Chicago Birth Injury Lawyer

Dedicated Representation for Mothers and Babies Injured by Negligence

Chicago birth injury attorney support is essential when you or your child has suffered harm due to medical negligence. At Rosenfeld Injury Lawyers, we understand how overwhelming and heartbreaking this experience can be.

For decades, our legal team has helped families across Chicago recover the compensation and support they deserve after preventable birth injuries. We’re committed to every family we represent, and over the years, our birth injury lawyers have recovered millions of dollars in settlements to help clients move forward.

Below are examples of the results we’ve achieved in past Illinois birth injury cases:

• $11,250,000 settlement when a child’s birth injury resulted in deprivation of oxygen, and then developed cerebral palsy.
• $7,500,000 settlement for a mother’s death during childbirth, where the medical professionals failed to recognize and properly treat severe bleeding.
• $5,000,000 settlement for a brachial plexus injury requiring several arm surgeries after delivery.
• $1,100,000 settlement for a stillbirth at 39 weeks, where the physician allegedly ignored repeated complaints of fetal distress and did not order diagnostic tests, despite the mother’s high-risk status.

If you have any questions, don’t hesitate to contact us to schedule a free consultation with a birth injury lawyer.

What Constitutes a Birth Injury?

A birth injury refers to the harm inflicted on either the mother or child that occurs before, during, or after labor and delivery. Sometimes, birth injuries occur because of mechanical forces (such as compression or traction) during childbirth or due to an illness that develops in the infant while still in the womb.

For babies, some of the most common birth injuries range from temporary issues like cuts and bruises or feeding difficulties to more long-term conditions like cerebral palsy caused by the baby not getting enough oxygen.

In mothers, possible birth injuries can include perineal tears, infections resulting from unsanitary medical equipment, and severe emotional trauma.

Birth Injury vs Birth Defect

Recognizing the distinction between birth injuries and birth defects is fundamental when considering legal action.

Birth injury lawsuits primarily target healthcare providers, such as hospitals and doctors responsible for neglectful handling before, during, or immediately after delivery that results in harm to the newborn or the mother.

In contrast, a birth defect lawsuit typically focuses on potential environmental triggers, including irresponsibly prescribed medication or exposure to something hazardous during pregnancy that contributes to developmental issues within the womb.

Types of Birth Injury Cases We Handle in Chicago

Experiencing a birth injury is unimaginably challenging for any family. At our law firm, we handle an extensive range of cases associated with varying types of birth injuries:

Cerebral Palsy

Cerebral palsy affects balance, mobility, and posture due to abnormal brain development. It often results from disrupted blood flow during delivery, which could be from uterine rupture or a detached placenta. Our experienced cerebral palsy attorneys in Chicago help investigate whether medical errors contributed to the injury.

Brachial Plexus Injuries

These injuries occur during childbirth and can lead to permanent impairments in arm movement. Parents often turn to brachial plexus injury lawyers to determine if improper delivery techniques caused the damage.

Brain Bleeds

Birth-related brain bleeds occur when blood vessels in the baby’s brain rupture during delivery, leading to internal bleeding. Medical malpractice brain bleed lawyers are knowledgeable and can be essential in helping families address cases of brain bleeds caused by negligent care during labor and delivery.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a severe brain injury caused by inadequate oxygen or blood flow before, during, or after delivery, sometimes leading to cerebral palsy. Our Chicago HIE injury attorneys review cases for signs that medical negligence occurred.

Perinatal Asphyxia and Brain Injury

Perinatal asphyxia happens when insufficient blood or oxygen reaches the fetus, potentially causing brain damage, cerebral palsy, or learning disorders. Lawyers specializing in perinatal brain injuries work with families to examine the birthing process for any preventable errors.

Spinal Cord Injuries

One of the most severe birth injuries is damage to a baby’s spinal cord from overstretching during childbirth. Chicago birth trauma lawyers with experience in spinal cord injury cases can help families investigate the medical care provided and pursue maximum compensation in a child’s birth injury claim.

