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What Are Common Birth Injuries Caused By Medical Malpractice?
For many people, expecting a baby can be a dream come true. A lot of expectant mothers may have healthy, uneventful pregnancies. However, labor and delivery can be difficult, especially when unexpected complications arise. Parents rely on medical professionals to take the necessary precautions to prevent any serious injuries to the mother or baby during childbirth. If a physician or nurse does not properly respond to these problems, the medical facility may be liable for any birth injuries that result. In certain situations, a medical malpractice claim may help cover financial hardship due to ongoing costs for medical treatment.
Complications During Childbirth
Just because a woman had an easy pregnancy does not necessarily mean she will have a smooth delivery. In some cases, a mother may have had a vaginal delivery for her first child, but her second child may require a Cesarean section. Doctors monitor a woman’s progress throughout the pregnancy, and they are also responsible for ensuring a safe delivery. If a medical professional fails to recognize signs of distress in either the mother or baby, this can lead to life-threatening complications.
The following are a few of the most common birth injuries that may be due to medical negligence:
- Cerebral Palsy: This is a motor disability that is often caused by brain injuries suffered during birth. CP can result in lasting effects for a child, such as seizures, loss of motor control, and delayed development.
- Bone Fractures: High birth weight babies can have a hard time traveling through the birth canal, which can lead to broken or fractured bones in the hips, shoulders, arms, or legs. When doctors or nurses do not take swift action to perform a C-section, for example, they may be held accountable for any resulting injuries.
- Brachial Plexus Injury: Damage to the brachial plexus (nerves around the upper arm and shoulder) can be caused by excessive force and improper manipulation during delivery.
- Paralysis: If forceps or a vacuum is used to extract the infant, it can cause spinal cord damage or facial paralysis. When medical personnel use birthing tools improperly, it can cause damage to the infant’s delicate nerves.
- Birth Asphyxia: When a baby is deprived of oxygen during labor or delivery, he or she can suffer permanent brain damage. This can be caused by issues related to the umbilical cord, a prolonged birth, or placental abruption.
Statute of Limitations
In Illinois, the statute of limitations for filing a medical malpractice claim related to a birth injury is eight years from the date of birth. In many cases, parents may not realize that their child has suffered neurological damage until the child is older and does not pass certain developmental milestones, such as those related to cognitive or fine motor skills. Symptoms may not be immediately apparent, and therefore, it can take years to diagnose certain birth injuries and assess the full extent of damage. It is also important to note that if a child is disabled because of a birth injury, the statute of limitations may last until the child is 22 years old.
Contact an Orland Park, IL Birth Injury Lawyer
Not every expectant mother’s delivery goes as planned. In some cases, a complication can occur during the birth that can cause serious harm to the mom or the baby. If you or your child has suffered as a result of a medical error that could have been prevented, it is essential that you speak to an accomplished lawyer. Issa Law, LLC understands the complex nature of medical negligence litigation. Our knowledgeable Illinois medical malpractice attorneys will guide you through the legal process of filing a claim. Call our office today at 708-966-2408 to schedule your free consultation.
Source: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=022500610K10