Birth Defect Lawyers in Chicago

We trust that medical professionals will properly treat our conditions and respond appropriately to medical emergencies. Yet, since doctors and other medical providers are human, serious mistakes can occur. When people think of medical errors, they often think of surgical mistakes. Although it is true that many medical malpractice cases involve surgery, medical mistakes can happen in many different ways — including mistakes that occur before birth and during pregnancy. An experienced birth defect attorney in Chicago can investigate whether a birth defect or injury is the result of a medical error.

Medical malpractice relating to birth defects takes a number of forms. A mother may have negligently been prescribed a specific medication during pregnancy, unaware that it could harm her baby. A doctor may have failed to perform an ultrasound or other diagnostic test properly. Whenever a physician, specialist, anesthesiologist, or other medical professional fails to act within the accepted standard of care and harm results, a birth injury lawsuit or claim may be the best course of action.

Contact Sexner Injury Lawyers LLC now at (312) 243-9922 for a free case evaluation.

Why You Should File a Birth Defect Claim

The existence of a birth defect is a heartbreaking event for all involved. It is frightening and overwhelming for even the most steadfast family. In addition to the emotional toll, the treatment of most birth defects involves a lifetime of care and sometimes many surgeries. Receiving excellent medical assistance is never free and may cost many millions of dollars over your child's lifetime. Who should bear these costs — the family, or the medical professionals whose negligence may have contributed to the birth defect?

The answer is clear. If it can be established that a doctor or hospital was legally responsible, this financial burden should not fall on the family. To determine whether medical providers can be held accountable, a thorough investigation needs to be undertaken by knowledgeable birth defect lawyers in Chicago.

Experienced attorneys, such as the team at Sexner Injury Lawyers LLC, will generally offer this service at no cost and carefully examine the available birth records to make a determination. If a lawsuit seems like the right choice, no fees will ever be charged to the family unless we are successful in recovering financial compensation.

How Do Birth Defect Claims Work in Illinois?

Illinois has statutes of limitation — time limits — that apply to birth defect cases. If you are filing a medical malpractice case for a birth defect, it must be filed within a certain period of time from when the injury occurred, or from the date the injury was discovered if the diagnosis was not made right away. If you are filing a birth injury claim, you have a longer statute of limitations period, but any lawsuit must still be filed before the child reaches a certain age. A wrongful death case must generally be filed within two years from the date of death.

Time is therefore a critical factor when filing such a case. Once a medical diagnosis has been made, you should contact an experienced lawyer immediately, as a proper investigation will take time to complete. To file a birth defect injury case, your lawyer will need to establish:

That the baby or mother were being medically treated or under a duty of care of the defendant(s).
That the defendant(s) breached the standard of care or made a mistake while the baby or mother were under their care.
That the breach of the duty of care caused, contributed to, or worsened the birth defect.

Due to the significant amount of detail and technical knowledge required in a birth defect claim, an experienced lawyer is almost always necessary for success. There are many different types of claims, ranging from wrongful pregnancy to birth injury to medical malpractice. Every state has different deadlines, rules, and variations on the laws governing such claims. Most importantly, it takes time to investigate these serious matters — so quick action is critical.

Common Birth Defects

If your attorney can negotiate a monetary settlement or obtain a successful verdict on your family's behalf, it can help provide a lifetime of care for your child. Sexner Injury Lawyers LLC has recovered many millions of dollars for client families. We urge you to contact our team of Chicago birth defect lawyers if your child has been diagnosed with any of the following:

Phenylketonuria (PKU)

Phenylketonuria, also called PKU, is an inherited disorder that leads to a buildup of phenylalanine in the body. Phenylalanine is an amino acid that is important in small quantities but can be quite dangerous in larger amounts. While PKU is an inherited genetic disorder and does not fall under the umbrella of medical malpractice, it is still a good idea to consult a birth defect attorney in Chicago if your child has been diagnosed with it.

Neural Tube Defects

Neural tube defects are a type of birth defect that affect the brain or spinal cord. It is an umbrella term for a number of conditions, the two most common of which are spina bifida and anencephaly. Although there is no cure for neural tube defects, pregnant women should take folic acid as soon as they know they are pregnant to decrease the likelihood of their child developing a neural tube defect. Failure to take the proper amount of folic acid may be a risk factor. These types of birth defects can be identified through prenatal testing.

Heart Conditions

Several pharmaceutical medications, including Paxil, Zoloft, Wellbutrin, Prozac, and Zofran, have been linked to heart conditions in infants. Being on these drugs while pregnant is one of several heart condition risk factors. If you suspect a drug is responsible for your baby's heart condition, contact a lawyer to learn your options. Most heart conditions can be identified during pregnancy through prenatal testing.

Congenital heart defects (CHDs) are the most commonly seen birth defects. These defects affect the flow of blood in the heart and, as a result, throughout the body. CHDs range in severity and can cause many lifelong problems. Surgery is usually needed to correct a congenital heart defect. During pregnancy, medical providers should perform an echocardiogram to identify heart defects before birth. If the test is not performed or the defect is misdiagnosed as a heart murmur, the medical providers may be found liable for medical malpractice.

Contact Us

If you suspect that your child's birth defect was the result of medical negligence or the side effect of a particular drug, the best first step is a full legal evaluation of your case. At Sexner Injury Lawyers LLC, our personal injury lawyers take every client's case very seriously. We will review and evaluate your individual case at no cost to you, and then advise you of the steps we recommend moving forward. Each case is unique, so we take all the time necessary to seek answers regarding exactly how and why your child was born with a serious birth defect.

Was your baby born with a birth defect? Contact us for a free case evaluation. All such cases are taken on a contingency basis — meaning there are no legal fees unless we are successful in recovering compensation for your family. Millions have already been collected. Call (312) 243-9922 now for more information.