Winters Enright Salzetta
& O’Brien
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Chicago, IL 60602
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Birth Injuries Information


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Frequently Asked Questions about Birth Injuries

Q: What's the difference between a birth defect and a birth injury?

A: Birth injuries are generally caused by something that went wrong during delivery itself, while birth defects usually involve harm to a baby that arose prior to birth due to something that happened during or before the pregnancy.

Q: What kinds of situations give rise to a lawsuit for birth injuries?

A: Most of these cases occur when a doctor fails to adequately assess or respond to conditions and/or complications during a woman's pregnancy or delivery, or when a woman takes a prescription drug during pregnancy that causes harm to the baby.

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An obstetrician's improper use of medical devices (such as forceps or a vacuum) during child delivery can result in an injury to the baby that is legally avoidable under personal injury and medical malpractice laws.

Chicago Birth Injury Attorneys

The personal injury attorneys at the Chicago law firm of Winters Enright Salzetta & O'Brien represent the families of children who have been injured during childbirth. If an obstetrician or other medical professional was negligent in the proper treatment of your child, or if your child was born with a condition such as cerebral palsy, brachial plexus, or Erbs palsy, you may have a case for medical malpractice. Our lawyers have had a great deal of success litigating birth injury cases for families throughout Chicagoland, the Illinois counties of Cook, Dupage, Lake, Kane, Will, McHenry, and Kankakee, and nationwide.

Birth Injuries - An Overview

When having a child, the last thing parents want or need to worry about is the possibility of their baby being harmed during the delivery. While most births go smoothly, some have complications. It is estimated that five out of every 1000 children born in the US will suffer some type of birth injury. Birth injuries can range from minor, like bruising, to a life-altering diagnosis of cerebral palsy. If your child was injured at birth, contact an attorney to learn more about your legal options. A lawyer experienced in birth injury litigation can help you understand your rights.

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Pregnancy Dos and Don'ts

Not all birth injuries or defects can be prevented, but a mother has some power to increase her chance of having a healthy baby. Many birth defects happen very early in pregnancy, sometimes before a woman even knows she is pregnant. If your child was injured at birth, consult an attorney to learn about your rights to compensation.

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Responsible Parties in Birth Injury Cases

If your child suffered a birth injury, there are several parties who may be responsible for your child's injuries, including the treating physician, assisting staff and the hospital.

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Prescription Medications

If you or a loved one is pregnant and taking prescription medication, one of the best ways to prevent a birth defect or injury to your baby is to understand the prescription process and prescriptions themselves. Prescription medications can be confusing, dangerous and expensive. If your child was injured at birth, consult an attorney to learn about your rights to compensation.

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Cerebral Palsy & Erb's Palsy

Some of the most common birth injuries are two very different conditions known as cerebral palsy and Erb's (or brachial) palsy. Cerebral and Erb's palsy are often the result of complications during child delivery itself, though cerebral palsy also can occur before or after delivery.

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