Chicago Neonatal Stroke Birth Injury Lawsuit

Navigating the complexities of birth injuries comes with emotional and legal intricacies, something the parents of children affected by perinatal stroke know all too well. It’s estimated that perinatal strokes affect about 25 to 40 out of every 100,000 live births, highlighting the critical need for specialized legal support. [1]

In Chicago, finding legal support that specializes in fetal stroke birth injury cases is crucial for those seeking compensation and justice. Here’s how Rosenfeld Injury Lawyers can help with cases involving fetal and neonatal strokes.

What Is a Perinatal Stroke?

A perinatal stroke, which includes a fetal stroke and neonatal stroke, is a vascular injury to the developing child’s brain that occurs in the womb or in the first days of a child’s life. These strokes can be further broken down into two primary types: hemorrhagic stroke and ischemic stroke.

Hemorrhagic strokes occur when trauma leads to the rupture of brain vessels. Ischemic strokes in babies happen when the infant’s brain arteries are obstructed by a blood clot, disrupting the blood flow to brain tissue.

These conditions require careful handling and monitoring during the delivery process to prevent devastating outcomes.

The Causes and Risk Factors Associated With Perinatal Strokes

Perinatal strokes, affecting both fetuses (fetal) and newborns (neonatal), have various causes and risk factors:

• Maternal Health Conditions: Pre-existing conditions like gestational diabetes, preeclampsia, or high blood pressure can increase the risk of a neonatal stroke or a fetal stroke.

• Placental Complications: Conditions such as placental abruption can interrupt the unborn baby and its blood supply, leading to a neonatal stroke or fetal stroke. Failure to diagnose or properly treat placental issues may constitute negligence.
• Untreated Infections: Untreated infections in either the mother or baby are one of the risk factors for fetal stroke and fetal or neonatal strokes, as they can lead to inflammation and blood clot formation. These clots can impede blood flow in the brain, causing a neonatal stroke or fetal stroke and brain damage.

• Blood Disorders: Both maternal and fetal blood disorders, including clotting disorders, can elevate the risk of neonatal strokes. The lack of proper screening and treatment for these disorders during pregnancy as well as labor and delivery, may be grounds for legal action against medical personnel.
• Head Trauma and Brain Trauma: Trauma to the baby’s head during labor and delivery, resulting from pressure on the baby’s head or associated structures like the umbilical cord, placenta, or uterus, can lead to conditions that deprive the brain of oxygen.

These conditions may include blood clots and/or hemorrhage, both of which damage blood vessels and can cause hypoxic-ischemic brain injury, subsequently resulting in a fetal stroke or neonatal stroke.

• Birth Trauma: Difficult labor or delivery, including the misuse of birthing tools, excessive force by healthcare providers, or delayed cesarean sections, can result in neonatal strokes and even permanent brain damage.
• Uterine Rupture: A uterine rupture can severely affect the oxygen and nutrient supply to the fetus, increasing the risk of a fetal stroke. Inadequate response or failure to prevent a uterine rupture may lead to litigation.

Understanding these causes and risk factors is essential for parents suspecting that medical oversight or negligence played a role in their child’s brain damage.

The Consequences of Perinatal Strokes

The consequences of fetal and neonatal strokes can be profound and long-lasting, affecting not only the child’s brain but also the emotional and financial well-being of the family. Some of the key consequences include:

• Developmental Delays: Children who have experienced a fetal stroke may show delays in reaching developmental milestones such as sitting up, crawling, walking, or talking. These delays can require interventions such as physical or speech therapy to help the child catch up to their peers.
• Cerebral Palsy: Cerebral palsy is a medical condition that affects muscle control and movement. It can be caused by a neonatal stroke or a fetal stroke. This can result in permanent damage to the baby’s brain and the motor areas, leading to spasticity or stiffness in muscles, difficulty with coordination and balance, or involuntary movements. If you need help, our Chicago cerebral palsy lawyers are here for you and your family.

