(888) 424-5757



Illinois Birth Injury Lawyer

Injury Lawyer Team > Birth Injury Lawyer > Illinois Birth Injury Lawyer
birth injury lawsuit

Illinois Birth Injury Lawyer

Childbirth is a special moment for parents. However, it can turn tragic due to medical malpractice, leading to serious birth injuries or even disability such as cerebral palsy. Five out of every 1,000 babies born in the United States suffer some type of birth injury. 

In Illinois, seeking legal guidance from a birth injury lawyer is essential if your child suffers from a doctor’s negligence. Compensation can reduce the burden of future medical expenses and ensure your child receives the necessary care for their well-being.  

For several years, our law firm has been dedicated to advocating for birth injury victims and their families throughout Illinois. Contact us today to schedule a free case evaluation. 

Contact our Illinois birth injury lawyers to schedule a free consultation. All confidential or sensitive information shared with your Illinois birth injury lawyer remains private through an attorney-client relationship.

filing a birth injury lawsuit in Illinois

Understanding the Difference Between a Birth Injury and a Birth Defect

Although the terms “birth defect” and “birth injury” are used interchangeably, there is a prominent difference between the two, each having a unique meaning. 

A birth defect refers to any abnormality or congenital condition that develops during pregnancy before the baby’s birth, often due to genetic factors. For example, spina bifida, down syndrome, cystic fibrosis, congenital heart defects, limb abnormalities, and other birth defects. 

In contrast, a birth injury happens during the prenatal, labor, and delivery process, leading to serious physical or mental health conditions for the newborn. A birth injury is generally caused by medical malpractice or negligence by doctors, hospital staff, or other healthcare professionals. Birth injuries can and should be prevented to ensure a child’s well-being and quality of life. 

If you or a loved one have suffered birth injuries due to medical misconduct, negligence, or error, contact an Illinois birth injury lawyer today. 

Nationwide Birth Injury Statistics and Facts 

  • According to the Centers for Disease Control and Prevention (CDC), about 7 of every 1,000 babies born suffer from birth injuries in the United States.
  • The most common type of birth injury is brain damage from a lack of oxygen (asphyxiation).
  • Birth trauma is found to be happening most often in rural areas.
  • A study on birth injury legal statistics revealed that over 25% of all medical malpractice claims paid between 2009 and 2014 were related to obstetrics and gynecology. 
  • Approximately 48% of lawsuits filed on behalf of newborn babies involve injury to the brain. 
  • According to the Illinois Department of Public Health (IDPH) 2020 statistics, there were 45 infant mortalities in Illinois due to accidental injuries. Complications of the placenta, cord, and membranes caused 37 infant deaths. Over 24 newborns lost their lives due to bacterial sepsis. Moreover, 14 infant fatalities occurred because of intrauterine hypoxia and birth asphyxia. Lastly, 12 infants died from neonatal hemorrhage. 

What Types of Medical Errors Causes a Birth Injury? 

Birth injuries occur as a consequence of natural malfunctions, for instance, when the baby’s head is larger than the mother’s pelvis or birth canal, it can deprive the child of oxygen (cephalopelvic disproportion). In many cases, a birth injury during the delivery can occur due to mistakes made by doctors, hospitals, or other medical professionals. 

Here are ten common types of medical malpractices or errors that result in devastating birth injuries:

  1. Neglecting critical pregnancy issues like hypertension, infections, or gestational diabetes.
  2. Prescribing medications with dangerous side effects to the mother.
  3. Delaying response to bleeding, umbilical cord entanglement, or fetal distress.
  4. Delay in performing an immediate Cesarean section (c-section).
  5. Issues related to premature delivery.
  6. Misusing or improperly using vacuum extractors or forceps during delivery.
  7. Lack of monitoring of the mother’s or baby’s condition after birth.
  8. Medication errors, including prescribing incorrect medicine types or dosages.
  9. Miscommunication between healthcare professionals.
  10. Complications arising from genetic testing.

Get A Legal Team To Help. Free Consultations with Experienced Lawyer!

Chicago Birth Injury Lawyer

If any of these events happened before, during, or after labor and delivery process, medical malpractice might have caused your child’s birth injury. Pursuing a birth injury case against medical professionals or a hospital with the guidance of a personal injury lawyer can provide compensation for your child’s sufferings. 

What Birth Injuries Are Caused Due to Medical Negligence? 

From temporary complications to lifelong disability like cerebral palsy, birth injuries can affect the children as well as the families. Some of the serious injuries our birth injury lawyers have witnessed in Chicago, Illinois are as follows: 

Brain Damage

Often caused by oxygen deprivation or trauma during birth, brain injuries result in lifelong disabilities such as cognitive impairment, motor function limitations, or developmental delays. Neurological and brain damage claims account for 41 percent of cases involving infant claims. 

