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How is a medical error determined as the cause for a birth injury?

December 16, 2014

In the United States, most pregnancies conclude with a healthy live birth. However, this is not always the case. Many infants are injured during the pregnancy or the delivery, turning the anticipation and excitement of the event into suffering. A variety of factors may be responsible for the injury, including an infection, a breech birth or a lack of oxygen. Unfortunately, a shocking number of birth injuries are caused by negligence on the part of health care providers. While medical malpractice is often difficult to pinpoint in the case of a birth injury, Chicago birth injury lawyers may be able to uncover proof of negligence.

Birth injuries often arise due to negligence

Medical professionals are legally considered negligent when they display an absence of reasonable judgment while providing care and deviation from medical standards leads to a patient injury. Even when negligence seems obvious, it is not always easy to demonstrate causation in court. There are four primary elements that must be proven to win a birth injury case, including the following:

  • The health care provider owed the patient a legal duty of care
  • The provider failed to abide by the standard of care, indicating a breach of duty
  • The injury was directly linked to the action of the provider
  • It was the breach of care that caused some kind of harm

The legal duty arises from the doctor-patient relationship, which is not difficult to establish, but carelessness or poor judgment may be more difficult to identify, as well as the direct link between the injury and the provider’s actions. Chicago birth injury lawyers recommend gathering evidence from the first indication that something may be wrong.

Health care providers should be held responsible for harm

Whether the infant sustained injury from inadequate prenatal care, the incorrect use of forceps or another source, a parent’s main concern is to find the best treatment to minimize the child’s suffering. The high costs of medical care can be devastating to a family, but Chicago birth injury lawyers may be able to help them gain compensation to mitigate the financial stress. The health care professional who harmed the baby should be held accountable for the medical error.

When an infant sustains a birth injury, the parent has legal recourse, but the window for gathering evidence and filing a lawsuit may be open only a short time. Seeking the legal advice of Chicago birth injury lawyers can provide a path forward and help to gain the compensation necessary for the child’s best chances of success.

If you have been injured in a personal injury or medical malpractice accident, do not hesitate to contact the Chicago accident and injury law firm of Cogan & Power at (312) 477-2500 to schedule a free case consultation, so that we can help you begin the process of recovery as soon as possible. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.