To obtain compensation for your childs birth injury, you must be able to prove that someone else was liable. In Illinois, liable parties in a medical malpractice claim can include doctors, nurses, hospitals, clinics, dentists, pharmacists, and others tasked with providing medical treatment or medication to you and your child.
To prove liability, you must show these elements:
A provider-patient relationship existed between the provider and the mother/child.
The provider acted or failed to take the actions that a similarly positioned provider would have taken in the same circumstances.
The providers actions resulted in an injury to the mother or child during the birth process.
The mother or child incurred expenses or losses from those injuries. Or the injury created the likelihood that the mother or child will experience additional injury-related expenses in the future.