Birth Injuries and the Law
Birth injuries are usually caused by something that goes wrong during delivery. Most situations involving either injuries due to prenatal care (including prescription drugs) or the doctor’s inability to asses or respond to conditions. In the event prescription drugs are taken under the guidance and supervision of a doctor or pharmacist, a lawsuit may be brought against the drug manufacturer and the pharmacist who assisted with the prescription. A lawsuit that is brought as a result of improper use of medical devices will usually include a medical malpractice claim against the practitioners involved, and in some cases, the hospital where the treatment took place.
It is estimated that five out of 1000 babies are injured during birth. Some birth injuries are unavoidable which results in not every lawsuit being successful. It must be determined whether the actions of the doctors or other practitioners that were involved in the injury were within the standard of care. The damages awarded in a successful lawsuit will usually go to the child. In some cases, the parents may also receive compensation for emotional distress. A lawsuit for birth injury is best handled by an experienced attorney.
If you are the parent or guardian of a child that suffered an injury or possibly permanent brain damage during labor or delivery, you need a legal representative who will fight for your baby’s rights. Call The Horwitz Law Group at (312) 641-9200 to speak with an experienced Chicago birth injury lawyer now.