Chicago is one of the largest cities in the United States. It is home to hospitals, maternity care centers and trained professionals who deliver thousands of babies every year. Although most births are safe and healthy, medical errors during pregnancy, labor or delivery can cause serious injuries that affect the baby and their family for years to come.
That’s why it’s so important to understand your legal rights after a birth injury. If your child was harmed by a preventable medical error, a Chicago birth injury attorney can help protect your family’s rights and explain what compensation is available.
Birth injury claims involve more than proving that a medical error occurred. They will also show how the injury has affected your child’s life and estimate the financial and non-financial losses as a result of the injury, both now and in the future.
Types of compensation available in a birth injury case
Compensation available in a birth injury case may include:
Medical expenses
Medical expenses are often one of the largest parts of a birth injury claim. Families can recover reasonable and necessary medical expenses related to the diagnosis and treatment of a child’s condition.
These costs may include:
- The hospital remains
- Surgery
- Visit of specialists
- Prescription drugs
- Medical equipment
- Follow-up care
For example, if a newborn child suffers brachial plexus injury during childbirth, the family may incur costs for diagnostic tests, orthopedic care, surgery and ongoing medical appointments. All of these expenses can be included in the claim when they are related to the birth injury.
Future medical care
Many birth injuries require treatment that goes well beyond childhood. Reimbursement may include the cost of future medical care that health care providers reasonably expect the child will need throughout childhood or even into adulthood.
This may include:
- Future surgeries
- Ongoing expert care
- Home health care
- Assistive devices
- Long-term medical monitoring
For example, a child diagnosed with cerebral palsy may require years of regular visits with neurologists, orthopedic specialists, and other health care providers. These anticipated costs can form a significant part of the total claim.
Rehabilitation and treatment costs
Children with birth injuries often require special treatments to improve their mobility, communication and independence. These services can last for years and represent a significant financial commitment for many families.
Compensation may include:
- Physical therapy
- Occupational therapy
- Speech therapy
- Behavior therapy
- Development Support Services
For example, a child with developmental delay due to lack of oxygen at birth may need speech therapy and activities several times a week. Reimbursement of these medical expenses can help ensure that the child continues to receive the care he or she needs.
Pain and suffering
Birth injuries can have a significant financial impact on a family. Under 735 ILCS 5/2-1115.2, Illinois law recognizes economic and non-economic damages, including pain and suffering, disability, disfigurement, loss of consortium, and loss of community. These damages recognize the physical pain, emotional distress, and diminished quality of life caused by the injury.
For example, a child living with chronic pain, limited mobility, or a permanent disability may face daily challenges that affect school, recreational activities, and social interactions. These permanent effects are often considered when determining the cost of a birth injury claim.
Special education and long-term support
Children with permanent disabilities may need special education services and lifelong support because of their birth injuries.
Under the Individuals with Disabilities Education Act (IDEA), 20 USC § 1400, eligible children have the right to receive special education and related services through the public education system. However, many families still have high costs for care and support despite being required by schools.
Reimbursement may include the cost of adaptive technology, home modifications, special treatments, personal care services, and other long-term services that are necessary because of the child’s condition.
For example, a child with a permanent developmental disability may need communication devices, wheelchair-accessible home modifications, ongoing therapy, and home care. These current and future costs can be included when calculating the full cost of a birth injury claim.
Lost future earning potential
Some birth injuries result in permanent physical or cognitive disabilities that affect the child’s ability to earn an income as an adult. In these cases, compensation can be calculated to account for the income that the child loses due to those long-term limitations.
For example, a child with a severe brain injury may not be able to hold a full-time job or pursue certain careers for life. Financial experts can assess the child’s expected earning potential and estimate the income that will be lost over their lifetime.
Final reviews
- Birth injury claims can include economic and non-economic damages depending on the circumstances.
- A birth injury attorney can help determine the full extent of current and future losses.
- Medical expenses, rehabilitation and future care often make up a large part of the claim.
- Some cases also include compensation for lost earning capacity and pain and suffering.
- Understand the types available damage helps families receive compensation that supports their child’s long-term needs.
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Our editorial team are writers and experts in their field. Their views and opinions are not necessarily those of Wellbeing Magazine. If you are under medical supervision, talk to your doctor or therapist before following the advice and recommendations in this article.
