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Birth Injury FAQ

Influential & Dedicated Medical Malpractice Attorneys for Chicago

Power, Rogers & Smith, L.L.P. has several lawyers based out of Chicago, Illinois, providing legal counsel to families whose children have suffered birth injuries. Below are answers to common questions that potential plaintiffs ask our Illinois lawyers relating to birth injuries, birth defects, and birth-related traumatic brain injuries. For more information or to schedule a free case review, please call our Chicago office today at (312) 313-0202.

What is a birth injury?

Birth injuries can be caused by malpractice and negligence of the medical staff, doctors, nurses, and/or midwives. A brain injury can occur during pregnancy, labor, delivery, or immediately after the birth of a baby. If a medical professional is careless, makes a mistake, or fails to act in a medically accepted manner, a baby could suffer a birth injury or even die as a result. Our Chicago birth injury lawyers can help you assess your case and pursue justice.

Who can be responsible for my child's birth defects?

The hospital, the doctor, the nurse or the midwife could be responsible for your baby's birth defect if they did not act in a professionally accepted manner when monitoring your pregnancy or delivering your child.

What is a traumatic brain injury (TBI)?

The nerve cells in the brain can pull apart, tear and stretch when the head is hit with a significant physical force. When this happens, their ability to relay messaged between different parts of the brain can be severely impeded, and sometimes prevented altogether. The damage happens when the brain violently and suddenly slams against the inside of the skull, causing what is commonly referred to as a traumatic brain injury (TBI). These types of injuries can be caused by an impact with a falling or flying object, the ground, a windshield or even striking the ground. Injuries to brain cells can interfere with the brain’s ability to process information related to coordinating and controlling bodily movements, seeing, remembering and thinking.

The severity damage to the brain caused by a TBI varies depending on a number of factors, including the speed at which medical treatment was administered, neurological complications, the number of head injuries the patient has suffered and the degree of force.

Why is it possible for the same apparent level of brain injury in two different persons to produce very different degrees of impairment?

Just as no two people are alike, no two brains are alike. Brain injury manifests itself differently depending on a host of factors such as intellectual capacity, physical health, age, emotional stability or instability, attitudes toward illness and health, concurrent (non-brain) injuries, quality of immediate medical attention following an injury, psychological adjustment or maladjustment, and dozens of other factors. Also, just as the kinds and amount of physical injury (broken bones, soft tissue contusions, or lacerations) vary among individuals involved in accidents, so do the amount and kind of head rotation, impact speed, and other factors that contribute to the degree of injury.

Can birth injury cause autism?

Yes. Research and on-going studies have shown the existence of a direct link between Autism and birth injuries. Studies have shown that approximately 80% of children with Autism or attention deficit disorders are those who have experienced birth injuries. The most common injuries have occurred during labor and delivery, where the nervous system may be damaged. Other studies have shown that oxygen deprivation during labor or delivery may lead to Autism.

  • Experience

    Since 1993 when we first opened the doors of our law practice, Power Rogers & Smith has handled some of the largest personal injury cases for plaintiffs in the state of Illinois – and won. With our experience, we aren’t afraid to stand up to large corporations and insurance companies in court.

  • Success

    Power Rogers & Smith has won more than $4 billion in verdicts and settlements for its clients – that’s $900 million more than our closest competitor since 2000. These results include many record-setting and regulation-changing outcomes as well, including a $100 million settlement for victims of a trucking accident – Illinois’ largest injury award to a single family.

  • Contingency Fee

    Victims of tragic and life-altering accidents are suffering – physically, emotionally, and financially. We take the financial burden off victims by working on a contingent fee. This means that you do not pay unless/until we secure a financial recovery for you. You focus on healing. We’ll take care of the rest.

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