If your child is disabled or has been diagnosed with a condition caused by a birth injury, you should take steps to determine if it occurred due to the negligence or wanton misconduct of a healthcare practitioner or facility as a whole. If it was, you should file a medical malpractice claim in an Illinois law court. Here’s what you need to know before you proceed.
What causes birth injuries?
Thorough care must be taken before, during, or after childbirth. Because one or more of the following factors can lead to severe birth Injuries:
- Poorly managed labor and delivery
- Lack of oxygen to the brain during childbirth
- Use of forceps or vacuum during delivery
- Mismanagement of high blood pressure in the mother
Medical malpractice in Illinois
Several studies have shown that up to 80% of medical malpractice trials are lost due to weak evidence provided by the victims. To better your chances, build a strong case proving:
- That the doctor or healthcare facility owed you a duty of care: You must show that the doctor who delivered your child was your treating physician or was working in the hospital where you were a patient.
- Breach of duty of care: Prove that your doctor or hospital, in general, failed to provide standard care, which resulted in an injury.
- Proof of causation: You should show the judge that your doctor’s actions (or failure to act) caused your child’s injury and that no damages would have occurred if it were not for their negligence or wanton misconduct.
- Proof of damages: Lastly, show the damages that occurred by presenting medical records for your child’s condition or disability.
You can file a birth injury lawsuit against your doctor or medical facility within eight years of your child’s injury. And if they are disabled, this time limit can extend to when the child turns 22. This is because the law recognizes that most birth injuries are not apparent until the child is grown.