Few events in life are more traumatic to a family than a birth injury. As a parent of an injured child, you have many questions about what might have gone wrong during labor or delivery.
Our 21-year-old son who stilled lived at home was killed by a drunk driver in November of 2012 In late December, another attorney we knew recommended we contact a personal injury lawyer to see what our rights were and file a wrongful death suite I met with Patrick Salvi Sr, and right away I could see the compassion and…
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If your child has been diagnosed with a condition caused by a birth trauma, you should take steps immediately to determine whether medical malpractice played a role. The lawyers of Salvi, Schostok & Pritchard P.C. can help you to seek answers.
The reality is that doctors, nurses, midwives and other medical professionals often make preventable mistakes before, during and after a child’s delivery. Those mistakes can cause devastating birth injuries. Medical errors may disfigure a child or cause a disability that requires a lifetime of ongoing care and treatment.
For more than 30 years, our law firm has focused on helping birth injury victims and their families in Chicago and throughout Illinois. We know how to effectively investigate and litigate these highly complex cases. Above all, we are passionate about seeking justice for the families we represent.
Contact us today for a free consultation. We can review your case, answer questions about your legal rights and options and explain how our attorneys can put our skill and experience to work for you.
Salvi, Schostok & Pritchard P.C. has a deep background in handling birth trauma cases. We have secured numerous settlements and verdicts on behalf of children and their families in Chicago and many other communities in Illinois.
Our experience includes assisting families with children who suffered birth injuries before, during and after delivery, including:
$29.1 Million Verdict – We represented the family of a Chicago child who suffered profound brain damage due to his doctors’ failure to prevent an infection before the child’s birth and to promptly address the infection after it arose.
$15.35 Million Settlement – We obtained this settlement for the family of a Dekalb County child who suffered brain injuries due to errors that occurred when a doctor used a vacuum extractor device to assist in the child’s delivery.
$13.3 Million Verdict – We won this verdict on behalf of the family of a Cook County child who permanently lost use of his left arm and shoulder due to errors made by the obstetrician and nurses when the child’s shoulders became stuck during delivery.
$8.25 Million Settlement – We reached this settlement on behalf of the parents of a Chicago child who died only 40 days after his birth due to a pharmacy error that caused him to receive an excessive dose of sodium.
Our experience allows us to understand the factual and legal issues involved in these cases. It also gives us keen insight into how birth injuries affect children and their loved ones. We understand the physical, emotional and financial challenges that families face after a birth injury. We are truly committed to making our clients’ lives better.
Your case will start with a free consultation. You can meet with an attorney from Salvi, Schostok & Pritchard P.C. at our Chicago or Waukegan office or at a location that is most convenient for you, including your home. The consultation will be strictly confidential, and it will carry no obligation.
During the consultation, we can learn more about your case. For instance, we will want to know when you first suspected that a birth injury occurred. We also will want to know how the injury has impacted the life of your child and your family.
If we agree to work together, our legal team can get to work on your case right away. We will take steps that include:
When you work with Salvi, Schostok & Pritchard P.C., you will pay no costs or legal fees unless we are able to obtain a settlement or verdict on your behalf.
About three of every 100 births involve some type of serious birth injury. In some situations, “natural” circumstances can cause oxygen deprivation during the labor and delivery process. For instance, the umbilical cord may become compressed or twisted, or the baby may be too large to easily pass through the birth canal.
In many instances, birth injuries, especially to the brain, are caused by mistakes made by doctors, hospitals or other medical professionals during the delivery process.
Medical errors that can cause birth injuries include:
If any of these events occurred before, during or after your labor or your child’s delivery, medical malpractice may have played a part in your child’s birth injury.
By taking legal action, you can get the answers you deserve about what went wrong and caused your child’s birth injury as well as pursue full and fair compensation for the harm you and your child have suffered.
Additionally, a legal claim may ultimately bring attention to problems and force a hospital or individual medical professionals to make changes, which can prevent similar birth injuries from occurring in the future.
Many different types of birth injuries can cause a child to suffer permanent disfigurement or a lifetime disability. The most common birth injuries that our legal team has encountered while protecting the rights of children and their families in Illinois include:
If your child has suffered one of these injuries or any other type of birth injury, you have the right to pursue a claim against the medical professionals responsible for the harm.
In an Illinois birth injury lawsuit, claims may be brought on behalf of both the child and parents. If the child is still a minor at the time of the action, a personal representative would bring a claim on the child’s behalf.
The economic damages which could be sought include:
The non-economic damages which can be sought include:
Salvi, Schostok & Pritchard P.C. can calculate the full and fair amount that should be sought on behalf of you and your child, basing our determination on medical records and input from medical and life-care planning experts.
Additionally, we may seek punitive damage if the evidence indicates that your child’s birth injury resulted from “willful or wanton” conduct.
If your child died from a birth injury, a separate set of damages would be sought through a wrongful death claim.
A birth injury lawsuit is a type of medical malpractice claim. Generally speaking, under Illinois law, a medical malpractice lawsuit must be filed within two years after the date of the negligent act or omission that caused the injury or within two years from the date on which the injury was or reasonably should have been discovered. However, in no case can the claim be brought more than four years after the negligent act or omission.
This rule is called the statute of limitations. However, other rules may apply in your child’s case.
First, under Illinois law, if the negligent act or omission occurred when a victim was under age 18 – as in a birth injury case – then the claim would need to be filed within eight years from the date of the negligent act or omission or before the victim turns age 22.
Second, in Illinois, the statute of limitations may be “tolled” when a victim suffers from a disability. The statute of limitations will not begin to run until the disability is removed. Thus, if your child suffers from a permanent disability, it is possible that the child’s claim may never be time barred.
If you suspect that your child has suffered a birth injury, the experienced medical malpractice lawyers of Salvi, Schostok & Pritchard P.C. want to help you.
We feature offices in Chicago and Waukegan, and we work with clients throughout Illinois.
As soon as you are ready to take legal action, give us a call or reach us online. We can provide a free, confidential and immediate consultation.