September 30, 2011

Birth Injuries Often Have Lifelong Consequences

Dealing with complications from childbirth are heart-wrenching experiences. In many cases, these challenges force families to confront the possibility that both the mother and infant might be lost. Our Chicago birth injury lawyers are well versed in the consequences of problems during pregnancy and childbirth. Sometimes these complications are completely unavoidable aspects of the natural process. However, at other times the birth injury could and should have been prevented if proper medical care had been provided. The pain, emotion, and loss in all cases are the same, however.

Unfortunately, for the newborns caught up in these situations, the consequences often permanently dictate their lives. This week the Milwaukee-Wisconsin Journal Sentinel reported on the myriad of problems face by infants born prematurely. It is explained how many premature infants fight to survive and, if they do make it, suffer major disabilities. As it currently stands, half of all infant death result from complications from premature births.
However, even when it appears that the infant made it without major disabilities, there are often problems lurking under the surface that will not appear until later. They are the hidden costs of a preterm birth.
Many children who are born prematurely suffer intelligence issues, learning disabilities, and behavioral problems. Studies continue to show that those children born prematurely are less likely to graduate high school and obtain college degrees. Those educational issues have tremendous affects on these individual’s lifetime economic situation.

New research has found that IQ rates tend to decrease on average the less a premature infant weighs at birth. Of course, this is a trend and not a specific rule. But, it is clear that those children born earlier and weighing less are more likely to suffer learning problems which may ultimately influence their entire lives. Part of the problem is that infants who are forced to spend longer times in intensive care are at higher risks of experiencing brain problems. Lack of oxygen, infection, and hemorrhages can strike when these young children are at their most vulnerable just out of the womb. An infant in the intensive care unit it subject to changes in temperature, noise, and light which may also affect brain development. All of these stressors can injure the child

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September 24, 2011

Family of Birth Injured Baby Sets Up Foundation to Help Others

Our Chicago birth injury attorneys were inspired by a story in which they learned that the parents of a baby that died as a result of a brain injury that occurred during birth started a foundation in the baby’s honor to help out other children that suffered brain related birth injuries. The couple’s baby was injured during birth and as a result of this brain injury during birth, the baby ended up dying before he was even one year old. The family of the baby chose to try and turn their sadness into something more positive and started this foundation in his name about eleven years ago, which was shortly after he died as a result of his injuries. The baby’s mother says that started the foundation and works so hard for the cause in order to help her baby’s memory live on. The entire staff of the foundation is comprised of volunteer workers so that the money that is raised can go more directly to the children.

The foundation raises money through donations, which are then used to help fund projects that are set up to help victims of brain injuries that occurred during childbirth. According to LOHUD, the foundation receives the majority of their donations through an annual fundraising event that is a day long event which culminates in a fundraising dinner. Examples of where the money goes is to things like building new ramps to assist kids that need help getting into a therapy pool, to help fund in home equipment for children that need it when the family may be unable to pay for it, as well as for other projects that help children suffering from these birth injuries. In addition to raising money to help children of birth injuries, the goal of the foundation is to help educate women about birth injuries and about problems that may occur during childbirth. The family of the young victim have five other children but felt like when their terrible tragedy occurred they were not aware of the high frequency and risks of birth injuries and that they want others to know more about what can happen and feel more prepared than they were if something does go wrong during birth. The specific area of education that the foundation focuses on is the risk of a vaginal birth following birth by a caesarian.

Our Chicago personal injury lawyers are so happy that this couple and their family was able to take their tragedy and their grief and find a way to help others that are victims of this type of birth injury. The cost of medical bills, equipment, and therapy for the injuries is often very high and when the injury is the result of the doctor’s negligence, many families choose to sue the doctor for causing the baby’s injuries. Our Illinois birth injury attorneys have helped out clients recover millions of dollars in connection with their birth injury lawsuits and are here to help out your family if this has happened to you or if this has happened to a loved one.

