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How to File a Birth Injury Lawsuit in Kane County

Published on October 7th, 2024

The birth of a child should be a joyous occasion, but for some families in Kane County, the experience is marred by preventable birth injuries. A recent study found that nearly 7 out of every 1,000 births in the United States involve a birth injury, with many cases attributed to medical negligence. If your child has suffered a birth injury due to the actions or inactions of healthcare providers, you may be considering filing a lawsuit. This guide will walk you through the process and explain how Block Law can help you seek justice for your family.

Understanding Birth Injuries

Birth injuries encompass a wide range of physical and cognitive impairments that occur during labor, delivery, or shortly after birth. Some common types of birth injuries include:

  1. Cerebral palsy
  2. Brachial plexus injuries (Erb’s palsy or Klumpke’s palsy)
  3. Hypoxic-ischemic encephalopathy (HIE)
  4. Fractures or lacerations
  5. Spinal cord injuries

These injuries can be caused by various factors, such as improper delivery techniques, failure to monitor the baby’s vital signs, or delayed response to fetal distress. Birth injuries can have both short-term and long-term effects on the child and family, including extensive medical expenses, ongoing therapy and care, and emotional trauma.

Determining If You Have a Case

Not all birth injuries are the result of medical negligence. To have a valid birth injury lawsuit, you must demonstrate that the healthcare providers involved in your child’s birth deviated from the accepted standard of care and that this deviation directly caused your child’s injuries.

To determine if you have a case, consider the following:

  1. Identifying medical negligence: Look for signs such as failure to perform necessary tests, misinterpretation of test results, improper use of delivery tools, or delayed response to complications.
  2. Gathering evidence: Collect medical records, witness statements, and expert opinions that support your claim of negligence.
  3. Statute of limitations: In Illinois, the statute of limitations for filing a birth injury lawsuit is generally 8 years from the date of the injury or until the child’s 22nd birthday, whichever is later.

Steps to File a Birth Injury Lawsuit

If you believe you have a valid birth injury case, follow these steps to file a lawsuit:

  1. Consult with an experienced birth injury attorney: Look for a law firm with a proven track record of success in handling birth injury cases in Kane County, such as Block Law.
  2. Investigation and case evaluation: Your attorney will review your case, gather additional evidence, and consult with medical experts to assess the strength of your claim.
  3. Filing the complaint and serving the defendants: Once your attorney determines you have a strong case, they will file a complaint with the court and serve the defendants (the healthcare providers and/or hospital) with the lawsuit.
  4. Discovery and negotiations: Both sides will exchange information and evidence during the discovery process. Your attorney will negotiate with the defendants’ lawyers to attempt to reach a settlement.
  5. Trial or settlement: If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will determine the outcome. However, many birth injury cases are resolved through settlements before trial.

Compensation in Birth Injury Cases

If your birth injury lawsuit is successful, you may be entitled to various types of compensation, including:

  1. Medical expenses (past and future)
  2. Therapy and rehabilitation costs
  3. Home and vehicle modifications
  4. Special education expenses
  5. Lost wages (if a parent must leave work to care for the child)
  6. Pain and suffering
  7. Emotional distress

The value of a birth injury claim depends on several factors, such as the severity of the injury, the extent of the negligence, and the long-term impact on the child and family. In recent years, Kane County has seen birth injury settlements and verdicts ranging from several hundred thousand to millions of dollars.

How Block Law Can Help

At Block, Klukas, Manzella & Shell, P.C. (Block Law), we understand the devastating impact of birth injuries on families in Kane County and Naperville. Our team of experienced birth injury attorneys is dedicated to fighting for the rights of affected families and holding negligent healthcare providers accountable.

When you work with Block Law, you benefit from:

  1. Our expertise in handling birth injury cases in Kane County and the surrounding areas
  2. Our commitment to providing compassionate, personalized legal representation
  3. Our network of medical experts who can testify on your behalf and strengthen your case
  4. Our proven track record of securing significant settlements and verdicts for our clients

Filing a birth injury lawsuit in Kane County can be a complex and emotional process, but you don’t have to face it alone. At Block Law, we are here to guide you through every step of the journey and fight tirelessly to secure the compensation your family deserves. If your child has suffered a birth injury due to medical negligence, contact us today to schedule a free consultation and learn more about your legal options.

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