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What Is a Birth Injury Claim?

A birth injury refers to any injury incurred before, during,…
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A birth injury refers to any injury incurred before, during, or after the delivery process. Some of these injuries may result in physical injuries such as broken bones, facial paralysis, and more. Other birth injuries have neurological or mental implications, for instance, brachial plexus injuries that result in brain damage and spinal cord injuries.

The outcomes of a birth injury range from temporary to permanent and from mild to severe. For instance, some children will live forever with cerebral palsy, despite its varying levels of severity. Some children born with cerebral palsy may have an above-average intelligence level and only suffer from slightly impaired movement. Conversely, another child with cerebral palsy may suffer from extreme walking difficulty and cognitive impairments.

Another result of a birth injury is the development of Erb’s palsy. This type of injury often results in paralysis and the loss of feeling in one’s arm. Severe brain damage that results in seizures, developmental delay, and cognitive impairment as the child develops can also be expected.

Birth Injury Causes


Birth injuries can be caused by oxygen deprivation, shoulder dystocia, delayed birth, and medical negligence, to mention a few. One of the most common causes of birth injuries is a delayed birth which occurs when labor goes beyond 18 hours. This delay causes tension within the child’s brain, resulting in high blood pressure and fetal distress.

Oxygen deprivation is often caused by underdeveloped lungs (in a premature birth) or a prolapsed umbilical cord. What’s more, most brain injuries can be attributed to oxygen deprivation. Medical negligence occurs when your health care provider causes avoidable harm to the newborn or mother during pregnancy or the birthing process. While some of these injuries may heal over time, some of the more serious injuries may result in permanent disability.

Birth Injury Claims Explained


If you or your child has suffered a birth injury due to the negligence of the attending medical staff, you should lodge a birth injury claim. A birth injury claim seeking compensation is a legal claim that parents of children make on behalf of their child who has been harmed during the delivery process. Before proceeding with a medical malpractice lawsuit, you should have proof that the birth injury suffered was caused by medical negligence.

A medical malpractice claim for compensation may include medical bills already incurred, or future medical expenses (especially if your child will require long-term care). It may also cover medical expenses for any rehabilitation treatment, chiropractic treatment, or physical therapy that may be required, as in scoliosis treatment, for instance. A medical malpractice claim may also include the emotional distress caused by the loss of a normal life, or a diminished quality of life.

Hiring a Birth Injury Lawyer


For you to make a birth injury claim for compensation, you need to have a legal team. Your preferred attorneys should have years of experience litigating medical malpractice and birth injury cases. For the best possible outcome, your team of birth injury attorneys should also have a track record of winning claims for past clients.

Your attorneys should have practiced birth injury litigation within your state for no less than five years. The implications of this are that they will be versed with local state laws that pertain to birth injuries. What’s more, they will be well placed to offer relevant legal counsel. If the negligence occurred in a Chicago hospital, for instance, hiring a Chicago birth injury lawyer is advised and the attorneys at Schwaner Injury Law come highly recommended.

The Chicago Birth injury attorneys at Schwaner Injury Law will investigate the medical incident and assemble the relevant evidence needed to support your case and prove that the medical expert you trusted to provide a standard level of care made a medical error that quickly led to your child’s birth injury. Their team will then represent you and labor to get you fair compensation.