September 22, 2011

Doctor Responsible for Birth Injury Goes Missing

Our Illinois birth injury attorneys recently read about a lawsuit in which the family of a baby that was born with birth injuries sued the doctor that was responsible for the delivery, for causing the injuries to be much more severe than they would have been had he not acted negligently. The negligence lawsuit alleges that the baby suffered permanent arm and shoulder nerve damage after the doctor did not act as quickly as he should have when the baby’s arm got stuck against his mother’s bone during delivery. The stuck shoulder should have led the doctor to perform immediate emergency surgery to help relieve the arm of the pressure, and the lack of the surgery led to the baby suffering from a severe and permanent injury.

The birth injury occurred back in 1989, and the now much older boy still has a weakened arm due to the damage at birth, and there is very extensive nerve damage to his whole arm. According to Justice News Flash, the lawsuit points out that the doctor that was responsible for the birth injury admitted himself to a drug rehabilitation center just days after the birth of the baby boy. The family believes that the doctor may have been under the influence of drugs and that his judgment was impaired at a point in time where he needed to make an emergency decision that he failed to make.

The birth injury and negligence lawsuit that was filed by the family of the victim likely seeks damages not only for medical bills and costs associated with the injury and physical therapy for the injury, but also for damages to help with the pain and suffering that the boy and his family have had to deal with as a result of the doctor’s negligence. The birth injury lawsuit was filed against the negligent doctor about four years ago but now the doctor cannot be found. He has lost his medical license and even his own attorney does not know where he is located. This is obviously very frustrating for the family, and the young man who suffered the birth injuries, because with they are not able to achieve the justice that they deserve or to receive any compensation that they are owed with the doctor missing. The attorney for the doctor is trying to have the case dismissed because the doctor is unable to be located but the family has asked the court for an extension in hopes that they doctor will be located and the case can continue on and they can receive damages for the birth injury.

If you or a loved one suffered birth injuries that were the result of a doctor, nurse, or other medical professional’s negligence and you feel that you are entitled to monetary compensation for this negligence, please contact our Illinois personal injury lawyers immediately to talk about your case. Our personal injury firm has helped recover millions of dollars for clients all over Illinois and we are here to talk to you about what has happened to you and you family.

September 20, 2011

Parents Awarded $4.5M in “Wrongful Birth” Lawsuit

Our Chicago birth injury attorneys learned that the lawsuit in which the family of a baby born with severe birth defects, including multiple limbs missing, that sued the doctors for failing to recognize the injuries to the baby while he was in the womb, resulted in a verdict of $4.5 million dollars for the family of the young boy. According to The News Factory, this lawsuit resulted from what has been coined a “wrongful birth” after the doctors that were responsible for monitoring the baby while the mother was pregnant failed to notice the serious problems with the baby while he was in the womb.

While typically birth injury lawsuits involve negligence on the part of the doctor, nurse, or other hospital staff during the delivery process itself, a case such as this one shows that negligence on the part of the doctor or nurses at any point of the pregnancy process can result in a lawsuit on behalf of the injured baby and the baby’s family. In this case, the boy’s injuries were present while in the womb but the doctors and nurses failed to notice, or at least failed to tell the parents, about any problem or birth defects at any time prior to birth. The family did not realize that there was anything wrong with the baby until he was born, at which time the birth defects were obvious because the baby was missing both of his arms and one of his legs. The family alleged that it was negligent of the doctors and nurses to either fail to realize that there was a problem during the pregnancy, or if they did realize that there were problems that they were negligent in failing to inform the parents of what to expect.

The birth injury lawsuit that was filed by the parents of the young boy sought $9 million dollars in damages, to help cover his medical expenses and other bills as well as to help compensate the young boy and his family for the pain and suffering and the difficulties that the young boy will face as he gets older. The negligence lawsuit resulted in a finding of $4.5 million dollars for the young boy and his family, finding that due to the negligence on the part of the doctor the family was not aware of the boy’s problems until it was too late for them to make a decision as to what to do.

Our Illinois birth injury attorneys have helped clients out all over Illinois with their birth injury lawsuits and have recovered millions of dollars for the victims and their families. While most birth injury lawsuits result from the negligence on the part of the doctor during the actual birthing process, some cases do result from negligence during either the pregnancy or at a point shortly after the birth of the baby. Our Chicago personal injury attorneys are here to hear your family’s story and to talk to you about what next steps are available to you and your loved ones.