Neonatal Hypotonia

Neonatal hypotonia, or “floppy baby syndrome,” is found when a baby shows low muscle tone right after birth, often leading to developmental delays and difficulties with movement or feeding. Causes include oxygen deprivation, infections, or genetic factors. Neonatal birth injury lawyers work to determine if medical errors contributed to the condition.

Shoulder Dystocia

Shoulder dystocia happens when a baby’s shoulders get stuck behind the mother’s pelvic bone during delivery, putting both mother and baby at risk. This can lead to injuries like brachial plexus damage, fractured collarbones, or oxygen deprivation. Chicago shoulder dystocia lawyers are experienced in handling these sensitive birth injury claims.

C-Section Errors

Errors during a C-section, such as surgical mistakes, delays in operating, or a lack of proper fetal distress monitoring, can cause serious harm to both mother and child. Attorneys specializing in C-section malpractice work diligently to support affected families.

Forceps Injuries

When forceps are misused during assisted deliveries, they can cause significant injury, including facial nerve injuries, skull fractures, or brain bleeds for the baby, as well as severe injuries for the mother. Families turn to our Chicago forceps injury attorneys to determine if improper forceps use led to these avoidable harms.

Erb’s Palsy

Erb’s palsy is caused by damage to the brachial plexus nerves from excessive pulling or stretching during delivery, resulting in weakness or paralysis in the baby’s arm, sometimes requiring surgery or long-term therapy. Our Chicago Erb’s palsy lawyers are skilled in investigating whether improper techniques led to this injury.

Fetal Death

Fetal death, or intrauterine fetal demise, may result from complications related to maternal health issues or delivery errors. Wrongful death and birth injury attorneys assist families in determining if medical mistakes played a role in this heartbreaking loss.

Maternal Death

Maternal death during childbirth is a devastating outcome often caused by complications like hemorrhaging, embolisms, or preeclampsia linked to inadequate medical intervention. Birth injury lawyers review these tragic cases to uncover any negligence or misconduct that may have contributed.

Birth Injury Statistics in Chicago Hospitals

Birth injuries represent a significant concern, often leading to long-term health implications for affected children and their families.

• Birth injury to a baby (neonatal birth trauma) is prevalent in 31.1 per 1,000 hospital births
• About 10,000 babies born each year will develop cerebral palsy
• About 8.52% of births have a low birth weight (less than 2,500 grams)
• In 2022, the U.S. infant mortality rate reached 5.60 deaths per 1,000 live births, up 3% from 5.44 in 2021.

Determining Liability for a Birth Injury

Determining liability for a birth injury involves a careful review of the circumstances surrounding the delivery. Medical records, timing of decisions, and expert opinions all play a role in understanding what happened and why the injury occurred.

Investigators will gather statements from healthcare professionals and other witnesses while looking at every detail of prenatal care and postnatal care. This process helps to form a clear picture of the events, which can then be used to decide who is responsible for the injury.

The Most Common Causes of Birth Injuries

Birth injuries can arise for several reasons, with some of the most common causes including:

• Large infant size
• Premature births
• Breech baby (can happen when the baby’s positioning toward the birth canal is incorrect, such as face presentation)
• Improper medication use
• Delays in C-sections
• C-section complications
• Untreated or mistreated maternal medical conditions, like diabetes, high blood pressure, or infections
• Fetal distress and oxygen deprivation
• Overlooking known risk factors of both the child and mother throughout pregnancy or labor
• Improper birthing techniques
• Incorrect use of tools and instruments
• Failure to monitor vital signs
• Viral and bacterial infections
• Improper prenatal care

Our Chicago medical malpractice lawyers see many different causes of birth injuries. You deserve justice for yourself and your family.

Steps to Take Following a Birth Injury in Chicago

If you suspect your child suffered birth injuries in Chicago due to a medical error or negligence, it’s important to take several immediate steps to protect your child’s well-being and your legal rights.

• Document the injury
• Seek immediate medical care
• Request all medical records
• Consult an experienced birth injury lawyer

Taking these steps can help safeguard your child’s future while protecting your family’s rights

Can I Sue for a Birth Injury in Illinois?

Yes, you may be able to sue for a birth injury in Illinois if the injury was caused by medical negligence. It’s important to speak with an experienced attorney who can evaluate your case and help you understand your rights.