Caput Succedaneum

Occurs due to pressure on the baby’s head during delivery, leading to swelling. This birth injury cases happens when a gynecologist improperly uses a vacuum extraction tool.


This birth injury type occurs when there is bleeding under the scalp’s skin due to birth trauma. Cephalohematoma may vanish on its own but might increase the risk of jaundice or infection in babies.

Cerebral Palsy

A neurological disorder that affects movement and posture, often resulting from brain trauma or oxygen deprivation during birth. Cerebral palsy is a permanent disability that requires lifelong medical care and support. For every 1,000 babies born in the United States, three babies are diagnosed with cerebral palsy till they are 8 years old, according to the Cerebral Palsy Statistics by Birth Injury Help Center. 

Brachial Plexus Injuries

Brachial plexus injuries are nerve damage in the shoulder area, which can cause Erb’s Palsy. Basically, Erb’s Palsy involves weakness or paralysis in the affected arm. Each year, more than 20,000 medical malpractice lawsuits are filed nationally, with several cases involving brachial plexus injuries during childbirth.

Facial Nerve Palsy

Damage to facial nerve or cranial nerve trauma during birth can lead to temporary or permanent paralysis of facial muscles, affecting expressions and function. Facial nerve palsy is sometimes attributed to the use of labor-inducing medication or epidural anesthesia.

Intracranial Hemorrhage

A serious birth injury where bleeding occurs within the child’s skull as lack of blood or oxygen ruptures brain vessels. Often, trauma during delivery causes intracranial hemorrhage, leading to brain damage or neurological defects. 

Extracranial Injuries

If doctors in Illinois improperly use a vacuum extractor or forceps during childbirth, they may cause fractures to the baby’s skull. This type of birth injury cases impacts appearance and function.

Placenta Previa

This is a serious birth injury where the placenta partially or completely covers the cervix, increasing the risk of hypoxia or stillbirth during the delivery process. 

Spinal Cord Injuries

Compression of the baby’s spinal cord during birth can lead to paralysis or neurological damage. Spinal cord injuries can require ongoing rehabilitation and proper medical care. 

Unfortunately, untreated birth injuries can lead to the wrongful death of either the child or the mother, resulting in devastating consequences for the family. In that case, you have the right to pursue a wrongful death claim against the medical professional in Illinois responsible for the death. 

For How Long Can Victims File a Birth Injury Lawsuit in Illinois?  

The time limit for filing a personal injury lawsuit is called a statute of limitations that determines how long an individual can initiate legal action against negligent parties. 

Understanding the Illinois statute of limitations for birth injury claims can be a bit complicated. For example, you have two years from discovering the injury to file a claim, but if there’s a delay in discovering the birth injury cases, the state laws allow up to four years. For minors under the age of 18, the deadline extends to eight years from the malpractice date. However, the injured or disabled child must turn age 22 before filing a birth injury case. 

The statute of limitations also depends on what kind of facility the negligence or medical malpractice happened in. If you discover any birth injury due to negligence, immediately consult a trusted Chicago birth injury attorney to seek compensation. 

Time is Limited to File a Claim. Get Legal Representation Now!

childbirth medical malpractice in Illinois

What Compensation Can We Receive in a Birth Injury Claim in Illinois? 

If your child has experienced a birth injury due to medical negligence, it can lead to significant physical or mental health issues, impacting your family both financially and emotionally. Without a doubt, you have the right to pursue compensation. A skilled Illinois birth injury lawyer can help you seek damages on behalf of your child and your family, including reimbursement for:

  • Present and future medical expenses
  • Rehabilitation therapy
  • Lost earnings
  • Costs related to caregiving and home modifications
  • Emotional anguish
  • Pain and suffering
  • Disability or disruption of normal life
  • Reduced life expectancy
  • Wrongful death damages if the birth injury leads to loss of life 

While these damages cannot fully compensate for your losses, they aim to reduce the financial burdens your family has endured. Our team of birth injury lawyers is dedicated to supporting you throughout the legal process to ensure you receive fair compensation.

Hire an Illinois Birth Injury Lawyer to Seek Compensation for Your Losses 

The experienced Chicago birth injury attorneys from the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, understand the trauma of parents seeing their babies suffer. We have a successful track record of success in helping families achieve justice for the harm they have suffered. Our experienced birth injury attorney strives to fight for the maximum compensation your child deserves.

Our compassionate birth injury lawyers in Illinois work on a contingency fee basis. Meaning, our clients won’t pay for legal services until our Chicago birth injury attorneys win their personal injury case. 

If your child has suffered serious injuries during birth, contact us today at (888) 424-5757 for a free consultation and explore your legal options. All shared confidential or sensitive information with your Illinois birth injury lawyer remains private through an attorney-client relationship.