Birth Injury FAQs

A birth injury attorney from our firm may be able to help you determine the responsible party. Many health care professionals may be responsible for your child’s injuries. Negligent parties can include your obstetrician, family physician, midwife, nurse, anesthesiologist, paramedic, pediatrician, neonatologist, or other medical staff involved in your baby’s labor and delivery.

A birth injury lawsuit may arise when a doctor or other medical staff inadequately informed, diagnosed, or assessed conditions surrounding the mother and/or baby’s condition during the labor and delivery process. There are many other reasons for a birth injury lawsuit, including inappropriate prescription of drugs or the breakdown of medical staff communication.

If you suspect your child’s cerebral palsy diagnosis resulted from medical negligence or malpractice, consider speaking with an attorney experienced in these types of cases. You may have a viable birth injury claim to hold the responsible parties accountable, and may also be able to recover compensation for damages. A viable cerebral palsy claim must establish liability of a negligent healthcare provider, and you may need to act quickly due to your state’s statute of limitations. Click below to learn more about whether you may be able to file a cerebral palsy lawsuit.

The first step in getting legal help after a birth injury occurs is to contact an experienced obstetrical malpractice attorney to discuss your situation. The Chicago birth injury attorneys at Grant & Eisenhofer P.A. are extremely knowledgeable and compassionate. We would be very happy to discuss your potential case with you. You may also fill out the contact form to find out how you can get the help you need.

Medically negligent doctors, nurses, and other hospital staff members can cause a child to suffer a birth injury. You may be able to hold a health care provider accountable for your child’s birth injury. To establish liability in your case, you must show that:

• The healthcare provider had a legal obligation, or a duty, to treat you and your child;
• The care provided fell below the standard of care;
• The level of care you received caused injury; and
• As a result, you and/or your child have incurred medical expenses in the past, present, and will in the future, experienced pain and suffering, lost the enjoyment of a normal life, and lost future earnings opportunities for your child as a result of the medical malpractice.

In ordinary personal injury cases, a person has a duty to use the level of care that a reasonable individual would use under the circumstances. In medical negligence cases, however, the standard of care is that which is generally accepted by other similarly situated professionals with comparable training and experience. Some states require that this standard be applied locally, i.e., the standard of care is that in which medical professionals that provide care in the same or similar community where the malpractice occurred. Expert testimony from doctors or medical professionals is a crucial part of establishing the standard of care in malpractice claims.

Once you establish the standard of care, we must show how the healthcare provider’s actions fell short of this standard, which would amount to a breach of the duty. We must also be able to establish through expert testimony that the negligent conduct by the health care provider caused you and your child harm. Grant & Eisenhofer P.A.’s birth injury attorneys can help you try to establish these elements in order to obtain compensation for your child to which he or she may be entitled.

Babies may suffer permanent injuries during the birth process. Birth injuries are most common when a baby is being deprived of oxygen and/or blood flow to the brain as a result of trauma. This may include, but is not limited to:

• Too many uterine contractions
• Improper use of oxytocin (Pitocin)
• Delivery by forceps or vacuum
• Prolonged labor
• Disparity between the size of the mother’s pelvis and the size or positioning of the baby

Negligence by healthcare providers, doctors, midwives, nurses, and/or those who are responsible for your care during the labor and delivery process can lead to a birth injury lawsuit. Failure to properly monitor and interpret fetal heart monitor strips or failure to diagnose and respond to fetal distress are examples of situations that may cause a birth injury to which you may be able to file a claim are some examples.

This varies, depending on the state where the malpractice occurred. The Chicago birth injury lawyers at Grant & Eisenhofer P.A. fight for a trial date once the lawsuit is filed.

In hiring a birth injury attorney, you want someone who is experienced, who will fight for you, who will be dedicated to your case, and who will be caring and sympathetic to your unique situation. A good lawyer will help you understand your rights, be an advocate for you and your family, and provide the legal counseling you need.

Grant & Eisenhofer P.A.’s dedicated attorneys represent families and infants during extremely personal, stressful and often painful situations of holding those accountable for a birth injury. Our compassionate team of attorneys may be able to help your child obtain compensation for the long-term care he or she deserves while navigating the complexities associated with litigation.

Our Chicago birth injury lawyers are here to talk you through any questions or concerns you may have about your potential claim. Your consultation is free, so call us today at (877) 262-9767. We represent families nationwide, and we have offices conveniently located in Chicago, New York and Wilmington, DE.

An experienced attorney can help you discern the type of claim you may have, so please call us at (877) 262-9767 for a free consultation.