September 18, 2011

Family of Birth Injury Awarded $58M Settlement

Our birth injury lawyers read about a verdict in a recent birth injury lawsuit that awarded the family of the victim of the permanent and severe personal injuries over $58 million dollars. The birth injury lawsuit was filed against the obstetrician that delivered the family’s baby eight years ago, after the baby was born with severe brain injuries while under the doctor’s care. The brain injuries that the baby suffered from during childbirth were the result of the doctor negligently taking too long to get the baby out during birth even after the point where the baby was showing signs of distress during delivery. As a result of the baby’s severe injuries that he suffered at birth, his brain injury left him unable to eat on his own, walk on his own, or talk at all.

In this birth injury case the baby likely suffered these severe birth injuries as a result of oxygen deprivation during delivery. Doctors and nurses must constantly monitor the mother and baby closely to make sure that the baby is not in distress in the womb, and that the baby’s vital signs are what they should be at all times and that the baby is receiving the appropriate amount of oxygen at all times. There are machines and equipment that should always be used by doctors, nurses and at all hospitals to make sure that the mother and the baby are constantly being monitored and to alert the doctor when there is a problem. If the baby is showing signs of trouble, the doctor usually will perform an emergency caesarian because that allows the doctor to get the baby out much more quickly than with a vaginal birth. When a doctor fails to take emergency measures after the baby shows clear signs of fetal distress, the doctor’s negligence adds to the chances that the baby will suffer permanent damage or even die during the birthing process. In this birth injury trial, the jury determined that the doctor’s negligence in failing to deliver the baby more quickly was a definite cause of the baby’s severe and permanent injuries. According to The Digital Journal, the jury awarded the family of the victim with the multimillion dollar settlement to help the family with all of the past medical bills they have had to pay in connection with the birth-related injuries, for all the future medical care that the child will require for his entire life, for all of the equipment necessary for the young boy to live as normal of a life as possible, and also money to try and compensate the family of the brain injured child for the pain and suffering that the victim and the family have all suffered as a result of the doctor’s medical malpractice.

If you or a loved one had a baby and the baby suffered birth injuries as a result of medical malpractice or negligence on the part of a doctor, nurse, or other medical professional, a birth injury lawsuit may be available to be filed against the party responsible. Our Chicago personal injury attorneys have helped clients all over Illinois recover damages for the personal injuries that they have suffered at the hands of another. Please call our Illinois personal injury law firm today to tell us about what has happened to you or your loved one and to discuss what options may be available.

September 16, 2011

Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

Our Chicago birth injury attorneys recently learned about a birth injury lawsuit that resulted in a $30 million dollar settlement for the family of the victim of the birth injury. The birth injury lawsuit was against the hospital where the baby was delivered back in 1997. The lawsuit alleged that due to the negligence of the hospital the baby was born with severe brain and birth injuries that have led him to have permanent disabilities. When the baby’s mother went into labor she was given a drug that was to induce her contractions but then the doctors at the hospital failed to monitor both the mother and the baby. This led the baby to be without oxygen and by the time the doctor’s realized what was going on they had to perform an emergency cesarean section. According to Naples News, all of the time without oxygen severely injured the baby and led to permanent brain injuries in the baby and he was diagnosed as having developed cerebral palsy from his oxygen deprivation.

The baby that was injured back in 1997 at the hospital is now 14 years old. His cerebral palsy requires that for him to be able to communicate he needs certain equipment and tools, such as a special keyboard that he is able to tap out the letters of the words that he is trying to communicate to others. At one point he was able to go to school with other children his age, but due to budget cuts he lost his assistant that was there to help out in the classroom. Without his assistant in the classroom he is unable to keep up with the class, and in turn his mother now teaches him at home. This type of special care can be very expensive and is necessary for the young boy to use in order to communicate and keep up with other children his age educationally. Because of these expenses, the family of the birth injured boy has a great deal of expenses that are connected with the permanent brain injuries to the young boy. The boy lives with his mother whom is a single mother raising him on her own as well as home schooling him.

