Birth Injuries

At the Chicago law office of Karlin, Fleisher & Falkenberg, LLC, our personal injury attorneys are particularly sensitive to cases involving birth injuries. In the field of personal injury law, birth injuries are among the most traumatic to the parents and can create a lifetime disability in the child. Our lawyers dedicate themselves to obtaining the maximum money damages to help ease the burden and ensure the highest quality of care for those injured and their families who care for them.

Standard of Care, Duty to Patient

A birth injury may be attributable to an injury to the mother, such as in a motor vehicle accident or slip and fall, but most often a birth injury is the result of medical malpractice on the part of the doctor, nurse, or other health care professional involved in the pregnancy, labor or delivery. The doctor may fail to notice a complication at any stage of the pregnancy, or mishandle the infant during delivery. Defective products such as defective medical devices or dangerous drugs may also play a role, giving rise to a products liability claim against the pharmaceutical company or product manufacturer.

In the case of medical malpractice, the doctor owes a duty to the patient to act with the care and competence reasonably expected of a similarly-trained medical professional. This duty may be owed to both the mother and the child. The health of both mother and fetus should be carefully monitored throughout the pregnancy, not just during labor and delivery. The mother should be monitored for weight gain and maternal diabetes, also known as gestational diabetes. It is incumbent on the doctor to know the mother's medical history, including any history of prior difficult pregnancies. Genetic counseling may also be in order, where family history or testing indicates a probability of debilitating or even fatal diseases for the baby. The developing fetus should be monitored as well, through ultrasounds, fetal heart monitoring and other measures which may reveal complications or fetal distress, such as acidic blood suggesting a lack of oxygen to the fetus, which could indicate an umbilical cord strangulation or other problem.

Causes and Types of Birth Injuries

The risk of birth trauma is especially high in the case of a large baby, which may be diagnosed through ultrasound and monitoring the mother for diabetes. A long pregnancy or period of labor and the use of an epidural or inducement of labor through Pitocin can all raise the risk of birth trauma. The improper use of forceps, vacuum extractors or other medical instruments are also likely to cause a birth injury. Also, there are times when a cesarean birth is necessary for the life or health of the mother or child, such as in the case of fetal bleeding, placenta previa, or placental abruption. A delay in performing the c-section, or failing to perform a cesarean at all and opting for vaginal delivery, may be malpractice leading to birth injury.

Some of the most common and serious birth injuries include the following:

• Cerebral Palsy - most often derives from a lack of oxygen to the brain (hypoxia, anoxia)
• Shoulder Dystocia - also known as Erb's palsy, Klumpke's palsy, or brachial plexus injury; results from stress or trauma to the shoulders, such as impacting on the mother's pubic bone or too much pressure; causes stretching or tearing of the peripheral nerves which can lead to permanent paralysis in the hands and arms
• Clavicle Fracture - the collarbone may break during a difficult vaginal delivery if care is not taken to prevent the fracture from occurring
• Facial Paralysis - pressure on the facial nerve (seventh cranial nerve) during delivery can cause permanent paralysis; may be caused by the improper use of forceps or other mishandling
• Peritonitis or Pneumonitis - caused when the fetus has a bowel movement in the womb and meconium is leaked into the amniotic sac and possibly aspirated by the fetus; a stressful or long delivery can cause this to happen
• Brain damage - brain injury can occur from a prolonged lack of oxygen, which can be the result of umbilical cord strangulation around the neck, a prolonged time in the birth canal, and other factors

Seek Experienced Legal Representation

Our lawyers have decades of experience in personal injury law and extensive experience in cases involving birth injuries, achieving awards in excess of one million dollars to help with the costs, pain and trauma of these tragic events. We are committed to obtaining the maximum money damages our clients need and deserve. If you or your child were injured during pregnancy, labor or childbirth due to negligence, incompetence or other misconduct, contact the personal injury lawyers at Karlin, Fleisher & Falkenberg, LLC for a free consultation at our Chicago law office.