Can You Sue a Hospital for a Birth Injury in Chicago?

Yes, you can sue a Chicago hospital for a birth injury if it can be established that negligence by doctors, nurses, or staff caused preventable harm during labor and delivery of the baby.

This is the kind of tragedy that no family should have to endure.

Filing a civil lawsuit against a hospital can provide a family with much-needed compensation for their losses. More importantly, it puts the hospital on notice and can help prevent another family from going through the same unimaginable scenario. Prevailing in a lawsuit against a hospital will be a challenge.

As you might imagine, the hospital will have a team of lawyers dedicated to the common cause of avoiding admitting fault or paying for any damages.

That is why you need a tough Chicago birth injury attorney who isn’t afraid to take on a hospital conglomerate. That is what you’ll find at Thomas Law Offices. When we take on a case, it’s because we believe in the merits.

The following post provides an overview of what a birth injury claim is all about.

Establishing Medical Malpractice in Chicago Birth Injury Cases

There are many potential complications that can arise during the birth of a child. Not every complication is due to negligence. However, in those instances where negligence can be established, there can be an actionable cause.

These are four core elements you need to establish in order to prove a medical malpractice claim:

• Duty of care
• Breach of duty
• Causation
• Damages

The duty of care is the legal obligation of a doctor to provide the accepted level of care to you as they would to any other patient. This also refers to the relationship between you and the doctor. In other words, you can’t randomly sue a doctor who is not treating you.

When that doctor deviates from that standard of care, they are in breach. The causation is the connection between the breach and the actual injuries. If it weren’t for the doctor’s action or lack of action, the injury wouldn’t have occurred.

Finally, damages would be all the medical expenses associated with the injury. In some cases, there may be ongoing expenses that need to be covered. There is also the pain and suffering you endured as a result of the injury.

That also should be compensated for as part of your damages request.

Common Types of Birth Injuries Caused by Hospital Negligence

According to recent data, around 7 in every 1,000 babies born in the U.S. are injured during birth. That breaks down to around 3 babies being born every hour, who will have some sort of injury. The following is a list of some of the common types of birth injuries caused by hospital negligence:

• Cerebral Palsy (CP): Cerebral Palsy is often caused by a failure to monitor oxygen levels for the baby and mother. It leads to hypoxic-ischemic encephalopathy (HIE) and permanent brain damage.
• Brachial Plexus Injuries (Erb’s Palsy): When excessive force is used during the delivery, the baby can suffer nerve damage to their shoulders or arms.
• Fractures and Physical Trauma: Newborns are extremely fragile. The misuse of forceps or vacuum extractors can lead to broken clavicles or skull fractures.
• Facial Nerve Paralysis: If excessive pressure is applied to the baby’s face by instruments or poor positioning, it can result in facial nerve paralysis.
• Cephalohematoma or Hemorrhages: Blood vessel breakage, such as subconjunctival hemorrhage, is often linked to trauma that occurs during an assisted delivery.

Determining Liability for Your Child’s Birth Injury

As with any type of service business, a hospital is only as good as the people it hires or contracts with. It is the hospital’s responsibility to ensure that everyone on the birthing team is licensed and qualified to perform their duties.

The hospital is also obliged to ensure that all equipment used during the birthing procedure is in proper working order.

The potentially liable parties in a birth injury claim can be one or all of the following:

• Doctors
• OB-GYNs
• Nurses
• Midwives
• Pharmacists
• Anesthesiologists
• Hospitals
• Birthing Centers
• Equipment manufacturers

It is important when filing a claim to be specific about who is responsible for the injury, and those allegations need to be supported with strong evidence.

The Role of Illinois Medical Malpractice Laws and Statutes

When filing a medical malpractice lawsuit, it is vital that you and your attorney follow the applicable laws and statutes. Medical malpractice is covered by Illinois 735 ILCS 5/2-1701.

That law stipulates the boundaries of this type of complaint, including the statute of limitations, which is 2 years from the date the injury was discovered. However, there is also a four-year statute of repose. That means that no medical malpractice claim can be brought more than four years after the date of the incident, regardless of when it was discovered.

The law also requires that a Certificate of Merit be filed. This is an affidavit from a qualified health professional that addresses the merits of the claim. It is the first test of the evidence that will support your claim.

How a Chicago Birth Injury Lawyer at Thomas Law Offices Can Help

Parents who are dealing with a baby with health complications are understandably overwhelmed and dealing with huge amounts of stress and uncertainty. That situation is compounded by rising medical bills. If those problems were caused by a hospital staff’s negligence, those parents are entitled to monetary relief.

The experienced Chicago medical malpractice attorneys at Thomas Law Offices understand the pressure that parents are under.

Our goal remains to reach a quick resolution to the claim that provides our clients with the maximum compensation. We accomplish that goal first by relying on our network of medical professionals who are able to help us analyze medical records to zero in on what went wrong and who is to blame.

We also work carefully with parents to calculate all the medical expenses associated with the injury. The full effects of some injuries might not be realized until the baby grows up. Long-term care needs should absolutely be met.

Finally, we provide support and guidance throughout every phase of the claim process to keep our clients informed. If your child was injured during the birth process, we want to hear what happened. Call to set up a free consultation today.