The birth injury lawsuit was originally decided back in 2007, where the boy and his parents (now divorced) were awarded $30 million dollars. The defendant hospital then appealed the decision and the appellate court upheld the decision in 2009. The family has since filed a claims bill against the hospital asking the state legislature to approve the payment of the damages that are due to the victim’s family. The reason that this amount has to be requested for payment is because the hospital is publicly run and there is a cap on the damages that a public entities can be required to pay, and while a jury is allowed to award a higher amount to the plaintiff, the damages must be approved before the defendant is required to pay the damages in full to the plaintiff. At this point the legislature has not yet approved the payment, but it is still pending and the family hopes that it will be approved soon in order to help them out with all of their costs associated with the hospital’s negligence that led to their son’s permanent brain injuries.

September 14, 2011

Paxil Related Birth Injury Claims May Still be Filed

Our Chicago-based birth injury attorneys want to make sure that all families that were affected by a birth injury that was caused by the mother taking Paxil while pregnant realize that there may still be time for their birth injury lawsuit to be filed. Paxil is a drug that has been and continues to be heavily prescribed to treat depression, panic attacks, anxiety attacks, and social anxiety issues. However, after the drug had been prescribed to patients for years it was discovered by researchers that the drug could lead to rather serious birth defects in newborn babies when the mother took the drug during her pregnancy. The drug can lead to severe physical defects to the baby, including heart problems, foot development problems, brain and skull development problems, as well as other physical birth injuries that can be very difficult for the families affected.

Many victims of Paxil related birth injuries have filed birth injury lawsuits against the manufacturers of the drug for failure to realize and warn their patients of the dangers associated with taking this particular anti-depressant. These patients often had babies born with the above mentioned physical problems and many of those affected are suing the drug manufacturing company to recover the medical costs associated with the baby’s injuries caused by taking the drug, as well as compensation for the pain and suffering that the manufacturer’s negligence caused the families of these babies born with these severe birth injuries.

While many of these birth injury lawsuits have been filed and settled for the families of these babies, according to PR Web, many families that have not yet filed a lawsuit for their baby’s birth injuries are afraid that they have missed their chance to file a birth injury claim against the drug manufacturer. Our birth injury lawyers want to make sure that families understand that they have not necessarily missed their opportunity to receive the compensation that they deserve for the drug manufacturer’s negligence and that there are still birth injury attorneys that will take the case and help the victims fight to receive the monetary compensation that they deserve.

If you or a loved one gave birth to a baby that suffered from severe physical problems at birth and the mother was prescribed and was taking Paxil at the time that the baby was born, you may have a Paxil birth injury claim available to be filed against the manufacturer of the drug. Additionally, depending on when your doctor prescribed the drug to you, you may have a negligence claim against your doctor too if the dangerous side effects were already known to medical professionals when it was prescribed to you. If you feel that this has happened to you and your baby, please contact our Chicago personal injury attorneys today to discuss your story and to see what legal options you may have available to you. Our Illinois personal injury law firm has helped many clients receive the appropriate damages for their personal injuries that were caused by the negligence of another and we are here to talk to you today about your potential case.

September 12, 2011

New Test to Detect Heart Defect Birth Injuries

Our Illinois birth injury attorneys were interested to learn about a new development in which many experts believe that a new screening test for newborn babies aiming at detecting heart problems could help reduce the number of birth injuries in newborns. Many birth injuries are detectable at the time the baby is born but certain types of birth injuries, such as heart problems, are often times not as obvious or detectable as others birth problems. For example, if the baby is not receiving oxygen it is clear that the baby is in trouble once they are born, and even a fetal distress monitor maybe able to detect an oxygen deprivation problem even before the baby is delivered. With birth problems that are more visible, there is hopefully enough time for the doctors and nurses to fix the problem and for the baby to be completely fine. However, when the baby suffers from a problem that is not apparent to the doctors or to the nurses at the time the baby is born there is a fear that the birth injury will do serious damage to the baby before any help is given.

While many types of heart problems are easily testable, about a quarter of heart defects in newborn babies, are not detectable by the normal tests that are usually given at birth. This type of hard to detect heart defect does not necessarily present any obvious signs and because of this doctors, nurses, and parents may not realize that there is a problem with the newborn baby. According to Voice of America, medical experts have discovered a new type of test, which is non-invasive to the newborn baby, in which the doctor can test for this hard to detect form of a heart defect. This test measures the level of oxygen in the baby’s blood, and when the levels of oxygen are too low it may be evidence of this type of rare heart defect. The ability to test for this other type of heart defect in newborn babies allow the doctors and nurses to monitor the baby more closely, and make it much less likely that the baby will be sent home without the treatment that it needs.

