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At Deratany & Kosner, our experienced Chicago childbirth injury attorneys understand that a baby with a birth injury may suffer lifelong physical and/or mental limitations. Although most women give birth in a hospital surrounded by medical professionals, a birth injury can happen at almost any point during labor and delivery. These injuries are most often the result of medical negligence or error.

The most common birth injuries are cerebral palsy, oxygen deprivation, mental retardation, Erb’s Palsy, Klumpke’s Palsy and Brachial Plexus injuries. The ability to file a medical malpractice claim when birth injuries are of a permanent nature provides the possibility for both the newborn and its family to recover monetary damages for:

  • Past and future medical expenses
  • Past and future loss of earnings
  • The cost of future care (i.e., aides, devices, counseling, physical therapy, tutoring)
  • Conscious pain and suffering
  • Loss of services

If you or a loved one has experienced any of the tragic conditions relating to birth injury, contact a Chicago birth injury attorney today or call us at 800-529-7285 to set up a free case consultation to discuss your legal options.

Negligence During Pregnancy

During the course of pregnancy, many complications can arise that affect both the mother and the child. While doctors, nurses and other medical professionals are well-aware of the standard of care expected of those dealing with pregnancy and childbirth, health care providers may make mistakes that injure a mother or a healthy fetus, leading to life-long and sometimes life-threatening complications.

Negligence during pregnancy can include a failure to diagnose a medical condition affecting a mother or fetus, failure to order appropriate tests or screenings or a failure to properly manage high-risk births. In addition, doctors may also fail to properly estimate the size of a fetus or explain genetic testing options to patients. Negligence during pregnancy can lead to the following serious medical conditions:

  • Excessive vaginal bleeding
  • Placental abruption
  • Gestational diabetes
  • Excessively long labor
  • Hemorrhage of the mother during pregnancy

Deratany & Kosner has a strong track record protecting the rights of injury victims looking to file a claim against hospitals and other health care providers for injuries sustained during pregnancy. We know the right evidence to look for. We can negotiate with insurance companies and lawyers hired by hospitals to keep your compensation to a minimum. That way, you can focus on what matters most: your family and your loved one’s future.

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Negligence During Childbirth

During the course of labor and delivery, complications can occur which result in various health problems for a newborn. Collectively, these problems are referred to as birth trauma or birth injuries. Birth injuries are generally caused by operative deliveries, whether vaginal or abdominal, and are affected by circumstances such as:

  • Oxygen deprivation, which can occur when the umbilical cord is compressed or twisted in the birth processor when the unborn fetus chokes on its own meconium (fecal material comprising the first feces of the newborn, which can be released either just prior or just after birth).
  • Mechanical trauma when an unusual position is adopted by the baby at the time of delivery or when the baby is too large to readily pass through the birth canal, as frequently occurs, with diabetic mothers.
  • Mistakes made by any of the numerous participants on the delivery team. These mistakes can occur prior to delivery, at the time of delivery or immediately after delivery. They include events the use of excessive force or improper rotational force in the delivery process, delaying the performing of a cesarean section (C-section) delivery during fetal distress, failure of a midwife to seek the assistance of an obstetrician, and improper intubation (insertion of a tube) of a newborn requiring oxygen which results in hypoxia (insufficient amounts of oxygen reaching body tissue).
  • Improper or incomplete pre-natal testing/monitoring that can result in a medical team unprepared for a difficult delivery. These include conditions such as a high birth weight baby (over 9 pounds), peculiarities relating to the size and shape of the mother’s pelvis, and an improperly positioned fetus, all of which can be detected through the use of a sonogram.

These scenarios complicate the labor and delivery process, providing a statistically greater probability of occurrence. In many cases a baby with a birth injury will make a full recovery. When circumstances are such that a full recovery does not occur, birth injuries can be devastating, frequently causing debilitating injuries for the newborn which can last a lifetime.

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