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Frequently Asked Questions about Birth Injuries

Q: What's the difference between a birth defect and a birth injury?

A: Birth injuries are generally caused by something that went wrong during delivery itself, while birth defects usually involve harm to a baby that arose prior to birth due to something that happened during or before the pregnancy.

Q: What kinds of situations give rise to a lawsuit for birth injuries?

A: Most of these cases occur when a doctor fails to adequately assess or respond to conditions and/or complications during a woman's pregnancy or delivery, or when a woman takes a prescription drug during pregnancy that causes harm to the baby.

An obstetrician's improper use of medical devices (such as forceps or a vacuum) during child delivery can result in an injury to the baby that is legally avoidable under personal injury and medical malpractice laws.

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Medical Malpractice and Birth Injuries

The birth of a child is a very special time. It can also be a very hectic and confusing time. Make sure that you and your newborn have received the very best medical care. If you believe your infant was injured during the birth process, an experienced attorney may be able to help.

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We do not always like to admit it, but doctors and other health care professionals make mistakes. Sometimes they are even careless or negligent. We hold doctors and other health care professionals accountable for their actions. We have experience helping clients recover damages for injuries to their children suffered at birth. You can visit our web page devoted to Birth Injuries or our Practice Areas Overview page to learn about the services we provide. We speak English, Spanish, Italian, and Polish, we do not charge a fee unless there is a recovery, and our team is here to answer your questions, and guide you in any way that we can.

Below, please find some important information about medical malpractice and birth injuries.

Birth Injuries - An Overview

When having a child, the last thing parents want or need to worry about is the possibility of their baby being harmed during the delivery. While most births go smoothly, some have complications. It is estimated that five out of every 1000 children born in the US will suffer some type of birth injury. Birth injuries can range from minor, like bruising, to a life-altering diagnosis of cerebral palsy. If your child was injured at birth, contact an attorney to learn more about your legal options. A lawyer experienced in birth injury litigation can help you understand your rights.

Pregnancy Dos and Don'ts

Not all birth injuries or defects can be prevented, but a mother has some power to increase her chance of having a healthy baby. Many birth defects happen very early in pregnancy, sometimes before a woman even knows she is pregnant. If your child was injured at birth, consult an attorney to learn about your rights to compensation.

Responsible Parties in Birth Injury Cases

If your child suffered a birth injury, there are several parties who may be responsible for your child's injuries, including the treating physician, assisting staff and the hospital.

Prescription Medications

If you or a loved one is pregnant and taking prescription medication, one of the best ways to prevent a birth defect or injury to your baby is to understand the prescription process and prescriptions themselves. Prescription medications can be confusing, dangerous and expensive. If your child was injured at birth, consult an attorney to learn about your rights to compensation.

Cerebral Palsy & Erb's Palsy

Some of the most common birth injuries are two very different conditions known as cerebral palsy and Erb's (or brachial) palsy. Cerebral and Erb's palsy are often the result of complications during child delivery itself, though cerebral palsy also can occur before or after delivery.

Birth Injuries Resource Links

KidsHealth.org
Provides doctor-approved health information about children from before birth through adolescence.

The Food and Drug Law Institute
Examines the laws, regulations and policies related to drugs, medical devices, other health care technologies and foods.

United Cerebral Palsy
Provides information, links and resources on cerebral palsy.

Prenatal Care
Resource provided by the US Department of Health and Human Services offering information on prenatal care, including types of foods to eat and substances to avoid.

National Patient Safety Foundation
Non-profit organization providing patient safety literature, research, policy initiatives and more.

Fichera & Miller, in Chicago, Illinois, represents clients facing motor vehicle injuries, medical malpractice, and other personal injury matters in the Chicago Loop and the Chicagoland area, including communities such as Elgin, St. Charles, Oak Brook, Carpentersville, Aurora, Bartlett, Schaumburg, Maywood, Oak Park and Cicero.

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Fichera & Miller
Chicago, Illinois Personal Injury Law Firm