Birth Injuries and How They Relate to Medical Malpractice

The United States continues to rank high in birth defects and injuries due to medical malpractice or negligent care. One in every 33 children is affected by a serious birth defect, leading to either temporary or permanent disabilities. In accordance with the Illinois Codes of Civil Procedure, birth injuries due to medical malpractice can be brought within eight years after identifying an injury to a child. A suit can only be filed after relevant proof is provided in court, such as fetal monitoring strips, medical records, ultrasound records and interviews with primary physicians.

Common Causes of Birth Injuries

Apart from the health and activity of a mother, medical malpractice is one of the biggest causes of birth injuries across the United States. Some common causes include:

• Improper administration of medication to fight infections for both mother and fetus,
• Improper medication route and prescription during pregnancy or delivery,
• Inappropriate forceps delivery process, which leads to temporary weakness, brain injuries, bleeding and seizures to both mother and baby,
• The inability of medical practitioners to perform a timely C-section,
• Failure to use the right surgical instruments,
• Inability to follow appropriate procedures and failure to provide oxygen to the baby.

Common Birth Injuries

Birth injuries during labor or delivery can lead to serious temporary or permanent disabilities to the child. Common disabilities include visual impairment, autism, learning disabilities and Attention-Deficit/Hyperactivity Disorder (ADHD) due to either genetic characteristics or brain damage. Many birth injuries are not immediately visible and a baby may take years to show any symptoms of injuries which impair their everyday life. In case of a birth injury due to medical malpractice during childbirth, parents should consult a competent personal injury attorney to ensure fair compensation is received for both medical expense and long-term health disabilities.

Some common and known birth injuries include:

• Cerebral Palsy, which affects children due to brain damage. It causes stiffness of muscles, imbalance of eye muscles and posture, involuntary movement of muscles while walking or standing and difficulty swallowing,
• Erb’s Palsy – also known as brachial plexus birth palsy, affects the mobility of an infant’s shoulder and neck due to birth complexities, causing weakness of arm and partial episodes of paralysis. It can also cause cranial nerve damage to a baby,
• Other major injuries – such as lung damage, bleeding in skull and forceps, skin and tissue inflammation, skull fractures and paralysis.

If you wish to find out more about birth injuries due to medical malpractice and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.