• Physical Disabilities: Neonatal stroke and fetal stroke can lead to physical challenges, including muscle weakness or paralysis, particularly on one side of the body.
• Cognitive Impairments: Cognitive functions, including memory, attention, and learning abilities, may be compromised as a result of a neonatal stroke or a fetal stroke.
• Epilepsy: There is an increased risk of epilepsy in children who have suffered a neonatal stroke or a fetal stroke. Managing epilepsy requires ongoing medical treatment and can impact a child’s quality of life and learning opportunities.
• Emotional and Social Challenges: Children dealing with the aftermath of a neonatal stroke or fetal stroke may encounter difficulties in social interactions and emotional regulation.

Understanding the potential long-term effects of a fetal stroke is crucial for parents and caregivers in order to seek the appropriate medical care and support services.

Can You Sue for a Perinatal Stroke?

Yes, you can sue for a neonatal stroke or a fetal stroke if there is evidence that medical malpractice contributed to the infant’s condition before, during, or immediately after birth.

A lawsuit could be based on failure to diagnose and treat prenatal conditions, mishandling of labor and delivery resulting in oxygen deprivation which caused the stroke, or improper postnatal care.

Proving Medical Negligence for a Perinatal Stroke Claim

To establish medical malpractice for a fetal stroke or a neonatal stroke claim, plaintiffs must prove the following four elements supported by evidence. An experienced Chicago medical malpractice lawyer can help gather this evidence and build a strong case for birth injury victims and their fetal stroke claims.

Duty

The healthcare provider owed a duty to the patient (in this case, the fetus or newborn baby) based on their professional role. This is usually established by the doctor-patient relationship.

Breach

The provider failed to uphold their duty by acting or failing to act in a manner consistent with medical professional standards. For example, failing to monitor the fetus’s heart rate during labor and delivery could be considered a breach.

Causation

The provider’s breach of duty directly caused harm to the patient. This is often established through expert medical testimony, which can show how a fetal stroke might have been prevented if risk factors had been considered and proper care had been provided.

Damages

The child suffered harm that can be remedied through the legal process. In the case of a neonatal stroke or a fetal stroke, this could include long-term medical expenses, pain and suffering, and future lost income as a result of permanent brain damage.

Establishing Liability for Perinatal Stroke Cases

When navigating the aftermath of fetal and neonatal strokes, identifying potential defendants and understanding their roles is crucial for birth injury victims seeking justice.

The following entities might be held accountable if your child suffered from this condition, depending on the specific circumstances leading to the stroke:

• Obstetricians: Errors made by obstetricians, such as failing to diagnose a condition in the mother or fetus that could lead to a stroke, or mishandling the delivery, can be detrimental. For instance, not recognizing signs of distress or delaying necessary interventions like a cesarean section can directly contribute to adverse outcomes.
• Hospital Facilities: The condition and operation of the hospital itself can play a significant role. Poorly maintained or malfunctioning equipment, like fetal heart rate monitors, can lead to misinterpretations of the baby’s condition. Additionally, if the hospital fails to provide adequate training for its staff or does not have proper protocols in place for emergency situations, it can be held liable for the harm.
• Nurses: Failure to adequately monitor vital signs, recognize signs of fetal distress, or communicate critical information to the attending physician can be considered negligence.
• Anesthesiologists: Incorrectly administered anesthesia can have severe repercussions, including lowering blood pressure significantly, which can compromise the oxygen and blood supply to the fetus, leading to an increased risk of a stroke.
• Pharmaceutical Companies: At times, medication prescribed during pregnancy for various conditions can have unforeseen side effects, including an elevated risk of stroke in the fetus. Pharmaceutical companies might be held accountable if they fail to disclose potential risks associated with their products or if they market drugs that are unsafe for pregnant women.

A thorough investigation of the circumstances surrounding the fetal stroke or neonatal stroke is necessary to determine all potentially liable parties.

