Chicago Birth Injury Lawyer
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Chicago Birth Injury Law Firm Fighting For Birth Injury Victims And Their Families
At Curcio & Casciato, our Chicago birth injury lawyers have significant experience with birth injury litigation. While painful, the labor and delivery process is supposed to be one of the happiest times a family can experience. When birth injuries occur, absolutely nothing can be more devastating.
We understand that birth injury cases are medically, emotionally, and financially taxing. Our Chicago personal injury law firm is committed to holding medical professionals accountable for medical malpractice and representing families whose child suffered birth injuries.
If your child suffered a birth defect, you need a compassionate Chicago birth injury lawyer to provide aggressive legal representation; you need Curcio & Casciato. Call 312-321-1111 to establish an attorney-client relationship and get a free consultation.
Experienced Chicago Birth Injury Attorneys
Birth injuries are complex and challenging to prove. Illinois law will not hold doctors or other medical professionals liable unless they deviate from the medical standard of care of the local medical community, regardless of what serious injuries were sustained during the delivery process. Health care providers, hospitals, and their insurance carriers often claim that birth injuries happen from known complications and risk factors related to the birthing process or the child’s birth injury was simply unavoidable, and therefore, they cannot be held liable for the personal injury.
Our Chicago personal injury lawyers work closely with families, medical expert witnesses, life care planners, and other medical professionals to determine the cause of birth injuries, as well as the lasting effects those injuries will have on the injured child and family.
If your child sustained life-threatening injuries or has been diagnosed with a condition caused by a birth trauma, you should take steps to determine whether or not medical negligence could be the cause. You may very well have a medical malpractice claim.
Preventable mistakes can cause devastating birth injuries. These medical errors can cause a lifetime of ongoing medical treatment, leading to an overwhelming amount of future medical expenses. Our Chicago personal injury attorneys work hard to ensure families get fair compensation through birth injury claims. We’ll help you determine what the chances of are of winning a medical malpractice lawsuit.
What are Birth Injuries?
Birth injuries occur whenever an infant or the mother is injured unnecessarily. Common birth injuries occur because of misdiagnosis, mistreatment, labor complications, delivery complications, negligent prenatal care, or a lack of proper medical care in general. Although some birth injuries are unavoidable, sometimes, a birth injury occurs as a direct result of medical malpractice.
When medical negligence contributes to a child’s birth injury, the parents can pursue damages through a medical malpractice case to cover medical bills for physical therapy, lost wages, home advancements, special treatments, pain and suffering, and future medical care.
How Common are Birth Injuries?
According to the Agency for Healthcare Research and Quality, around 160,000 preventable injuries occur yearly to both mother and baby.
Illinois Statute of Limitations for Birth Injuries
A birth injury lawsuit falls under the medical malpractice claim umbrella. The Illinois medical malpractice statute of limitations is 2 years after the injury or 2 years from the date the birth injury should have been reasonably discovered. After 4 years, you cannot file a medical malpractice lawsuit, regardless if your child sustained a serious injury or not.
However, for birth injury cases, if the birth injury occurred when the victim was under 18 (and it did), then the claim would need to be filed within 8 years from the date of the personal injury or before the victim turns 22.
Also, in Illinois, the statute of limitations may be tolled when the child will suffer from a permanent injury or disability, such as a brain injury. The statute of limitations will not begin until the disability is removed. So, if your child is suffering from a permanent disability, time for your child’s birth injury claim may never be barred.
Our birth injury attorneys will be able to help you determine if you have time to file a claim for birth injuries.
Types of Birth Injuries in Newborn
Some of the most common birth injuries and birth defects involve:
Toxemia of Pregnancy or PIH Pregnancy
Toxemia, also known as preeclampsia or pregnancy-induced hypertension (PIH), is a condition that can have serious consequences for both mother and child if not properly managed. Toxemia symptoms include high blood pressure, swelling, and protein in the urine.
Toxemia during pregnancy requires careful monitoring and management to prevent complications. Every Chicago birth injury lawyer at Curcio Law Group is knowledgeable about the medical standards required for managing PIH and is prepared to support families affected by medical malpractice that caused birth injuries.
Cerebral Palsy
Cerebral Palsy is a neurological disorder that affects movement and muscle tone, often caused by brain injuries before, during, or shortly after birth. Our Chicago Cerebral Palsy lawyer team at Curcio Law Group has extensive experience in representing families whose children have been diagnosed with cerebral palsy due to medical malpractice, providing them with expert legal guidance and compassionate support to secure the compensation necessary for lifelong care associated with cerebral palsy birth injuries.
Cytotec Induction Injuries
The use of Cytotec for labor induction has been associated with various risks and complications that lead to preventable birth injuries in Illinois. The Chicago birth injury attorneys at Curcio Law Group are experienced in handling birth injury cases where the inappropriate or negligent use of Cytotec for induction in Chicago has led to adverse outcomes for both mother and child, advocating for the rights of those affected by such medical malpractice.
