How Can I Tell if a Birth Injury Was Caused By Medical Negligence?

 Posted on September 13, 2021 in Birth Injury

In the United States, infant death occurs in more than 5 of every 1,000 live births, and birth injuries and defects are even more common. Knowing that your newborn child’s life is at risk, or that they may experience health complications throughout their life, can be extremely concerning, and you may feel powerless to do anything about it. 

Perhaps you assume that birth complications are simply inevitable in some cases and that you are one of the unlucky ones. However, according to the Centers for Disease Control and Prevention (CDC) one of the leading causes of birth injuries and infant mortality is accidents during childbirth. It is not always easy to determine whether the negligence of a doctor or healthcare professional is to blame for your child’s injuries, but there are resources to help you uncover the root cause and determine whether it is possible to pursue compensation for damages. Here are some things you can do to identify and demonstrate medical negligence.

Consult With a Birth Injury Attorney

If your child has suffered an injury during childbirth and you have any suspicion that medical negligence may have been a factor, it is a good idea to talk to an attorney as soon as possible. An attorney who has direct experience with birth injury cases can listen to your account of the childbirth process and look out for any red flags that may require further investigation. An experienced attorney can also ask the right questions to help you identify signs of negligence that you may have been totally unaware of.

Preserve Evidence

Your hospital and medical records during your pregnancy, labor, and after childbirth will likely provide crucial evidence when pursuing a medical malpractice claim. Your attorney can ensure that you have access to these records and safeguard them for use in settlement negotiations or trial proceedings. Your attorney can also solicit sworn testimony from your care providers and other witnesses who have a relevant perspective on the case. Collecting witness statements early on helps to ensure that the testimony reflects events that are fresh in the witnesses’ memories.

Talk to a Medical Expert

Illinois law requires that in any medical malpractice claim, the plaintiff provides a sworn affidavit from a medical expert who has knowledge and experience in the relevant field of medicine. This expert testimony helps to establish that the care and treatment you and your child received is inconsistent with the standards that medical professionals are reasonably expected to uphold. Your attorney can help you work with an expert to obtain the required affidavit and the valuable information it includes.

Contact an Illinois Birth Injury Attorney

If you are uncertain whether medical negligence contributed to your child’s injuries, the experienced Chicago birth injury lawyers at Birth Injury Law Alliance, Ltd. can help. We will review your case and help you take the necessary steps to seek compensation. Call us today at 312-462-4200 to schedule a free consultation.

Sources:

https://www.cdc.gov/nchs/fastats/infant-health.htm

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622