Grant & Eisenhofer P.A.'s Injury from Birth logo
CHICAGO - January 27, 2021 - (Newswire.com)
The Chicago birth injury attorneys at Grant & Eisenhofer P.A. have extensive experience representing families and children who have been seriously injured at birth. Below, they answer common legal questions they receive about birth injuries.
How Does an Individual Determine Whether His or Her Baby's Disability Is Due to a Birth Injury?
There are certain characteristics that may be present after birth that help to determine whether a child suffered a birth injury. These characteristics may include:
- The baby was crying when he or she was born.
- The baby had to be resuscitated.
- The baby was admitted to the Neonatal Intensive Care Unit (NICU).
- The baby suffered from seizures.
- The baby had head or body cooling.
- The baby received a CT scan, MRI or ultrasound of his or her brain.
- The baby had low APGAR scores.
- The baby suffered from metabolic acidosis.
What Are Potential Situations That May Give Rise to a Birth Injury Lawsuit?
Medical negligence by the provider(s) responsible for the mother and child's care during labor and delivery can lead to a birth injury lawsuit. Examples of situations that may lead to a birth injury lawsuit include failure to:
- Properly monitor and interpret fetal heart monitor strips
- Diagnose and/or respond to fetal distress
- Recommend and/or perform a cesarean section
How Long Does an Individual Have to File a Birth Injury Claim?
Each state has its own statute of limitations or amount of time that an individual has to bring a medical malpractice claim. For example, the Illinois statute of limitations for parental claims is two years, while the statute of limitations for minor plaintiffs is eight years.
This time limit varies by state. An individual must file a claim within the statute of limitations, or he or she may not be able to pursue compensation against the responsible party for damages.
How Does an Individual Determine Whether Medical Malpractice Existed?
In order to establish medical malpractice, an individual must be able to prove the following:
- At the time of negligence, a doctor-patient relationship existed;
- The healthcare provider had a legal obligation, or a duty, to treat the mother and child;
- The healthcare provider's care fell below the standard of care (acting contrary to how a reasonable provider would have acted under the same or similar circumstances);
- The care provided caused the birth injury in question; and
- As a result, the birth injury caused the mother and/or child to suffer damages.
About Grant & Eisenhofer P.A.
Grant & Eisenhofer P.A.'s birth injury attorneys help families obtain the long-term care they deserve while navigating the complexities associated with litigation. They handle a wide variety of birth injury cases, including cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE) and infant wrongful death.
The firm represents families nationwide and has offices conveniently located in Chicago, San Francisco, New York, Wilmington and Birmingham. Learn more about how its birth injury attorneys help clients by visiting its website.
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Original Source: Grant & Eisenhofer P.A. Answers Common Questions About Birth Injuries