Erb's Palsy
Erb’s Palsy is a condition resulting from nerve damage around the shoulder. This birth trauma often occurs during difficult childbirths. Every Chicago Erb’s Palsy lawyer at Curcio Law Group is dedicated to representing children and families affected by Erb’s Palsy birth injuries due to medical negligence, ensuring they receive the compensation they need for ongoing medical care and rehabilitation.
Meconium Aspiration Syndrome
Meconium Aspiration Syndrome occurs when a newborn inhales a mixture of meconium and amniotic fluid during or before birth, which can lead to severe respiratory complications. Our Chicago meconium aspiration syndrome lawyer team is skilled in advocating for families dealing with the consequences of these types of birth injuries when linked to medical malpractice.
Shoulder Dystocia
Shoulder dystocia is an emergency situation that occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery, potentially leading to collarbone fractures. Our Chicago shoulder dystocia attorney team at Curcio Law Group is adept at handling cases involving shoulder dystocia, working diligently to secure justice for affected families.
Umbilical Cord Prolapse
Umbilical cord prolapse is a critical obstetric emergency where the umbilical cord descends through the cervix before the baby, leading to potential oxygen deprivation. Our Chicago law firm is experienced in representing cases of umbilical cord prolapse in Chicago, advocating for the highest standard of emergency response and care.
Vacuum Delivery Injuries
Vacuum delivery can lead to various birth injuries if not performed correctly, including scalp wounds, skull fractures, and brain injuries. Curcio Law Group is familiar with the standards of care for vacuum birth procedures and represents families whose children have suffered injuries due to improper vacuum use.
Extra-Cranial Injuries
Extra-cranial injuries can occur as a result of using forceps during delivery, potentially leading to skull fractures, brain trauma, or intracranial hemorrhages. Our Chicago birth injury lawyers are adept at handling cases where forceps during delivery have been misused, ensuring affected families receive the legal representation they deserve.
Brachial Plexus Injury
Brachial Plexus injuries involve damage to the nerve bundle responsible for arm and hand movement, often occurring during childbirth. Our Chicago Brachial Plexus Injury lawyer team specializes in cases where brachial plexus injuries are the result of negligence, advocating for the affected child’s future needs and care through an Illinois birth injury lawsuit.
Klumpke's Palsy
Klumpke’s Palsy, or Klumpke paralysis, is a rare form of paralysis affecting the lower arm and hand, usually caused by trauma during birth. Our Chicago birth injury lawyers understand the complexities of these serious injuries and provide legal counsel to families affected by Klumpke’s Palsy when their children suffered birth injuries due to malpractice.
Facial Nerve Palsy
Facial Nerve Palsy in newborns can be caused by trauma during birth, leading to temporary or permanent facial paralysis. At Curcio Law Group’s Chicago birth injury law firm, we are committed to supporting families dealing with facial paralysis due to stress, offering legal assistance to secure appropriate compensation and care.
HIE
Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury caused by reduced oxygen and blood flow to a baby’s brain during delivery. The condition is classified into three HIE stages—mild, moderate, and severe—each representing different levels of brain damage and potential long-term effects. Families affected by this devastating injury often face significant challenges. A Chicago HIE lawyer can help you pursue justice and compensation, ensuring that your child’s needs are met as they navigate the consequences of this injury.
Birth Injuries to Mother
Birth injuries aren’t restricted to the infant. If a doctor acts negligently during the labor and delivery process, both the child and the mother are at risk for serious injuries. When a mother gives birth, she puts her body through extreme trauma, but as we all know, mothers are superheroes!
Possible personal injury for the mother can include:
Unnecessary Hysterectomy
An unnecessary hysterectomy can have profound physical and emotional consequences for a woman. Curcio Law Group has extensive experience representing women in unnecessary hysterectomy lawsuits in Chicago, advocating for those who have undergone this significant surgical procedure due to negligence or misdiagnosis. Our experienced birth injury attorney team is dedicated to ensuring that affected women receive the justice and compensation they deserve.
Unnecessary C-Section
While C-sections can be life-saving, unnecessary C-sections pose risks and can lead to complications. Curcio Law Group addresses cases where C-sections were performed without valid reasons for emergency C-section, providing legal representation to mothers who have suffered as a result of such medical decisions, ensuring their rights are protected.
Nerve Damage After Childbirth
Nerve damage following childbirth, including spinal cord injuries from epidurals or nerve damage in the birth canal area, can significantly impact a mother’s quality of life. At Curcio Law Group, our Chicago birth injury attorney team understands the long-term effects of such birth injuries and offers legal support to mothers experiencing nerve damage due to malpractice during childbirth.
Our Chicago spinal cord lawyers have extensive experience in this area.
Uterine Rupture
Uterine rupture is a serious and life-threatening condition that can occur during childbirth. Our Chicago uterine rupture attorney team at Curcio Law Group is experienced in handling cases where the uterine rupture has resulted from medical negligence, such as improper use of labor-inducing drugs or failure to monitor a high-risk pregnancy adequately. Our experienced birth injury attorney team is committed to securing the compensation and care needed for the recovery and well-being of affected mothers.
