When a doctor’s error causes you or your child to suffer an injury during birth, you have the right to hold him or her accountable, as well as other responsible medical providers.
A birth injury can lead to many unexpected medical expenses that may continue for a lifetime in some cases. If your family is in this situation, an Aurora birth injury lawyer with Ben Crump Law, PLLC, can help.
Can You Get a Financial Award for a Birth Injury?
Proof of medical negligence or malpractice is the key to a successful birth injury case. Not all birth injuries are due to negligence. Providing evidence that medical professionals acted with a careless disregard for the safety of you and your child during the birthing process is necessary to establish a birth injury case.
Identifying a case for negligence in a birth injury case requires proof of the following:
- A medical professional owed a reasonable duty of care to the patient.
- A medical professional breached that duty of care.
- The breach in the duty of care directly led to the birth injury.
- The birth injury harmed your child and caused losses that can be compensated.
The relevant duty of care is measurable by how another medical professional in the same field would have acted in the same or a similar situation. Therefore, you must prove that if the medical professionals had not acted or failed to act in a certain way, your child would not have a birth injury.
For a free legal consultation with a birth injury lawyer serving Aurora, call (800) 641-8998
What Are Some Common Examples of Birth Injuries?
Birth injuries occur just before, during, and just after the birth of a child. Some of the more common injuries may include:
- Collarbone fractures
- Injuries to facial nerves
- Injuries to nerves that affect the arm and hand
- Swelling and damage to the head, such as bruising or bleeding
- Lack of oxygen leading to brain damage
While some birth injuries heal completely with treatment, others result in permanent impairments. The types of mistakes that might lead to birth injuries could include medical professionals who fail to:
- Act appropriately when the child shows signs of distress
- Properly monitor the child
- Order a Caesarean section to occur when needed
- Use forceps or extraction devices properly
Although doctors must sometimes make quick judgment calls, their actions must still be reasonable under the circumstances. When a birth injury is the result of a preventable medical error, the child and his or her family may have legal recourse.
Aurora Birth Injury Lawyer Near Me (800) 641-8998
What Kind of Award do You Get for a Birth Injury?
The type of award that your family might receive in a birth injury case depends on:
- The degree of negligence by medical professionals
- The seriousness of the injury to your child
- The degree of medical treatment needed
- The length of recovery from the injury
- Any permanent impairments resulting from the birth injury
Compensation can include medical expenses, hospital bills, and therapy costs. If a parent must take off work permanently to care for a disabled child, you could claim a loss of current and future income.
You also might be eligible to collect compensation for less tangible losses, like pain and suffering. The permanent disability and loss of enjoyment of life by your child also may be an item of compensation. In rare cases, punitive damages may be available if the birth injury was the result of gross negligence.
How Ben Crump Law, PLLC, Can Help You and Your Family After a Birth Injury
Knowledge and experience in handling medical malpractice cases are critical to success in a birth injury case. We have years of experience in handling these types of cases so that we can provide you with the representation you need. We can work together toward the best possible outcome in your case based on your unique circumstances.
A lawyer with Ben Crump Law, PLLC, will get to work on the tasks necessary to build an effective Aurora birth injury case. We handle these details so that you can concentrate on the most important parts of your case: your child and your family. For instance, we can:
- Gather evidence in your case, such as medical records and bills
- Investigate the events that led to the birth injury to your child
- Interview witnesses to the birth
- Consult medical professionals about your case to determine whether a breach in the standard of care occurred
- Research the economic impact of the birth injury on your child and your family
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How You Can Pay for Our Legal Services
The last thing that we want is for you to worry about paying for our services during this challenging and stressful time. You start with a free case review with our law firm. This process allows us to hear your story and get some preliminary facts about your case.
If we decide to move forward together with your case, we will not expect you to pay us up front for our legal representation. We collect don’t collect any fees unless and until you are awarded compensation at the end of your case. This arrangement allows you to worry about the medical bills for your child and your household expenses while still getting legal assistance.
Is There a Time Limit for Filing a Lawsuit After a Birth Injury?
Children who have suffered a birth injury and their families have a limited time to file their lawsuits in court against the responsible medical professionals.
735 ILCS 5/13-212(a) gives victims who are under 18 years old eight years after the date of injury to file suit. As a result, if an injury occurs at birth, you have eight years from the birthdate of your child to file a lawsuit.
It’s better to get started on your case sooner rather than later so that we don’t risk losing evidence.
Contact Our Law Firm for a Free Consultation Today
Call Ben Crump Law, PLLC, at (800) 641-8998 for a free consultation without risk or obligation. After speaking with us, you can decide whether to move ahead with a lawyer from our team after a birth injury in Aurora.