A study performed across all states showed that seven of every 1,000 babies in the United States are born with a birth injury as a result of malpractice or negligent care. With over 10,000 babies born every day in the United States, that’s a total of 70 children a day who may face lifelong complications due to birth injuries. These injuries may not result in long-term complications at all; but for those who do, birth injury lawsuits can ensure that the child’s medical care is paid for throughout their lives.
Cerebral Palsy Lawsuits in Illinois
Cerebral palsy is a disorder that is caused by damage sustained by the brain when it is deprived of oxygen shortly after birth. If a child is born under emergency situations, but not given oxygen in a prompt manner, the type of damage that can lead to cerebral palsy can happen in only minutes.
Cerebral palsy affects a person’s ability to control their motor functions, to move their muscles properly, to talk, eat, or walk independently; some cases of cerebral palsy may also lead to delayed mental development. Many cerebral palsy sufferers cannot ever live unassisted and require a lifetime of expensive medical treatment.
A family in Algonquin, Illinois, was awarded 9.5 million dollars in an Illinois birth injury lawsuit after a nursing staff was found guilty of delaying the call to the attending physician that could have delivered the child safely. The lawsuit was settled out of court, and the millions of dollars will be needed to cover the long future of medical needs.
Illinois Birth Injury Lawsuit Specifics
The statute of limitations on filing a birth injury lawsuit in Illinois is eight years within the child’s injury occurring, making it one of the most lenient states in the nation. Birth injuries often do not manifest until the toddler years or later, when developmental milestones can be measured more accurately. In the event of a wrongful death lawsuit, the case must be filed with an Illinois court within two years of the date of death.
It is ruled unconstitutional by the state for a court to place a cap on the amount of retribution a family can seek in a birth injury lawsuit. The amount that the prosecution seeks can be determined with your attorney’s help. In addition to paying for past medical care and damages, future medical care estimates can be investigated by the attorney, who will approach medical professionals for an accurate breakdown of future health care costs.
There are other types of birth injuries that can result in lawsuits, including several forms of cerebral palsy. Brachial plexus injuries, brain injuries, still births, umbilical cord entanglement, untreated jaundice, delayed C-section, hypoxia, and shoulder dystocia can all be prosecuted if proof can be found that these conditions were directly caused by the malpractice or negligence of the healthcare team.
Keep Excellent Records
One of the best ways to succeed in a medical malpractice lawsuit is to keep excellent records for use as proof. In a birth injury lawsuit, keeping medical records from the pregnancy, the care given during and directly after the birth, and any pediatric care since then, can all be used to show that the injury sustained was done so at the fault of the healthcare team.
Witnesses may be found by your attorney to help make a case, but often records are the biggest source of proof that a birth injury lawsuit relies on. In the beginning, it’s best to keep all records, and let your attorney help you decide which records are important for the lawsuit.
Sources:
http://www.malmanlaw.com/Malman-Law-Injury-Blog/what-to-expect-from-a-birth-injury-claim/
http://www.barrettandgilbert.com/Medical-Malpractice/Birth-Injuries.shtml
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/