Content Reviewed by:
Dov Apfel
Content Reviewed by: Dov Apfel
Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Do These 3 Things If You or Your Child Were Injured During Pregnancy or the Labor and Delivery Process
Nearly 28,000 babies are born with a birth injury each year across the U.S. That equates to 2,333 per month, 538 per week, 76 per day, and 3 per hour, according to the National Healthcare Quality Report (AHRQ). AHRQ researchers say about half of those could have been avoided. Medical staff, including obstetric physicians, pediatricians, nurses, technicians and medical assistants, can be responsible for these tragic labor and delivery mistakes that cause life-long injuries and circumstances so dire that a tragic death occurs to a mother or her child.
If you can relate to this situation, you may be wondering who to turn to for help, and if you have the right to make a claim. It is natural for parents of a child who suffered a birth injury also to have many questions. We suggest you start with these three steps.
- Request the appropriate evaluations and medical care. Many babies suffer from severe injuries that require ongoing assessment and medical care, but some problems may not appear until days, weeks, or even months after the injury occurred. If your or your baby is experiencing any difficulties at all, seek immediate medical attention or dial emergency services.
- Collect a record of what happened. Start an injury journal with dates of medical visits, outcomes, and recall your own summary of what happened leading up to, during, and after the birth injury. Keep a folder with the information you have received including diagnoses, treatment plans, medical documents, test results, and financial statements. This way, the data can be more easily communicated when presenting your case.
- Evaluate your need for legal support. After you have been provided the support and care your child requires contact an attorney. Law firms experienced in birth injury litigation can help identify the evidence needed to prove that a medical professional did not do all they could to keep you or your child safe. And that it is possible the injuries could have been prevented with more reasonable, effective, and immediate medical care.
The Chicago birth injury attorneys at Levin & Perconti have experience handling all types of birth injury lawsuits, supporting clients across Illinois.
Common Preventable Birth Injuries and Medical Malpractice
Injuries suffered at birth can be severely life-altering for both the child and the mother and result in a medical malpractice case. Some of the most common preventable birth injuries include Brachial Plexus Palsy (Erb’s Palsy), bone fractures and nerve damage, cephalohematoma, caput succedaneum, perinatal asphyxia, intracranial hemorrhage, subconjunctival hemorrhage, facial paralysis; spinal cord injuries; and cerebral palsy. Babies and their mothers may also experience:
- Fetal (or maternal) death occurring before, during, or after birth
- Medication and prescription drug mistakes
- Failure to perform a timely Caesarean
- Injuries caused by vacuum extraction and delivery tools
- Breech birth complications
- Ultrasound errors
- Obstetric violence and discrimination
- Violation of childbirth rights
At Levin & Perconti, we understand that your immediate goals are to receive the treatment and support you deserve, resolve your medical bills, and ensure that someone will pay for any future needs relating to the birth injury. We can help you get there.
Contact a Chicago Birth Injury Lawyer for Help
If you or your child has been injured during a pregnancy, at birth or shortly after, call us at 877-374-1417 or 312-332-2872 to set up a free consultation to discuss your legal options.
An experienced Chicago birth injury attorney can meet with you to discuss the situation and explain what scenarios are available to your family. We can also work with insurance companies and other parties involved in your case to assure that you and your baby’s needs will be resolved expediently and appropriately.