Common Causes of Birth Injuries in Illinois
In Illinois, common causes of birth injuries often involve complications during the labor and delivery process that can lead to severe but unfortunately common birth injuries, such as Cerebral Palsy, spinal cord injuries, and trauma to the birth canal.
Cerebral Palsy may arise from oxygen deprivation or brain damage during the labor and delivery process, profoundly affecting a child’s motor skills and physical development. Spinal cord injuries in newborns can occur due to excessive force or improper use of delivery tools, leading to lifelong disabilities. Additionally, injuries to the birth canal experienced by the mother can result from overly aggressive delivery techniques or failure to perform timely interventions, such as a C-section.
These birth injuries not only have immediate impacts but can also lead to long-term health issues for both mother and child. Understanding these risks and the medical standards required to mitigate them is crucial for healthcare providers to prevent such devastating outcomes.
A medical malpractice lawsuit is the best way to hold medical professionals responsible for their negligent actions.
Chicago Birth Injury Lawsuit
Chicago birth injury lawsuits often involve complex legal and medical issues that require the experience of a seasoned Chicago medical malpractice lawyer. When birth injuries occur, it’s essential to understand the circumstances surrounding the birth injury case to determine liability as well as how to sue a hospital for negligence.
Common birth injuries include cerebral palsy, brachial plexus injuries, and conditions resulting from fetal distress. A strong attorney-client relationship is crucial in navigating birth injury cases, as they not only seek justice for the events that transpired during the child’s birth but also aim to secure a future for both the child and their family.
Compensation recovered can help cover medical bills and provide for the ongoing care of birth injury victims, ensuring they have the support needed to address the long-term impacts of their injuries.
What Can You Recover in a Chicago Birth Injury Lawsuit?
In a birth injury lawsuit, a claim can be brought on behalf of the newborn baby, child, or parents.
Economic damages include:
Medical bills and future medical expenses
Lost services and lost earnings
Caretaking expenses
Non-economic damages include:
Shortened life expectancy due to the child’s injury
Disability
Loss of everyday life that the parents and child suffer from
Increased risk of future harm or wrongful death
Both physical and mental pain and suffering
A Chicago emotional distress lawyer can show you how to calculate the pain and suffering damages and help you calculate lost wages. We base our determination on medical records and life-care planning experts.
In some cases, we may seek punitive damages in your birth injury claim if the evidence indicates to us that your child’s injury or birth defects were a direct result of willful or wanton conduct by the medical professional.
And, if your child died as a result of a birth injury, an experienced Chicago wrongful death attorney from our team will file a separate set of damages in a wrongful death claim.
Chicago Birth Injury Settlements and Verdicts
The Curcio & Casciato have an extensive background in handling birth injury claims and birth trauma lawsuits. Our Chicago birth injury attorneys have secured several settlements and favorable verdicts on behalf of children and their families in the Chicago area.
$5,000,000 Birth Injury Settlement for a family whose treating physicians failed to properly diagnose and treat the mother, causing the child to be born with significant birth defects.
$3,500,000 Birth Injury Settlement for a family whose attending physicians failed to diagnose and treat signs of fetal distress that caused the child to have a permanent brain injury that decreased life expectancy.
$4,500,000 Birth Injury Settlement for a family whose attending physician failed to diagnose and treat fetal distress that led to a severe learning disability stemming from a birth defect.
$5,000,000 Birth Injury Settlement for a family whose midwife failed to order a non-stress test and doctors failed to respond promptly. The night before the trial, Joseph R. Curcio negotiated the settlement.
We understand the factual issues involved with birth injury lawsuits. Our experiences give us insight into how common birth injuries affect children in the present and will continue to affect them in the future.
Furthermore, our Chicago birth injury lawyers understand the physical, emotional, and financial drain a birth injury places on the family. A child’s birth should be a time of joy, and when medical professionals strip that away, that is an experience that a family can never get back.
Trust that we consider this, on top of all the economic and non-economic damages, we hold medical professionals responsible for medical negligence.
How a Chicago Birth Injury Attorney Can Help
At Curcio & Casciato, we provide free, no-obligation consultations. You’ll meet with an experienced birth injury attorney, either in our office or wherever is most comfortable for you. Our consultations are confidential.
If we believe that you have a birth injury claim, our Chicago birth injury lawyers will get started right away.
Our personal injury lawyers take steps to:
Investigate your birth injury claim.
Review your birth injury case with independent medical experts who can help determine whether a medical professional failed to meet the recognized standards of care and whether or not medical malpractice occurred.
Make a demand for a birth injury settlement.
File a birth trauma or medical malpractice lawsuit if the pre-litigation settlement can’t be reached.
Take your Illinois birth injury lawsuit to trial.
Experienced Chicago Birth Injury Lawyers
If you or your child has suffered an injury during the birthing process, please contact a Chicago birth injury attorney at Curcio & Casciato in downtown Chicago or call 312-321-1111 and schedule a free consultation today.
