Virtually all Illinois birth injury cases are forms of medical malpractice lawsuits. As such, the issue is whether the medical professionals acted reasonably at every stage of the process. If they did not, and their unreasonable conduct led to injuries, than the injured party (or their family) may be able to seek compensation for the harm.
In medical malpractice cases, the determination of a medical professional’s reasonableness depends on comparisons to accepted practices and standards and the conduct of other reasonably prudent professionals in the area. When these cases arise, an Illinois medical malpractice attorney will investigate exactly what happened and then determine if other medical experts would have acted differently in the circumstances. If so, than the lawsuit is filed and the case will usually either settle or go to trial. In more cases than not, the parties involved are able to reach a fair settlement without the need to go to trial.
That is was happened in a case last month involving a birth injury lawsuit against Northwestern Memorial Hospital.
The family in the case was expecting twins. The mother was 44 years old when she became pregnant with the two babies using in vitro fertilization. The pregnancy itself went without a hitch. Everyone seemed to be going well even after the first twin was born. Problems did not arise until the second twin began showing signs of distress. As blog readers know, when an infant is in fetal distress, getting the child out of the mother as soon as possible is usually paramount. That didn’t appear to happen in this case.
Instead of ordering an emergency C-section the attending physician kept performing different procedures to deliver the child vaginally. The doctor performed multiple vacuum extractions, used forceps, and even attempted an internal cephalic version, which is a maneuver where a hand is inserted fully into the uterus.
As a result of all of the aggressive techniques, the child suffered a variety of injuries. The boy was born with spinal hemorrhages, brain hemorrhages, and had oxygen deprivation. The injuries are severe for anyone, but it is particularly difficult for a newborn to recover from those harms. Unfortunately, the child in this case was not able to pull through, and he died six days after he was born.
Our Illinois birth injury lawyers filed a Chicago medical malpractice lawsuit on behalf of the deceased child’s estate. The suit alleged that the medical team acted unreasonably in not ordering an emergency C-section that would have meant the aggressive techniques were not necessary which likely would have prevented the fatal injuries.
Recently the parties in the case reached an amicable settlement. The defendant-hospital agreed to pay $3.5 million in compensation to the family as a result of the incident.
Failure to Perform C-Section
These sorts of cases are one of the more common ways that serious birth injuries develop. When fetal distress occurs, medical professionals must act reasonably to ensure that baby is given the best chance possible of being born without serious injuries. In many cases that might mean ordering an emergency C-section. If that step is not taken and if serious injuries result, then the medical staff may have committed malpractice.
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