Birth Injury FAQs

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Our Experienced Birth Injury Lawyers Discuss the Most Common Questions

If you or your baby has been harmed due to medical malpractice, our dedicated birth injury lawyers can help you find out what happened and hold the responsible party accountable. Goldberg & Schulkin Law Offices has been a powerful voice for medical malpractice victims in Chicago, Milwaukee, and beyond for over 45 years now and can get your family the compensation you need and deserve. Learn how an experienced birth injury attorney can help you. We have offices conveniently located in Chicago, IL and Milwaukee, WI – but our dedicated legal team represents clients from all over the country. Contact us today for your free and confidential case consultation.

The birth of your baby is supposed to be one of the happiest days of your life, which is why it’s so heartbreaking when an irresponsible doctor, nurse, surgeon, or other medical professional causes your infant to suffer harm.

Through no fault of your own, you and your baby may face a lifetime of hurdles and a financial burden that severely impacts your way of life. That’s why you need our caring and compassionate birth injury lawyers to help you pursue a medical malpractice lawsuit.

Our experienced legal team can get you the highest amount of compensation possible and deliver justice to your family so that your needs are met now and in the future.

If you were injured because of someone else’s negligence, call the injury lawyers at Goldberg & Schulkin Law Offices for a free, no-obligation consultation. 312-236-4146.

When your baby has a birth injury such as cerebral palsy, you probably have more questions than answers. That’s why the birth injury attorneys from our offices in Chicago, IL and Milwaukee, WI have come up with answers to a list of frequently asked questions families have after learning their child has suffered a birth injury.

Read the answers to these questions, but if you need more answers or want to discuss your legal options, schedule a free and confidential case consultation with our dedicated legal team as soon as possible. The sooner we can get started on your case the sooner we can help your family get justice.

What is a birth injury?
What is a birth injury?

A birth injury is any injury sustained by an infant before, during, or immediately after labor or delivery. Negligence or medical malpractice by a doctor, nurse, physician, surgeon, or another medical professional can result in a baby suffering a birth injury.

What steps should parents take after a birth injury?
What steps should parents take after a birth injury?

The most important action is to seek the best medical care as soon as possible in order to minimize the extent of injury if possible. Once that is done you should contact an experienced medical malpractice attorney who can get the records, review the case and bring in experts to assist. As in any matter, the sooner one gets started the better the result. Evidence can get lost and memories fade. Photographs and videos of your child in the hospital are also vital to proving what was happening at various times during the immediate period and also as the child grows.

How can I tell if my kids injury was caused by medical malpractice?
How can I tell if my kids injury was caused by medical malpractice?

The reality is you probably can’t. You need an experienced attorney to get the records and find an appropriate expert. One might think the injury occurred during birth when in reality it occurred following birth in the nursery. Only a thorough investigation of all related materials will prove the correct answer to the question.

What is needed to make a medical malpractice claim?
What is needed to make a medical malpractice claim?

To establish a claim one must show an injury that occurred as a result of the doctor or nurse deviating from reasonable care while providing services. Normally one must have an expert witness that is willing to testify the caregiver's actions caused the injury or failed to take the necessary steps to avoid the injury. Sometimes injuries cannot be avoided and a bad result occurs because of the natural progression of a condition. To have a malpractice claim one must show the injury was avoidable if the caregiver complied with reasonable medical/nursing practices.

Can inducing labor cause a birth injury?
Can inducing labor cause a birth injury?

Generally inducing labor is safe if done at the correct time for a reasonable reason and with normal labor monitoring. The doctors should have a good idea as to the gestational age and be able to have continuous electronic fetal monitoring to evaluate the current fetal status. Problems can arise as in any normal labor and careful knowledgeable management is always needed.

What is a birth injury?

A birth injury is any injury sustained by an infant before, during, or immediately after labor or delivery. Negligence or medical malpractice by a doctor, nurse, physician, surgeon, or another medical professional can result in a baby suffering a birth injury.

What steps should parents take after a birth injury?

The most important action is to seek the best medical care as soon as possible in order to minimize the extent of injury if possible. Once that is done you should contact an experienced medical malpractice attorney who can get the records, review the case and bring in experts to assist. As in any matter, the sooner one gets started the better the result. Evidence can get lost and memories fade. Photographs and videos of your child in the hospital are also vital to proving what was happening at various times during the immediate period and also as the child grows.

How can I tell if my kids injury was caused by medical malpractice?

The reality is you probably can’t. You need an experienced attorney to get the records and find an appropriate expert. One might think the injury occurred during birth when in reality it occurred following birth in the nursery. Only a thorough investigation of all related materials will prove the correct answer to the question.

What is needed to make a medical malpractice claim?

