Rockford Birth Injury Lawyer

Helping Victims of Birth Injuries Recover Compensation

Rockford birth injury lawyers are crucial allies for medical malpractice claims. In 2022, there were approximately 3,289 births in Winnebago County, and sadly, not all of them went smoothly.

If a doctor’s negligence caused your child’s birth injury, you deserve justice. We can hold doctors and other medical professionals accountable for their failures, ensuring that your child’s future medical care is covered through a medical negligence claim. Contact us today for a free consultation about your legal rights.

We’ve recovered millions for medical malpractice victims, including:

$20,300,000 – Medical malpractice lawsuit for a child who suffered lifelong intellectual impairments due to birth injuries.

$18,355,000 – Hospital staff failed to induce labor despite clear fetal distress.

$5,000,000 – Lawsuit for a child who suffered from brachial plexus disorders that required surgery.

Birth Injuries and Your Legal Rights in Rockford, IL

Birth injuries are injuries caused during the labor and delivery process. They are different from birth defects, which are present before birth.

In many cases, a child’s birth injury is due to negligent medical treatment during labor, such as inappropriate use of assistive devices or failure to monitor the child’s health. Our experienced birth injury lawyers advocate for parents and their children, leveraging our experience and compassion to receive fair settlements.

We are committed to representing Rockford birth injury victims and holding negligent medical professionals accountable, whether they work at UW Health SwedishAmerican Hospital, OSF Saint Anthony Medical Center, or any other medical facility.

Common Types of Birth Injuries

Cerebral Palsy – This movement disorder can result in permanent disability, including intellectual impairments. It is often the result of oxygen deprivation during birth.

Brachial Plexus Injuries – These injuries, such as Erb’s Palsy or Klumpke’s Palsy, lead to damage in the nerves around a baby’s shoulder. This happens when the baby’s shoulder gets stuck in the birth canal. It is often associated with large birth weight due to gestational diabetes, breech position, or long labor.

Hypoxic-Ischemic Encephalopathy (HIE) – This is a brain injury resulting from a lack of oxygen or blood flow during labor. It can lead to lifelong complications like epilepsy. HIE was the focus of the court case Johnson v. Advocate Christ Hospital and Medical Center, when infant Anthony Harris suffered asphyxia due to the doctors failing to recommend a C-section in time.

Facial Paralysis – When too much pressure is placed on the face, such as negligent doctors using forceps, it can lead to paralysis of the facial nerves.

Spinal Cord Injuries – Any time that a baby is excessively pulled, twisted, or stretched, during birth, there is a risk of spinal cord damage. This can lead to paralysis and movement issues.

Bone Fractures – The most common fractures are the skull and clavicle bones, which can cause physical pain and long recovery times.

Cephalohematoma and Caput Succedaneum – These are swellings on the scalp as a result of pressure on the head during birth. While both eventually disappear, they may take a long time to recover, and they may be associated with serious brain bleeds.

How Medical Malpractice and Negligence Cause Birth Injuries

Not every child’s injuries are necessarily the result of medical malpractice, but in many cases, the injury occurred because of inappropriate medical practices. These include the following.

Failure to Monitor Fetal Distress

Emergency room physicians and labor and delivery departments must carefully monitor the fetus during birth and quickly respond to any signs of distress. When they offer substandard care, the child may suffer a brain injury due to lack of oxygen.

Improper Use of Forceps or Vacuum Extractors

Forceps and vacuum extractors can be valuable ways to deliver a baby that cannot exit the birth canal, but they must only be used when necessary. Squeezing the baby too hard with forceps can cause skull fractures, while vacuum extractions can lead to brain damage and cerebral palsy.

Delayed Cesarean Section

In some cases, a child suffered birth injuries due to doctors failing to recommend a C-section early enough. This can lead to brain damage.

Medication Errors During Labor and Delivery

Medication errors can lead to serious consequences for mothers and babies. For example, anesthesia errors can depress the baby’s heart rate and cause fetal distress, while not offering pitocin to speed up labor can cause hypoxia.

Failure to Diagnose and Treat Maternal Conditions

Medical professionals must thoroughly assess a mother’s health and take the proper interventions as soon as possible. Failure to diagnose or treat can cause serious complications for the baby during birth.