The oxygen level test can also help to identify other birth problems, such as infections to the baby that may go undetected if the test is not given. Many birth injury experts feel that this test could really help to reduce the number of serious birth problems, because it would help doctors and nurses realize that there is a problem with the baby before the damage is too severe. and give them the time necessary to fully treat the baby Our Chicago birth injury attorneys are happy to hear that there may be a way to help keep the number of damaging birth injuries down, and help keep more newborns healthy.

If you or a loved one had a baby that was not diagnosed as suffering from a birth injury, and then later suffered from injuries related to his misdiagnosis, please contact our personal injury law firm to discuss what options may be available to you. Our Illinois birth injury attorneys have helped clients from all over Illinois with their personal injury lawsuits and are here to help you with your case, so please call us today!

September 10, 2011

Family Receives $1.5M Settlement for Birth Injury/Wrongful Death Lawsuit

Our Illinois birth injury attorneys just learned about a settlement in a wrongful death/birth injury lawsuit in which the family of a baby that died shortly after birth was awarded $1.5 million dollars for the hospital and doctor’s negligence in not giving the baby the proper attention and care that it needed when it was born. The baby was born about two and a half years ago, and suffered serious trauma at birth. The wrongful death lawsuit alleges that because of the doctors and nurses acting negligently, in failing to recognize the severity of the baby’s injuries at the time of the baby’s birth, the baby was treated too late and died several days later as a result of the birth injuries sustained while at the hospital. The birth injury initially occurred because the doctor that was delivering the baby used a vacuum suction to help and get the baby’s head out during delivery, and the suction led to brain bleeding in the baby. The serious birth problem was not handled immediately following the baby’s birth injury and the doctors and nurses were negligent in failing to recognize the symptoms and the signs that the baby was in serious distress until about twelve hours after the baby was delivered. By this time the baby suffered serious, and what resulted in, fatal injuries. The baby was not taken to the appropriate hospital that it needed to go for treatment and surgery until the day after it was born, and according to the birth injury lawsuit, this delay is what caused the baby to die from the injuries.

The wrongful death lawsuit named multiple defendants when it was originally filed back in the summer of 2009, but at the time the settlement was reached, the doctor that delivered the baby and the hospital where the baby was born were the only defendants remaining as parties to the personal injury lawsuit. According to The York Daily Record, the settlement was just recently reached and the $1.5 million dollar settlement will go to the parents of the victim and to their attorneys. This recovery amount is not only intended for the baby’s medical bills connected with the birth and the failed surgery that followed to try to help the baby, but also to try and help the family of the victim receive some form of compensation for all the terrible loss and pain and suffering that they have been through as a result of the negligence on the part of the defendants.

If you or a loved one gave birth to a baby, and the hospital, the nurses, or the doctors, acted in a manner that was negligent given the level of care that all hospital staff owe to their patients, and your baby was injured as a result of these negligent actions, please contact our Illinois personal injury law firm today. Our Chicago birth injury attorneys have worked with clients all over the state of Illinois and have recovered monetary damages for these clients to help them out in some way with all that they have suffered through as the result of another person's negligence during the birthing process, and our birth injury attorneys are here to talk to you and hear your story and discuss what options are available to you and your loved ones.

September 8, 2011

Trial Begins in Lawsuit Where Inmate Gave Birth Alone in Cell

Our birth injury attorneys were interested in a current lawsuit in which a former inmate is suing the county jail she was incarcerated in, after she gave birth on the floor of the jail close to fourteen years ago. The birth injury lawsuit is against the county where the jail in which the inmate was incarcerated is located. While the incident occurred many years ago, the case is just now going to trial. According to Seattle PI, the personal injury lawsuit alleges that the baby likely suffered neurological damage as a result of not receiving medical care immediately following the baby’s birth. The inmate was pregnant and claims that the jail staff ignored her when she told them that she was nine months pregnant and that she was having labor pains. After repetitively asking for help and no one responding to her pleas or taking her seriously, she gave birth to her baby in her jail cell all alone. The officers that were on duty claimed that when they saw her they did not believe that she was in imminent danger, and that is why they did not get her help when she was asking for it.

