parker & Parker to learn more about your rights and how you might be entitled to compensation.
Common Birth Injuries
Birth injuries can vary substantially in terms of how they arise and their potential impact on the child and mother. Despite this variation, however, some birth injuries tend to surface more than others. Common birth injury scenarios include:
- Erb’s palsy
- Cerebral palsy
- Brachial plexus palsy
- Klumpke’s palsy
- Bone fractures
- Brain damage due to toxin exposure
- Maternal infection transmitted to child
How the Negligence of a Healthcare Professional Can Cause a Birth Injury
Birth injuries can be a challenge to litigate for two reasons:
- It may not be clear whether the birth injury would have occurred regardless of the treating healthcare professional’s actions or misconduct (for example, a birth defect due to genetic mutations may simply not have been preventable), and
- The defendant may argue that their mistake does not lead to liability, as they did not violate the applicable standard of care.
These issues can be overcome with a thorough investigation into the facts and the presentation of a comprehensive suite of evidence. For example, introducing medical documentation that clearly identifies how the birth injury occurred, as well as supportive expert testimony, can help you counter an assertion that the injury was “inevitable” given various pre-birth factors.
In countering assertions that the injury was not inevitable, however, you must also be able to point to the negligence of the treating healthcare professional and/or their employer (or the pharmaceutical company or product manufacturer whose negligence contributed to the birth injury at issue).
In the context of birth injuries, acts of negligence may include:
- Surgical errors
- Healthcare professional fatigue, intoxication, distraction, etc.
- Inadequately sanitized equipment
- Defective equipment
- Failure of the manufacturer to warn of all side effects, symptoms, etc.
- Negligent treatment (i.e., incorrect prescription)
- Failure to correctly diagnose patient condition
- Failure to evaluate patient medical history
Whether these acts will qualify as negligence (and thus give rise to an actionable medical malpractice claim for damages) depends on if you can show that a similarly-situated healthcare professional would not have made the same mistake.
Contact Parker & Parker for Help With Your Case
Here at Parker & Parker, we have extensive experience representing a wide range of personal injury plaintiffs, including those who have suffered the emotional and financial challenges of birth injuries.
Unlike many of our competitors, we strive to engage each client with a more tailored approach to legal advocacy. From the beginning, we attempt to learn even the “little” details of the case and how those facts interact with the client’s litigation goals. This comprehensive understanding guides our process, helping us to maximize the likelihood of success in the lawsuit and the overall damage recovery.