Holding Medical Professionals Accountable For Preventable Birth Injury

The choice of an obstetrician and birthing facility (usually a hospital) is not something that most parents-to-be take lightly. You may have done due diligence before selecting your OB-GYN before the birth of your baby. Nonetheless, someone — or some institution — was negligent in some way and now your baby or child is paying the price.

Some birth injuries are difficult to predict or prevent, but many are completely preventable. Nurses, technicians, the obstetrician and the hospital all have well-known duties to mothers in labor and babies about to be born. Negligence may have occurred at any time during prenatal care, labor, delivery or neonatal or postnatal care. A review of medical records and the patient's recollections often uncovers the underlying cause of a birth injury.

Common Forms Of OB-GYN Malpractice And Hospital Malpractice Leading To Birth Injuries

Examples of negligence that sometimes leads to birth injuries are:

  • Failure to diagnose and plan mitigation for risk factors such as pre-eclampsia
  • Failure to monitor or respond to alarms during labor
  • Failure to notify the OB-GYN of danger signs
  • Failure to perform a timely C-section
  • Performing an unnecessary and contraindicated C-section
  • Failure to use proper maneuvers during birthing to prevent shoulder dystocia
  • Failure to properly evaluate a newborn's state, thus allowing conditions such as jaundice to go untreated

A resulting birth injury may be cerebral palsy, Erb's palsy or kernicterus. An affected child may need ongoing therapy, special education and/or surgery for years. Costs soon overwhelm many families. A birth injury investigation and injury claim or lawsuit can hold irresponsible health care professionals accountable. A medical malpractice claim can recover compensation to provide for the child's special needs.

Most personal injury cases in Illinois have a two-year statute of limitation. Injuries to children have longer times under the law. Birth injuries sometimes do not come to light until a child starts school and shows signs of a learning disability. Therefore, the usual statutes of limitations often do not apply. Ask a lawyer for more information.

Discuss with a knowledgeable lawyer how to find out what really happened during your baby's labor and delivery. Medical malpractice attorney Joel E. Brown from law offices in Peoria and Chicago brings extensive medical knowledge to the table in birth injury cases. Take action instead of wondering what to do after your child has been diagnosed or shows clear signs of a birth injury. Call 800-642-4437 or email the law firm to schedule a free initial consultation.