Failure to Properly Manage Shoulder Dystocia

Shoulder dystocia occurs when the baby’s shoulders get stuck in the birth canal. Failing to manage this correctly can cause brachial plexus injuries, including permanent paralysis.

How to Prove Medical Negligence in a Rockford Birth Injury Case

Our personal injury attorneys must prove liability through four elements: duty of care, breach of duty, causation, and damages. For medical malpractice, we must also demonstrate the accepted standard of care in birth cases like yours.

Duty of care means that you have an established relationship with the physician who treated you. Breach of duty means that the doctor failed to act within the standard of care for this specific type of birth. In other words, medical experts in the same circumstances would have done something differently, like administering different medications.

Causation requires us to demonstrate that the child suffered birth injuries as a direct result of the doctor’s failure to act in a manner consistent with the established standard of care. Lastly, damages mean that you suffered financial losses as a result of your birth injury claim, such as medical expenses, time off work, or out-of-pocket expenses.

Doctors, nurses, anesthesiologists, and pharmacists may all be considered liable. The hospital itself can also be held vicariously liable for the actions of negligent professionals.

In birth injury cases, we will use various information to prove negligence. This includes medical records from before and after the birth, sworn statements from those present at the birth, and expert testimony from fellow physicians. These experts can provide their professional opinions on why the birth injury happened and what could have been done to prevent it.

Potential Compensation in a Rockford Birth Injury Lawsuit

All birth injury cases are slightly different, and there is no set compensation for a birth injury claim. How much you can receive depends on several factors, including:

• Injuries Suffered – In birth injury cases that lead to permanent damage, plaintiffs often receive more.
• Degree of Liability – If there is a clear connection to substandard medical care, you are more likely to receive a settlement.
• Evidence – Strong evidence like medical records helps demonstrate that a Rockford, IL, hospital is responsible.
• Amount of Insurance Available – Medical malpractice claims often receive significant settlements because hospitals have high insurance policies.

Compensation you may receive includes:

• Medical bills
• Out-of-pocket expenses
• Future medical treatment
• Lost wages
• Loss of future income
• Burial for wrongful death
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship
• Inconvenience

Why You Need a Rockford Birth Injury Attorney

An excellent personal injury law firm is crucial to winning a birth injury lawsuit, as Rockford, IL, hospitals have expert attorneys on their side. We will thoroughly evaluate your case, including the impact of your child’s injuries on their future needs, and fight hard for fair compensation based on hard evidence.

Our Rockford medical malpractice and negligence lawyer team will compassionately guide you through the legal system, investigate the circumstances, and hold negligent doctors accountable for their failures. We ensure that you can focus on healing in comfort by speaking to third parties on your behalf.

Statute of Limitations for Birth Injury Claims in Illinois

Per 735 ILCS 5/13-212, the statute of limitations for medical negligence is 2 years after the date of injury. However, it may be up to 4 years if it can be proven that you did not know about the birth injury until later.

For birth injuries, the child may be able to bring a suit up to their 22nd birthday as per 735 ILCS 5/13-212(b). However, it’s better to act quickly in birth injury cases, as this makes it easier to prove negligence. Contact our Rockford personal injury lawyers as soon as possible to ensure that you will be able to bring a lawsuit.

Consult a Rockford Birth Injury Attorney Near You!

Our nationally recognized attorneys work on a contingency fee basis, meaning that your settlement pays our legal fees. This ensures that everyone can access world-class legal representation, no matter their income.

We offer personalized attention to all clients and are feared by insurance companies due to our aggressive representation. Through our work, we maximize compensation for children and their families, helping them heal.

To schedule a consultation with our attorneys, call us at (888) 424-5757 or use our online contact form.

⭐⭐⭐⭐⭐

Jonathan is a great lawyer and he is very intuitive and so generous and he be working for his clients’, from my own experience. He’s kind and hard working. I am very happy to have him as my lawyer and he is the best lawyer I have ever came in contact with and 100% would recommend to have him as any others lawyer in injury and or anything.

– David Carothers

Read More Google Reviews

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.