In the United States, birth injuries occur during approximately seven out of every 1,000 live births, according to Medscape. Almost two percent of neonatal deaths and stillbirths can be attributed to significant birth injuries.
Although rare, birth injuries can be severe and impact the rest of an infant’s life. Many birth injuries are avoidable and could serve as grounds for a lawsuit that a dedicated personal injury attorney could help file. If your child suffers a preventable birth injury, assistance from an Oak Lawn birth injury lawyer might be able to increase your chances of a fair compensation settlement.
Birth Trauma Risk Factors
Certain risk factors can predispose a newborn to birth injuries, some of which can be prevented while others cannot. These risk factors include:
- Newborns who are large for their gestational age, especially those who weigh more than 4500 grams
- Instrumental deliveries, especially mid-cavity forceps or vacuum extraction
- Vaginal breech delivery
- Abnormal or excessive traction during delivery
- Prolonged or rapid labor
- Maternal pelvic abnormalities or small maternal structure
- Attempting to manipulate the position of the fetus, also known as an external version
If proper prenatal and labor care is given, some of these risk factors can be avoided or mitigated by the obstetrician to decrease the chances of a birth injury. In some cases, this simply means performing a cesarean section instead of allowing a mom to labor and attempt a vaginal delivery.
Regardless, there are standards of care surrounding all these risk factors. If a physician fails to follow the standard of care and a birth injury occurs, they can be held liable for the damages. In cases like these, an Oak Lawn birth injury lawyer may be able to help establish the merit of a birth injury claim and demand a fair settlement.
Birth Injury Statute of Limitations
As per 735 ILCS 5/13-212, victims of birth injuries in Oak Lawn—or their parents representing their best interests—have eight years to file a birth injury claim in civil court. This filing deadline is commonly referred to as the statute of limitations.
While most personal injury cases in Illinois are only given a two-year statute of limitations, birth injury cases are allotted more time, as in some cases the extent of the injury is not known for several years. However, waiting longer than eight years to file a birth injury claim would likely result in the case being thrown out by the court. An Oak Lawn birth injury lawyer could work to ensure that a claim is filed appropriately and on time.
Contacting an Oak Lawn Birth Injury Attorney
Having a child with a birth injury may place enormous stress and burdens on every member of the family. Oftentimes, the stress can involve nearly every aspect of life: emotional, financial, physical, social, and spiritual.
Experienced and compassionate attorneys know how difficult it can be to have a child with a birth injury and could take the time to understand all that you, your child, and your entire family are experiencing as a result of your child’s birth injury.
Although this is something you and your child may deal with for the rest of your lives, hiring an Oak Lawn birth injury lawyer to seek compensation on your behalf may still provide some degree of emotional and financial relief. Call today to get your birth injury claim started.
