Birth Injuries

Birth injuries are the stuff of parents’ nightmares. They turn what should be a joyous experience into what could easily be a lifetime of trying and expensive medical issues. If you or your loved one has suffered from this awful experience, The Law Offices of Haytham Faraj can help you.

Birth injuries are the stuff of parents’ nightmares. They turn what should be a joyous experience into what could easily be a lifetime of trying and expensive medical issues. When you find out you are having a baby, you are filled with joyous anticipation. You ensure that you do your utmost to enjoy the waiting period while ensuring that everything is in place for the safe arrival of the baby.

It can therefore be very grievous when, after all preparations and safe practices, your baby suffers an injury during birth due to the negligent or malicious actions of the team responsible for the delivery. Certain birth injuries are severe enough that the baby’s life is forever altered, and by extension, yours too. This is to say nothing of the medical costs, the loss of income arising from your inability to work as you care for the baby, or the emotional trauma you and your family will experience.

As a parent, experiencing a birth injury to your child is one of the hardest things ever. But you should know that the law allows you to pursue the responsible parties for their negligent acts and hold them responsible. With the services of a competent and experienced birth injury lawyer, you can receive the compensation that helps correct the injustice done to you and allows your child to attain a full recovery. 

At The Law Offices of Haytham Faraj, we understand the pain and disappointment of a birth injury, and have helped many aggrieved parents find justice. We know how you are hurting, and understand what to do in order to secure compensation for the wrong done to you. If your child was a victim of a birth injury, reach out to us today at 312-635-0800 (Chicago) or 323-902-0730 (Los Angeles) for a free initial consultation. Our attorneys will review your case and advise you on your legal options.

What Are Birth Injuries?

Birth injuries are those sustained by an infant during labor, delivery, or after delivery. Often, these injuries occur as a result of misdiagnosis, mistreatment, or complications during labor which were made possible to misconduct on the part of healthcare professionals. 

Birth injuries should not be mistaken for birth defects. Birth defects happen during a mother's pregnancy, and are typically congenital. This means they are genetic in nature and are essentially blame-free. Birth injuries happen during the labor and delivery process, and typically result in some form of injury or disability to an otherwise healthy baby.

According to the Agency for Healthcare Research and Quality, nearly 157,700 injuries to babies and mothers could have been prevented. Five out of every 1,000 babies born in the US are estimated to suffer some type of birth injury. This brings forcibly to the fore, the harsh realities of medical malpractice in the United States. 

If your baby suffered birth injuries as a result of the conduct of the team responsible for its birth, you may be legally entitled to seek compensation for your baby’s injuries. Reach out to us at The Law Offices of Haytham Faraj and let us get you the compensation you deserve.

We have been securing justice for our clients for over 25 years, and deeply understand the personal injury laws, including laws regarding birth injury claims. If you and your family have suffered heartache due to the acts of negligent healthcare personnel, call us for help today. 

Common Types of Birth Injuries

Birth injuries range from mild, to life-threatening, to life-altering. Some of these injuries can be treated easily, while others will need to be managed for as long as the child lives. Some, however, can result in the death of the baby. The most common types of injuries a baby can sustain are: 

• Collarbone or clavicle fracture
• Broken or fractured limbs
• Oxygen deprivation during delivery leading to brain damage (perinatal asphyxia)
• Erb’s palsy or Klumpke’s palsy, which results from damage to the nerves in the neck and shoulder area
• Injuries to the spinal cord
• Facial nerve injuries
• Cerebral palsy, a group of disorders that affect balance, movement, and muscle tone.
• Bleeding under the bones of the skull
• Fetal stroke
• Bruising or swelling of the head
• Seizures
• Fractures to the skull

Because giving birth is not an exact science in itself, some injuries may be unavoidable. However, there are times when an injury to a baby could have been avoided if the health professional at the birthing had taken adequate steps to prevent it. 

If your baby suffered any of the above symptoms after birth, schedule a free and confidential consultation with us. During the consultation, we will listen to the facts of your case and together, chart a course of action best suited for you. 

