Despite today’s medical knowledge and technology, a preventable birth injury can still happen. Birth injuries can have life-altering consequences, not only for the children affected but for their parents as well.
While some birth injuries are immediately apparent, others are not. In fact, in some cases, parents may not learn that their child has a serious medical condition until months or even years after birth. This makes it important for parents not to ignore any concerns they may have as their child grows.
Once a birth injury has been diagnosed, treating and managing its effects can often be a lifelong endeavor. This is especially true with neurological disorders and birth injuries that impair a child’s cognitive development. As children grow, the effects of their birth injuries may become more pronounced; and, ultimately, they may never be able to lead what most people would describe as a normal life.
The financial costs of birth injuries can also be significant. This is true regardless of when a birth injury is diagnosed. Since conditions diagnosed months or years after birth are more likely to be neurological or cognitive in nature, this means that they are more likely to have lifelong effects—and lead to lifelong costs—as well. This includes costs such as:
With some conditions, home or vehicle modifications may also be necessary; and, long-term, birth injuries that prevent children from working in adulthood can lead to a lifetime’s worth of lost income. Parents may also lose income due to taking time off from work to care for their child. As a result, along with their physical, cognitive, and emotional effects, serious birth injuries can often have life-altering financial consequences for families as well.
With these financial and non-financial consequences in mind, it is important that parents whose children have been diagnosed with birth injuries consult with a lawyer about their legal rights. Even when a birth injury diagnosis comes months or years after birth, parents can still generally take legal action under Illinois law.
Taking legal action in this scenario usually involves filing a medical malpractice claim against the healthcare provider that is responsible for your child’s birth injury. Under Illinois law, all healthcare providers are held to a certain standard of care. If they fail to meet this standard of care—and if a preventable birth injury results—they can (and should) be held accountable for the consequences of their malpractice.
With this in mind, if your child has been diagnosed with a birth injury months or years after birth, there are some steps you will want to take promptly. These steps include:
You should collect your child’s medical records from his or her birth injury diagnosis. This includes any scans, test results, or other documentation you received from your child’s healthcare provider.
If possible, you should also collect your medical records from your child’s birth. These records will be important for determining whether your family has a medical malpractice claim. If you don’t have access to these, your lawyer will be able to help.
You should take detailed notes as well. Write down why your child’s current doctor believes your child’s condition constitutes a birth injury, and write down any concerns you remember having during your child’s birth.
Going forward, you will want to keep track of your child’s medical expenses. It will be helpful if you can document any other costs (i.e., medical equipment or prescription medications) as well.
Finally, you should talk to a birth injury lawyer about your family’s legal rights. If your family has a medical malpractice claim, an experienced lawyer will be able to work to recover financial compensation on your family’s behalf.
A birth injury diagnosis, whether it comes at birth or years later, can raise difficult questions about your child’s future and your family’s financial security. The Chicago birth injury lawyers at Coplan + Crane have the experience, resources, and dedication needed to investigate what happened, determine if medical negligence played a role, and pursue the full compensation your family may be entitled to under Illinois law.
We understand the challenges that come with caring for a child affected by a birth injury, and we are here to guide you through the legal process with clarity and compassion. Our goal is to help secure the resources your child will need, now and in the years ahead.
Call (312) 982-0588 or contact us online to schedule your FREE case evaluation with a knowledgeable Chicago birth injury lawyer. You don’t pay unless we win.
