Having a child should be a joyous, celebratory occasion. Sadly, this event can be tarnished by a birth injury. Birth injuries unfortunately occur in about 6 out of every 1,000 births in the United States every year. Birth injury is a form of medical malpractice that can happen during prenatal care or during the actual child birth. Not all birth injuries cause serious harm, but some can cause irreparable damage or even death. The damage can occur to the infant, the mother, or both. Here are some more thing you should know about birth injury:
Common types of birth injuries that might occur during labor:
- Bruising or marks from forceps.
- Fractured bones.
- Brain injury.
Medical malpractice may have occurred:
- Failure or delay in ordering a C-section.
- Failure to diagnose a health issue with the mother or baby.
- Failure to address maternal or fetal health issues.
- Misuse of forceps or other instruments.
It is important to know that just because a birth injury occurs does not necessarily mean that medical malpractice occurred. Medical malpractice is defined as when a health care provider departs from the “standard of care” for a reasonably careful physician in his/her field under similar circumstances and the patient is injured as a result.
In the state of Illinois, lawsuits for birth injury must be filed withing eight years of the injury. If the child is disabled, the statute of limitations can last until the child turns 22. Some injuries may not be apparent until the child is older.
Birth injury claims can be very emotional and complicated, so it’s important to have a birth injury attorney that you can trust. If you believe you might have a birth injury claim, please contact ESR Law Group today to discuss your options.