In the U.S., birth injuries occur in every 4.7 of 1,000 live births, shattering the dreams of thousands of families each year. If your baby has suffered a birth injury, the confusion and misconceptions can add to an already overwhelming and emotional experience.
By debunking common myths, we hope to give you a clearer understanding of your child’s birth injury, your rights, and the options available for pursuing compensation to secure their future.
Myth 1: All Birth Injuries Are Immediately Noticeable
Reality: Many people believe birth injuries are obvious at birth, but that’s not always true. Some conditions, such as cerebral palsy, may not be noticeable until a child reaches two to five years of age.
Developmental delays or motor skill difficulties may only become noticeable as your child misses key milestones or faces challenges in school. If you notice these concerns as your child grows, it’s important to have them evaluated and consider whether medical negligence may have played a role.
Myth 2: Birth Injuries Are Rare
Reality: While we like to think of childbirth as safe, birth injuries occur in nearly 5 out of every 1,000 births in the United States.
Even more concerning is that this number has risen significantly since 2012, when it was 1.9 out of every 1,000. Considering that over 3.66 million babies were born in the U.S. in 2022, this means that more than 17,000 families may have experienced birth trauma that year.
These figures underscore that birth injuries are far from rare, and when they occur, they can have lifelong consequences. Parents dealing with the aftermath deserve experienced legal guidance to fully understand their rights and explore their options for protecting their children’s health and happiness.
Myth 3: Birth Injuries Are Unpreventable
Reality: While some infants develop birth defects in the womb that could not have been prevented, birth injuries are physical injuries that are often caused by medical negligence or preventable errors during delivery. Even birth injuries caused by unpredictable or unpreventable complications during birth could potentially have been prevented if medical providers had acted more appropriately.
For example, failing to monitor fetal distress, delaying a necessary C-section, or improperly using delivery instruments can lead to life-long injuries. Medical professionals have a duty to provide a standard level of care, and when that duty is breached, families have the right to hold them accountable.
Myth 4: It’s Usually the Parent’s Fault
Reality: Birth injuries are rarely the fault of parents. In most cases, these injuries are due to the actions or inactions of healthcare providers during prenatal care, labor, or delivery. Medical negligence, such as failing to diagnose maternal infections, giving the wrong medicine during labor, or not responding quickly to complications, is a common cause of birth trauma.
Parents should never feel they are at fault for a situation that was out of their control. Instead, they should speak to an experienced Chicago birth injury lawyer to explore their legal options.
Myth 5: There’s No Point in Seeking Legal Help If Time Has Passed
Reality: Parents of children with birth injuries often worry that if they don’t recognize the injury immediately, they’ve lost the opportunity to take legal action. Fortunately, in Illinois, that’s not usually the case.
While state law generally limits medical malpractice claims from being filed after two years post-injury, there are exceptions for minors. For children under 18, the time limit extends to eight years from the date of the injury or until they turn 22. Importantly, the countdown begins only when the injury is discovered or should have reasonably been identified.
This extended window allows families to consult with an experienced birth injury attorney, confirm the diagnosis, and pursue financial compensation.
The Importance of Accurate Information and Legal Guidance
After a birth injury, families often face confusion and self-blame, unaware that the injury may have been preventable. If you’ve experienced medical negligence during delivery, having accurate information can help you understand your rights, legal options, and how to advocate for your child.
With compassionate legal support, you can focus on your child’s needs while our attorneys at Beam Legal Team build a solid case to hold negligent parties liable for the harm they caused. We have won over $1 billion for birth injury victims, and we can use our experience and skill to seek a fair settlement for your family.
Protect Your Child’s Future
If you believe your child’s birth injury may have been caused by medical negligence, don’t delay in seeking the answers you need. Contact Beam Legal Team for a free, no-obligation consultation. Our experienced attorneys are ready to guide you through the process and fight for the future your child deserves.