The jail staff claims that the inmate was not clear in informing them that she was pregnant, and that due to her erratic behavior and verbal abuse, they had no reason to believe her claims that she was pregnant. They also claim that they did not act negligently by not believing that she was pregnant and failing to get her help before the baby was born because they did not know she was pregnant and are not required to give pregnancy tests to their inmates. It was not until the staff heard the baby crying that they realized she was serious about the pregnancy and proceeded to go and get help for the mother and baby. The jail staff also claims that the mother and baby suffered no injuries as result of the lack of care on the part of the jail.

However, the inmate claims that her baby was born with a heart defect and that the fact that the baby had no immediate care led to a more severe birth injury. The lawsuit is against the jail staff and the county for their negligence in not giving the inmate the appropriate care necessary and the baby’s injuries are not actually part of this particular lawsuit. The inmate seeks damages for the pain and suffering from being alone in her isolation cell and having to go through the birthing process all by herself.

Our birth injury attorneys feel bad for the mother having to give birth all alone, and for the baby that may have suffered more serious birth injuries that would have occurred had the baby received the proper medical care that it should have received during labor and delivery. If you or a loved one feel that a doctor, nurse or someone else in charge acted negligently while you were giving birth and that the baby suffered physical damages as a result of this negligence, please do not hesitate to contact our personal injury law firm to discuss your options. Our Illinois birth injury attorneys have helped out families all over Illinois with their personal injury and birth injury claims and are here to help you.

September 6, 2011

Illinois Family Recovers $29M in Birth Injury Case

Our Chicago birth injury attorneys recently read about a Gurnee birth injury lawsuit in which the family of the baby received $29 million dollars after the verdict was in found in their favor. The lawsuit was against the doctors and nurses that were in charge of taking care of the baby after birth and the lawsuit dealt with their negligence that led to their baby’s permanent brain injury following his birth. The Illinois birth injury lawsuit alleged that the baby, who was born eight years ago, suffered severe brain damage because the doctors and nurse at the health center where he was born failed to take proper care when he was born with a common blood infection.

The birth injury lawsuit was filed years ago and the family of the young boy won the suit last year, but it was appealed to the United States Court of Appeals, and just recently affirmed, meaning that the appellate court agreed with the original trial court. The appellate court agreed that the evidence presented showed that the doctors and nurses acted negligently in not treating the newborn baby’s infection for 12 hours after he was born with clear signs of a infection that was clearly getting worse over time.

The lawsuit against the doctors and nurses that were caring for the baby at the time of delivery and shortly after the baby was born, were accused of acting negligently in respect to their treatment of the baby shortly after birth. According to The Chicago Sun Times, when the baby was born he had a blood infection that is common during pregnancy and at birth, and can be treatable if handled appropriately. However, as the lawsuit alleges and the court agreed with, the doctors and nurses did not do anything for the baby for nearly 12 hours after birth. At that point the infection had advanced to a point where the baby suffered from severe injury, including a diagnosis of cerebral palsy and of spastic quadriplegia that are permanent and will require care throughout his whole lifetime.

The family of the baby did not realize immediately that the baby’s permanent brain injuries were caused by the doctor’s negligence, and did not realize that his injuries would likely not have been permanent had the staff acted as they should have when the infection presented itself. The family only realized that the staff had acted negligently when their second son was born with the same infection and was treated with medicine immediately after birth and recovered completely. This made the family realize that something must have been done wrong with their first baby and that the hospital staff had not handled the baby with the appropriate level of care that he needed.

If you or your loved one believes that a doctor or nurse acted negligently in treating your baby during birth, or shortly after birth, and your baby suffered injuries as a result, contact our personal injury law firm today. Our Illinois birth injury attorneys have helped clients all over the state of Illinois with birth injury lawsuits and are here to talk to you about what has happened and what options are available.

September 4, 2011

Dramatic Rise in Caesarian Births

Our Chicago birth injury attorneys recently read that multiple hospitals in the Miami area stated that in 2010, over half of their births were caesarian births (C-sections), as opposed to vaginal deliveries. Additionally, according to Florida Independent, this city has the highest rate of C-section deliveries in the United States. The high number of C-section births worry many doctors and other health care professionals, because many believe that C-sections should only be performed when it is medically in the best interest of the mother and baby. Examples of when it might be medically necessary is when there is a complication that makes the birth need to occur quickly in order to keep the mother and baby safe.

