Illinois Trial Lawyers Protecting Birth Defect Victims
Parents of children born with birth defects or developmental disabilities often have one question: What really happened?
James R. Carter, an experienced medical malpractice attorney and the Carter Law Offices provide knowledgeable legal advice and dedicated representation to victims of all types of medical negligence, and particularly to those left to live with a preventable birth defect. We are committed to protecting families facing the heartbreak of autism, developmental challenges, or physical or mental disabilities such as cerebral palsy.
Preventable birth defects present immense challenges for the entire family both now and in the future. For 30 years, our firm has been committed to helping our clients obtain the high-quality medical treatment and care necessary for their child to live the most fulfilling life possible.
We are trial lawyers working to provide real help for families affected by preventable birth defects and developmental disabilities. Put our experience to work for you — let us help you find out what happened and if medical negligence was responsible. Contact us today to schedule a free initial consultation.
Preventable birth defects: Who is responsible?
Hypoxic ischemic encephalopathy (HIE) is a particular brain injury that can be attributable to a delay in appropriate treatment or negligent care immediately prior to or during birth and delivery. This can result in long term neurological injury (cerebral palsy), which will require a lifetime of medical care, therapy, and living assistance.
When a birth defect is detectible in a sonogram or through a genetic screening and yet goes undiagnosed or unreported to parents, the obstetrician or attending physician can be held liable for the costs of extraordinary care, such as corrective surgery or long-term therapy that the child requires up to the age of 18.
In Illinois, the "learned intermediary" rule states that a prescribing physician is responsible to pass manufacturers' drug warnings on to any patient. This can limit the liability of drug companies in cases where a dangerous drug such as terbutaline is the likely cause of:
- Birth defects
- Brain damage
- Developmental disabilities
- Loss of normal life
There are many issues that require examination in any birth defect case, specifically whether there was any negligent radiological exposure (for example, X-rays being given to a pregnant woman) or undiagnosed congenital anomalies (such as heart defects or Tay-Sachs disease) which a reasonably prudent physician should have been able to prevent or address appropriately.
Contact us for help finding the answers
To discuss your circumstances with an experienced trial lawyer who understands the personal and legal complexities inherent in birth defect cases, please call our offices in Peoria at 866.361.7674 or e-mail us today to schedule a free initial consultation.
For more information about preventable birth injuries, please review our Birth Injuries Information Center.