To establish a claim one must show an injury that occurred as a result of the doctor or nurse deviating from reasonable care while providing services. Normally one must have an expert witness that is willing to testify the caregiver's actions caused the injury or failed to take the necessary steps to avoid the injury. Sometimes injuries cannot be avoided and a bad result occurs because of the natural progression of a condition. To have a malpractice claim one must show the injury was avoidable if the caregiver complied with reasonable medical/nursing practices.

Can inducing labor cause a birth injury?

Generally inducing labor is safe if done at the correct time for a reasonable reason and with normal labor monitoring. The doctors should have a good idea as to the gestational age and be able to have continuous electronic fetal monitoring to evaluate the current fetal status. Problems can arise as in any normal labor and careful knowledgeable management is always needed.

What are common birth injuries?

Common birth injuries include:

  • Brain injuries, including Hypoxic Ischemic Encephalopathy (“HIE”, caused by a lack of sufficient oxygen and/or blood flow to the brain) and Cerebral Palsy
  • Brachial Plexus Injuries (Erb’s Palsy)
  • Spinal cord injuries
  • Bleeding/blood problems
  • Death

Whether your baby suffered a birth injury due to medical malpractice by a doctor, nurse, or another health professional, it’s important to remember that you and your child have rights. Contact a birth injury attorney from Goldberg & Schulkin Law Offices immediately. We have offices conveniently located in Chicago, IL and Milwaukee, WI, and serve clients from all over the country.

What causes cerebral palsy?

Cerebral palsy is a type of brain injury that results in a muscle control disorder that can be caused by problems during labor and delivery.

Cerebral palsy can be caused by medical malpractice or doctor negligence, such as failure to recognize signs of fetal distress, leaving the infant in the birth canal for too long, improper vacuum extraction, improper use of forceps, failure to offer and perform a timely c-section, improper fetal heart rate monitoring, failure to timely treat a prolapsed cord, and many other medical problems.

What are the signs of cerebral palsy?

Some of the most common signs and symptoms of cerebral palsy include:

  • Floppy at birth and experiencing breathing problems
  • Muscle spasms/stiff muscles
  • Lack of muscle control, poor reflexes, bad posture
  • Feeding disorders and swallowing problems (dysphagia)
  • Inability to hold their head up on their own, whether lying on their stomach or in a supported sitting position
  • Using just one side of their body, closing one hand into a fist, or favoring one hand over the other
  • Developmental delays/failure to meet milestones such as rolling over, sitting up, crawling, or smiling
  • Difficulty walking

Whether your baby suffered a birth injury due to medical malpractice by a doctor, nurse, or another health professional, it’s important to remember that you and your child have rights. Contact a birth injury attorney from Goldberg & Schulkin Law Offices immediately. We have offices conveniently located in Chicago, IL and Milwaukee, WI, and serve clients from all over the country.

Free Consultation: 312-236-4146
They are very knowledgeable, they know who to use as expert witnesses.
~ Angela L.

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Whether your baby suffered a birth injury due to medical malpractice by a doctor, nurse, or another health professional, it’s important to remember that you and your child have rights. Contact a birth injury attorney from Goldberg & Schulkin Law Offices immediately. We have offices conveniently located in Chicago, IL and Milwaukee, WI, and serve clients from all over the country.

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What do I do if my child has a birth injury?

If your baby suffered a birth injury due to the irresponsible actions of a medical provider, such as a doctor or nurse, you should contact an experienced birth injury lawyer as soon as possible. A good birth injury attorney will be able to collect the necessary evidence, analyze the events, obtain top experts, and build a strong case on your behalf that proves your baby’s birth injury was the result of negligence or medical malpractice. You may be entitled to compensation for:

  • All medical expenses you’ve incurred and will incur
  • Cost of future care, including physical therapy, occupational therapy, speech therapy, developmental therapy, in-home care, medications, medical devices, and equipment
  • Loss of earnings
  • Pain and suffering
  • Disability/Loss of the normal enjoyment of life
They are very knowledgeable, they know who to use as expert witnesses.
The best way to figure out your rights is to contact our caring and compassionate birth injury lawyers. Our dedicated legal team can listen to the specific details of your situation, and secure and analyze the relevant records and materials to determine whether you have a case for medical negligence.

Birth Injury Lawyers Who Get Results

No one should ever expect their baby to suffer a life-altering injury, which is one reason why most parents are left shocked and confused when their infant suffers harm due to a doctor or nurse’s negligence or medical malpractice. To make matters worse, you could find yourself in a lengthy legal battle as you try to recover the financial compensation your family desperately needs and deserves.

Let our law firm be your voice for justice. Our birth injury lawyers have the knowledge and experience to help you find out what happened and demand accountability. See what a caring and compassionate birth injury attorney from Goldberg & Schulkin Law Offices can do for you. Contact us today for your free and confidential consultation. We have offices located in Chicago, IL and Milwaukee, WI but serve clients from all over the country.