Common Causes of Birth Injuries

Generally, birth injuries occur due to avoidable errors on the part of healthcare professionals. These range over varying types of bad calls, including errors of judgment regarding procedures, poor or improper execution of medical procedures, or simply allowing unqualified or inexperienced people attend the birth. Birth injuries typically happen in the following circumstances:

• Attempting to have a normal vaginal delivery (NVD) for a baby who is too large for its mother’s pelvis
• Abnormal positioning of the baby towards the birth canal e.g. feet first, or face first, or shoulder first
• The improper use of forceps or vacuum extractors during a difficult delivery. This increases the chances of a baby suffering injuries such as cerebral palsy.  
• Where the baby is born prematurely i.e. before thirty-seven weeks
• Where labor was induced by the doctor with drugs such as misoprostol or oxytocin
• Delaying or refusing to perform Cesarean section when it was necessary to do so
• Failure to diagnose medical conditions in either the mother or the baby or both.
• Failure to detect fetal distress either during the delivery or before e.g. fetal tachycardia, where the baby’s heart rate is faster than normal.

Advancements in medical technology have made it possible to navigate the process of delivering a baby with relative ease. Therefore, when birth injuries occur, it is important to understand what went wrong and why it did. 

How Our Birth Injury Lawyers Can Help With Filing a Birth Injury Claim

When you contact our attorneys about a birth injury complaint, our first step will be to listen carefully to your story. We will then take the following steps to help you determine if a claim is viable, how to set up your claim, and proceed to pursue compensation on your behalf. 

• Investigate your case: To properly investigate your case, it may be necessary for you to sign a release that allows us to ask questions and access your medical records for the period of your pregnancy through delivery and postnatal care. In addition to this, we will also search for witnesses who can testify on how the injury occurred.

• Review your case with experts: We will work with independent medical experts who will review your case and help us determine whether your baby’s injuries were caused by the negligence of a health professional. They will, after reviewing the specifics of your case, determine whether the team responsible for your baby’s birth failed to meet the acceptable standard of care. 

• Determining damages and making a settlement demand: After a thorough review of the specifics of your case, we will determine how much damages to demand on your behalf. Then, we will make the demand from the health practitioners or their employer, through the relevant insurance company. This part of the process is typically tricky as insurance companies are not eager to pay out on claims. They may try to avoid paying out the claim if they can. If they find that they cannot they may attempt to undervalue your claim. However, we are more than a match for any insurance company and we will ensure that they do not make light of your pain and suffering. 

• File a birth injury lawsuit: If we do not reach a satisfactory settlement out of court, we will explore the merits of filing a lawsuit with the court and beginning discovery in your case. However, we will not stop settlement discussions yet and if the insurance company accedes to our demand, we will stop the lawsuit. 

• Go to trial: Where we are unable to reach an acceptable settlement, or if the defendants choose to contest liability and/or damages, we are not afraid to take your case to trial. Attorney Haytham Faraj, has developed a national reputation as an aggressive, unyielding, seasoned trial lawyer with an unparalleled record of jury and bench trial victories. He will not back down until he gets the results you deserve.

Compensation to Expect in a Birth Injury Claim

Birth injury claims typically involve large compensation amounts due to the higher standard of care in these cases. The vast majority of medical personnel are absolutely professional and dedicated to their jobs. But those who fail to treat their duties with absolute commitment may attract liability in significant settlement sums. 

The compensation available in these cases will primarily include reimbursement for medical costs relating to the birth injury – past, present, and future. This will include costs for medications, hospital visits, and any other medical care that was deemed necessary. Other costs for which compensation may be available include: 

• Costs of specialized care if the injuries made that necessary
• Costs of changing the lay of your home if the injuries made that necessary e.g. installing a hospice or putting up a ramp
• Lost income
• Shortened life expectancy or loss of quality of life
• Emotional pain and suffering

Contact Our Birth Injury Attorneys for Help

If your child or ward suffered a birth injury due to medical negligence or malpractice, we want to help you fight for justice. Reach out to The Law Offices of Haytham Faraj today at 312-635-0800 (Chicago) or 323-902-0730 (Los Angeles) or schedule a free consultation through our contact page and let us get started on getting justice for you.