Our Chicago Lawyers Aggressively Advocate For Our Clients

And Seek Justice For Their Injuries

Michael Kosner and Jay Paul Deratany

Birth Injury Claims: Your Path To Justice

At Deratany & Kosner, our experienced Chicago attorneys are here to provide unwavering support for victims and their families. A birth injury can bring lifelong physical and mental challenges, even though most births occur in a hospital with medical professionals. These injuries are often a result of medical negligence or error, leading to conditions like cerebral palsy, oxygen deprivation, Erb’s palsy, Klumpke’s palsy and brachial plexus injuries.

Types Of Birth Injuries

Birth injuries can leave you and your family frustrated and struggling. Unfortunately, with so many things going on during birth, there are many types of birth injuries. We can help you through a variety of injuries, including:

  • Negligence during pregnancy: Negligence during pregnancy can lead to severe medical conditions, including excessive vaginal bleeding, placental abruption, gestational diabetes, excessively long labor and maternal hemorrhage.
  • Negligence during childbirth: Complications during labor and delivery can result in various health problems for newborns. Birth injuries are often caused by operative deliveries and may involve oxygen deprivation, mechanical trauma, mistakes by delivery team members or improper prenatal testing.
  • Cerebral palsy: Cerebral palsy, often due to head trauma during birth, affects motor coordination. It can result from premature birth or hypoxia during childbirth, leading to symptoms like facial tics, muscle spasms and posture problems.
  • Erb’s palsy: Erb’s palsy is nerve damage from brachial plexus injury, usually due to a baby’s shoulder getting stuck behind the mother’s pelvic bone. It can cause partial paralysis in the arm.
  • Shoulder dystocia: This condition occurs when a baby’s head is out, but the shoulders are trapped inside the mother’s pelvis. It may lead to nerve damage, paralysis, oxygen deprivation or even death.
  • Birth hypoxia and brain damage: Injuries during childbirth can jeopardize a child’s quality of life, impacting mobility, brain function and neurological development. Long-term complications often require therapy and surgery.
  • C-section injuries: C-sections, when not performed correctly or unnecessarily, can lead to birth injuries for both the mother and child, including internal organ damage and infections.

Medical negligence, mismanagement of high-risk births, failure to diagnose conditions or mistakes made during delivery can lead to birth injuries. Failure to order necessary tests or manage complications correctly can also result in severe medical conditions.

Common Causes Of Birth Injuries

Birth injuries can occur due to various factors, and identifying the cause is crucial in understanding how they might have been prevented or managed differently. Some common causes include:

  • Unduly prolonged labor
  • Medical negligence
  • Inadequate prenatal care
  • Untreated maternal health issues
  • Birth trauma due to force
  • Fetal positioning issues
  • Delayed C-sections
  • Oxygen deprivation

With a dedicated attorney, thorough investigations can help uncover the circumstances of negligence or oversight that contributed to the birth injury, allowing families to pursue appropriate legal recourse and seek compensation for their losses.

Why You Should Hire A Birth Injury Lawyer

When dealing with a birth injury, hiring a lawyer experienced in medical malpractice and birth injury cases is crucial for several reasons:

  • They have in-depth knowledge of the legal and medical issues involved in the case, including what it takes to determine liability, what procedures need to be followed to press a claim and the statute of limitations.
  • They handle all the legal procedures, including filing the paperwork, negotiating with the insurance companies involved and providing access to the appropriate medical experts and investigators needed for the case. They can also represent your interests in court if necessary.

Our experienced team of attorneys will leave nothing to chance, making sure that your family receives the justice and compensation deserved for the birth injury suffered.

Steps To Take When You Suspect Birth Injury Is Due To Malpractice

If you suspect that your child’s birth injury was related to malpractice, protect your interests. Seek additional medical help for your child, document everything and request copies of all the mother’s and child’s medical records during the pregnancy, delivery and after. Then, consult with a birth injury lawyer to have your claim assessed for its strengths and weaknesses and explore your options.

Having an experienced attorney by your side is crucial for understanding your legal options and advocating effectively to secure compensation.

Seeking Legal Recourse

If you or your loved one has been a victim of a birth injury, we can help you seek justice. We are dedicated to protecting the rights of injury victims against hospitals and health care providers. Contact us at 312-815-6231 or complete our online form to set up a free case consultation and discuss your legal options.

With our experienced team of attorneys by your side, you can pursue the compensation you need to ensure a better future for your family and your child. Don’t hesitate to reach out; we are here to support you on your path to justice.