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Birth Defect Attorney

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Childbirth should be a happy occasion as a new member of the family is welcomed. Unfortunately, a small percentage of otherwise healthy births are disturbed by medical negligence by obstetricians, birth defects caused by hospital negligence, or birth defects due to medications prescribed during pregnancy. It’s estimated that 27 out of every 1,000 births in the United States result in a birth injury.

The Chicago birth defect attorneys at Mike Agruss Law, will help children who have suffered birthing injuries and parents who have lost a child due to negligence. Birth injury lawsuits arise before or during birth when babies are injured by intentional or careless action of a hospital, nurse, doctor, or healthcare provider. When these actions cause injury, they are called a tort, or civil wrong, which provides the basis for a lawsuit.

When someone is found legally responsible for the injury, they are liable for the injury and may be forced to pay the injured party compensatory damages. These damages are designed to put the injured person back into the position he or she was in before the injury. In the case of a young child or baby, this may include past and future medical expenses, pain and suffering, disability and disfigurement, the loss of a normal life, and loss of future earnings, depending on the extent of the injury.

Common Birth Injuries

Many birth injuries, such as bruising or even fractures, are not serious and heal within a few months. A small percentage cause permanent damage, however. Common birth injuries include:

  • Cerebral palsy (a chronic disorder caused by trauma to the brain during or near the time of birth)
  • Forcep delivery injuries, such as facial paralysis
  • Skull fractures
  • Brachial plexus injury (Erb’s palsy, a paralysis of the arm caused by stretching the nerves around the shoulder during birth)
  • Oxygen deprivation due to the umbilical cord becoming wrapped around the baby’s neck
  • Breech birth complications
  • Birth injury caused by failure to perform a timely Cesarean
  • Drug-related injuries during pregnancy, such as taking Celexa, Paxil, Effexor or Zoloft during pregnancy Birth injuries can result not only in devastating effects on the child but also the family.

Many injuries require life-long treatment and require the family to provide special care for their child. This is often very expensive and time-consuming, putting financial stress on top of the emotional burden. While many birth injuries result from uncontrollable conditions, human error or medical negligence can cause an otherwise healthy child to suffer an injury.

When a doctor or healthcare provider fails to adequately respond to birth complications and act responsibly, they may be held liable. This includes delays in medical action, misuse of forceps or other medical instruments, and improper drug administration during labor or pregnancy. Birth injury lawsuits are often complicated and require extensive knowledge of complex medical issues to understand potential negligence in the case.

At Mike Agruss Law, we understand that birth injuries are very traumatic. Our Chicago birth defect attorneys will help you understand your options and work to give you the compensation you deserve to take care of your child and give him or her the best life possible. If you suspect your child was hurt as a result of the negligence of a hospital, doctor, or healthcare provider, it’s important to consult with an attorney right away. If a lawsuit is not filed before the expiration of the statute of limitations, any claim will be forever forfeited. If your child has been injured due to medical malpractice or a doctor’s negligence, contact Mike Agruss Law, for a free consultation.

We are a Chicago injury law firm representing individuals and families who have suffered a birth injury. Mike Agruss Law, will handle your case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.

Lastly, Mike Agruss Law, does not get paid attorney’s fees unless we win your case. Our no-¬fee promise is that simple. Therefore, you have nothing to risk when you hire us—just the opportunity to seek justice.

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