Bringing a child into the world should be a joyous occasion for the parent, their family, and their friends. Fortunately, thanks to advances in medical science, giving birth to a child is usually no longer a cause for great concern. However, the fact of the matter is that, while rarer than they used to be, birth injuries are still an ever-present risk.
Doctors, nurses, and other medical professionals have a duty to recognize the risks in every case and to take appropriate steps to protect the health of both mother and child. A failure to take these steps that results in an injury could be an example of medical malpractice.
A Cook County birth injury lawyer may be able to help the parents of children who have suffered a birth injury. Your medical malpractice attorney could work on your behalf to gather evidence of the apparent malpractice, understand the effect that this act has had upon the life of your child, and demand appropriate compensation.
Instances of birth injuries that give rise to lawsuits are examples of medical malpractice. This is because all medical professionals in Cook County and throughout the state of Illinois have a legal duty to protect their patients. More specifically, under Illinois Jury Instruction 105.01, all medical professionals must perform their craft with the level of skill, care, and knowledge expected of their peers given the circumstances, and a failure to do so may serve as a valid cause of action for a lawsuit.
All plaintiffs in medical malpractice cases must rely upon the testimony of an expert witness who can speak to how the defendant practitioner failed in their duty and how this failure caused an injury. According to 735 Illinois Complied Statutes 5/2-622, plaintiffs must work with an expert before even filing a complaint in court.
This is because the statute requires a plaintiff to submit an affidavit along with the complaint stating that an expert has examined the facts and in their opinion malpractice has occurred. An attorney could explain the legal requirements for a Cook County birth injury lawsuit in further detail.
As any experienced birth injury lawyer in Cook County knows, the birth of a child is a particularly risky period in that infant’s life. Even a child who seems outwardly healthy may suffer life-changing injuries or even death if doctors do not take proper steps in an emergency.
Ensuring a healthy birth begins with neo-natal care. Ultrasounds, amniotic fluid tests, and blood work can alert doctors to potential complications at birth. Armed with this knowledge, medical professionals should take appropriate steps to formulate a birthing plan that limits the risk of injury.
Similarly, injuries to a child may occur due to unforeseen circumstances during the birth itself. A twisted umbilical cord, a sudden drop in blood pressure, or an inability to quickly breathe immediately after birth may all cause serious damage to otherwise healthy babies.
The injuries that could result from a birth injury are severe. A lack of oxygen at birth could cause permanent brain damage that may cause the child to develop at a slowed rate. In addition, an inability to recognize a developmental problem while in the womb could prevent treatment meant to correct the problem that is unavailable at a later date.
Injuries that occur due to doctor or nurse malpractice can have a permanent effect on a child’s life. In many cases, these injuries are preventable through either proper diagnostic techniques or the application of emergency care during the birth itself. Any failure on the part of a doctor to take these steps that results in an injury may qualify as medical malpractice.
A Cook County birth injury lawyer could help you examine the facts of your case to determine if malpractice took place, as well as connect with medical experts who may testify on your behalf. A successful birth injury claim could provide the compensation you need to care for your child’s future, so call today to discuss your case.