My baby was born with a fractured collar bone and it is expected to fully recover, I was wondering if i would still have a case

I'm sorry to hear that your daughter was injured when she was born, but glad to hear that it looks like things are going to be ok. I think that the best advice is to wait for a while to make sure that your daughter actually recovers fully, and then talk to an experienced medical malpractice lawyer. In general, medical malpractice cases are expensive to handle and it might turn out that your daughter's case doesn't have enough value to support the expenses which will be necessary to drive the case forward. There isn't any way to make a reasonable assessment of your daughter's case until you know what the medical outcome will be and without an actual meeting so that the lawyer can be sure that he or she is getting all the information. These intial meetings are usually free.

I wish you the best of luck

Michael Clancy
www.clancylaw.com

I am not licensed in IL, but can offer you general advice. Fracturing the clavicle is not necessarily a deviation from the standard of care. Often the clavicle is snapped to allow the shoulders to be birthed. It would be a deviation not to fracture the clavicle and allow the baby to sustain a severe neurologic injury to the arm (brachial plexus). One thing that should be looked into is whether there were signs that this baby was going to be big (macrosomial). If this was a second birth or there was reason to know that the baby might get stuck in the birth canal, then there is the possibility of a deviation from the standard of care. However, as you have indicated, if the baby makes a full recovery there are no damages.

Congratulations on the birth of your new baby.

Betsey Herd
Tampa, Florida

I no longer practice in Illinois state courts so this response is for educational purposes only.

A fractured collar bone is not uncommon during the birthing process especially if there was shoulder dystocia. Shoulder dystocia occurs when the baby's shoulder gets stuck behind the collar bone during the birthing process. Occasionally, it is necessary to break the collarbone so the shoulder will move past the pubic bone allowing your daughter to be born.

Medical malpractice cases are very expensive to prosecute, especially in Ilinois. If the patient recovers (it is great for the patient but not great for a malpractice case). You should monitor your daughter's condition and see how she comes along. Sometimes a fractured collar bone can cause a nerve condition in the brachial plexus (a group of nerves that travel from the neck, under the collar bone, and down the arm.)

You may want to speak with a local attorney to discuss your options at this time.

Good luck - I hope this helps.