One of the reasons that there has been a large rise in the number of C-section births is because in terms of scheduling it is easier for both mothers and for hospitals. With C-sections, the birth is often times scheduled ahead of time (unless the C-section is because of a complication or an emergency situation) and this makes both the family and the hospital able to plan for the birth. While the ease in planning may sound like a good solution to giving birth to many doctors and expectant families, it is not a good reason to have a C-section if that is the only reason for performing the C-section instead of performing a vaginal birth. A C-section is a surgical procedure and the risk associated with surgeries are present with all C-sections, and many mothers and babies suffer complications with C-sections that would not be present with a normal vaginal delivery.

Another reason that many doctors opt for, and encourage, C-sections even when they may not be medically necessary, is that doctors often worry about the increased risk of medical malpractice and birth injury lawsuits that may arise from a long labor and natural birthing process. While there may be more time for birth related complications to arise during a prolonged labor, the risk of a potential birth injury lawsuit is not a good reason for a doctor to encourage a C-section as a birthing solution when there is no other logical reason to perform the C-section.

If your doctor suggests a C-section delivery, instead of a vaginal labor and birth, please make sure to understand the reasoning behind the suggestions, and choose one when it is medically necessary and not just for scheduling ease. C-sections are a great option when there is a complication and the baby needs to be delivered immediately, or when other complications make one necessary, but if that is not the case and it is just for the doctor to protect themselves from a possible birth injury lawsuit, undergoing surgery for no real reason may not be the best choice for the mother or the baby. All doctors and all hospitals should always place the patient and the baby’s health and safety first and foremost, and if you feel that the doctor was negligent in their decision making, please contact our Illinois personal injury attorneys to talk about whether a birth injury lawsuit should be filed against the doctor.

September 2, 2011

Family Seeks $9M in Case Against Obstetrician

Our Chicago birth injury attorneys recently read about a case in which a Florida family has filed a lawsuit against the obstetrician that delivered their son three years ago. The medical malpractice lawsuit is against the doctor because the young boy was born with only one leg and with very short arms, and the doctor did not catch these birth defects during the pregnancy. The family alleges that the doctor and the hospital staff acted negligently in not informing the family of these problems after they conducted several ultrasounds during the mother’s pregnancy. The parents of the boy claim that had they known of the birth defects at a time when terminating the pregnancy was still an option, they may have chosen this option because the family feels that the boy will have a lifetime of hardship because of his birth injuries and that he will suffer a great deal throughout his life.

According to the Palm Beach Post, the lawsuit alleges that the hospital and the doctors and staff that viewed the ultrasounds somehow missed the birth defects and that it was negligent of the staff for no one to notice the problems at any point during the pregnancy. Since the couple was not told of the birth defects they were not aware that there were any abnormalities with the pregnancy until their son was born. While the young boy is a happy toddler, his parents worry about the trouble he may experience as he gets older. The lawsuit seeks over $9 million dollars in damages, as that is the expected cost of the care for the young boy throughout his life for his medical bills, medical equipment and medical services. The family is also seeking additional money damages as compensation for the pain and suffering the family has experienced as a result of the doctor’s negligence in failing to identify a problem with the pregnancy.

This family and many others have filed medical malpractice or birth injury lawsuits against the doctor or hospital that is responsible or contributed to an injury to their child. These lawsuits aim to seek some compensation for what the negligence on the part of the doctor or hospital has caused the family of the victim to suffer through, and to try to help them out with the expensive costs of medical bills associated with the injury. While these lawsuits will not make up for the negligent actions by the doctor or hospital, they are a way to try to make the family have some type of recovery for the terrible experience.

Our Illinois personal injury lawyers have helped clients all over Illinois with their medical malpractice and birth injury lawsuits, and have recovered millions of dollars for these clients that have suffered as a result of someone else’s negligence. If you or a loved one suffered an injury at the hands of a negligent doctor, or due to the negligence of a hospital, please contact out Illinois personal injury attorneys today. We are here to hear your story and to help you determine what the next step is in receiving compensation for your personal injury.