Damages You Can Recover in a Perinatal Stroke Medical Malpractice Lawsuit

If your child suffered a neonatal stroke or a fetal stroke due to medical negligence, you may be entitled to compensation for the following damages:

• Medical Expenses: This can include costs for all medical attention, like hospital stays, surgeries, medications, rehabilitation, and any ongoing care needs. Future medical attention expenses can also be estimated and included if your child requires long-term or life-long care.
• Pain and Suffering: Compensation for the physical pain and emotional distress experienced by your child, as well as the impact on their quality of life.
• Lost Earning Capacity: If the fetal or neonatal stroke has resulted in disabilities that will limit your child’s ability to work in the future, compensation can be sought for lost earning capacity.
• Wrongful Death: In tragic circumstances where a child suffered a stroke that led to their death, wrongful death lawyers may be able to recover the following types of compensation: damages for funeral and burial expenses, loss of society and companionship, and emotional anguish.

Why You Need a Fetal Stroke or Neonatal Stroke Birth Injury Lawyer

Navigating the complexities of a fetal stroke or neonatal stroke case requires not just any lawyer, but one with specific experience in birth injuries. These cases involve understanding intricate medical processes and regulations related to labor and delivery—an area where Rosenfeld Injury Lawyers excels.

In addition to experience in birth injury law, here’s why having an attorney is critical and how Rosenfeld Injury Lawyers can help:

Evidence Collection

We meticulously gather all necessary medical records, interview witnesses, and compile relevant evidence to build a strong foundation for your case.

Consulting Experts

Our firm enlists the expertise of medical professionals who can testify regarding standard care deviations and link those to your child’s injury, providing credible grounds for your claim.

Calculating Compensation

We calculate not just immediate costs but also potential long-term expenses to ensure that any settlement or verdict reflects the full impact of the injury, including medical bills, rehabilitation costs, and non-economic damages such as pain and suffering.

Negotiating with Insurance Companies

We deal with insurance companies’ tactics to ensure you receive an appropriate amount of compensation. These large corporations are known to make every attempt to minimize your payout. Working with us levels the playing field.

Trial Representation

If a settlement cannot be reached, Rosenfeld Injury Lawyers is ready to bring your case before a jury and advocate for your rights and your child’s future at trial to seek the justice and compensation that your family deserves.

Having seasoned birth injury attorneys like Rosenfeld Injury Lawyers on your side can make a significant difference in securing justice for your child’s birth injury.

There’s Limited Time to File a Legal Claim for a Perinatal Stroke Birth Injuries Claim

The statutes of limitations set legal deadlines for filing lawsuits, which are crucial for families considering a legal claim for their child’s injuries. In Illinois, the law typically allows a period of up to two years from the date the injury was discovered or should have been discovered, to file a medical malpractice lawsuit.

However, for birth injury victims, Illinois provides an extension, permitting actions to be filed within 8 years of the child’s injury. In some cases, there are exceptions that can change the deadline, making it critical to initiate the legal process as soon as possible.

Contact an Experienced Fetal or Neonatal Stroke Birth Injury Attorney Today!

At Rosenfeld Injury Lawyers, we understand the importance of the attorney-client relationship and will do everything we can to make sure you understand what steps you need to take next.

Navigating the difficult time after neonatal stroke or fetal stroke can be complex and overwhelming, especially when dealing with the emotional stress of caring for a child with potential long-term health effects.

An experienced Chicago birth injury attorney specializing in fetal and neonatal stroke injuries from our team can provide the guidance and support you need for these catastrophic injuries. Don’t wait to seek justice and the compensation necessary for your child’s care and well-being. Contact Rosenfeld Injury Lawyers today for a free consultation.

Call us at (888) 424-5757 or reach out online.

Specific Cases We Handle

• Neonatal Meningitis Lawyer
• Newborn Jaundice Lawyer
• Nuchal Cord Injury Lawyer
• Uterine Rupture Lawyer
• Chicago Breech Baby

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Champaign, Evanston, Schaumburg and throughout Illinois.

Resources: [1] NIH

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.