A child, who experienced extensive brain damage more than 10 years ago at Advocate Lutheran General Hospital while her mother was in labor, has been awarded a settlement of $6.5 million.

The lawsuit claims that the hospital did not perform a timely cesarean operation when the mother was in labor with her child. The result of the delay is that her child is suffering from cerebral palsy and mental retardation, each directly related to the birth injuries incurred. This means that the child requires constant care, experiences seizures and has no options for employment or independent living in the future.

Her mother filed and pursued the lawsuit against the hospital and the delivering physician on order to secure damages and the ability to provide the 24 hour care that her daughter will need for the rest of her life. Medical expenses and health care as well as constant care are expensive and the strain of caring for the child and providing financial support for her whole life is more than most parents can afford.

Birth injury claims are prevalent today as more and more is known about what causes birth defects and how they can be prevented. When a hospital or physician is negligent, then the parent is in a position to draw attention to that negligence and be awarded damages to help care for the child who was damaged by the negligence. Whether a mistake or malpractice doesn’t matter, all that matters is that a child is born and through some chain of events at the time of birth is injured grievously and needs justice.