Damages Awarded to Birth Injury Victims

When filing an Illinois birth injury lawsuit, you may be entitled to several types of damages, including compensation for wrongful death when a birth injury results in the loss of your child. Our experienced birth injury lawyers carefully review every detail of your case to help secure recovery for all your losses.

Compensatory damages cover quantifiable losses related directly to the medical incident, such as:

• Current and future medical bills for hospital stays, surgeries, doctor visits, therapy sessions, and medication
• Future life care expenses like additional surgeries, mobility aids, or caregiving support
• Lost wages and loss of earning capacity if the injury leads to long-term disability

You may also be eligible for non-economic damages, which address:

• Physical pain and suffering
• Emotional distress
• Loss of companionship

In wrongful death cases, damages can extend further to help the family cope with the loss of a child.

Finally, punitive damages might be awarded in instances of particularly reckless or malicious conduct, serving to punish the responsible party and deter similar behavior in the future.

Our Chicago birth injury law firm is committed to pursuing justice on your behalf and seeking the fair compensation you’re entitled to under the law.

How a Chicago Birth Trauma Attorney Can Help

Retaining the services of a local birth injury attorney can be essential to your case for several reasons.

• Navigating Complex Legal Processes: Chicago birth injury lawyers thoroughly understand the local legal system and make sure all paperwork is accurate and filed on time.
• Medical Knowledge: They work with trusted Chicago-based medical experts to evaluate complex birth injury issues and provide medical expert testimony.
• Understanding Illinois State Laws: Local expertise ensures familiarity with Illinois laws and precedents that can shape your medical malpractice lawsuit.
• Birth Injury Litigation Experience: If a fair settlement isn’t reached, experienced Chicago attorneys know how to effectively present your case in court before a judge or jury.

Entrusting your birth injury case to an experienced attorney allows you to focus on healing and recovery while the attorney navigates medical malpractice laws..

Why Choose Rosenfeld Injury Law

Taking legal action after a birth injury can seem overwhelming, especially while dealing with the emotional and financial implications. Working with an attorney skilled in this area of law allows you to focus on recovery while they focus on the legal complexities of your case.

Some ways our birth injury attorneys in Chicago can help include:

• Local Expertise in Birth Injury Cases: Our Chicago law firm represents families across Chicago and nearby communities. We use our deep knowledge of local hospitals, medical providers, and courts to thoroughly investigate your case and build a strong claim under Illinois law.
• Comprehensive Evidence Gathering: We collect all relevant evidence for your case, including medical records from Chicago hospitals like Northwestern Memorial and Rush University Medical Center, as well as witness testimony, photos, and videos.
• Calculating Full and Fair Damages: We assess the complete extent of your losses – from immediate emergency costs, such as visits to John H. Stroger, Jr. Hospital of Cook County, to ongoing therapy expenses, assistive devices, special education needs, and emotional pain.
• Determining Responsibility and Accountability: Our goal is to identify who is liable for the serious injury, whether it’s a Chicago healthcare provider, delivery team, or another party.
• Filing Your Medical Malpractice Lawsuit: If negotiations with insurance companies or medical institutions fail, our team will file a lawsuit in the appropriate Cook County court.
• Negotiating and Communicating with Insurance Companies: We handle all communications with insurance adjusters, easing your burden and working to secure a settlement that meets your family’s needs.
• Trial Representation: While many birth injury cases are resolved outside the courtroom, some require birth injury litigation. If your case goes to trial, we will fight for the justice and compensation your family deserves.

Evidence Needed to Support a Birth Injury Case

When pursuing a birth injury claim, having the proper documentation is crucial to building a strong case. To prove claims of negligence or medical malpractice, it’s necessary to establish four elements: duty, breach, causation, and damages. The following types of records and evidence can provide the foundation needed to do so.

• Prenatal Care Records: These include records of prenatal check-ups, ultrasounds, tests, and any notes about the mother’s health or complications during pregnancy. They help establish the standard of care provided leading up to the birth.
• Birth Records: Documentation from labor and delivery, such as fetal heart rate monitoring data, records of medications administered, and any interventions performed, can show how the birth was handled.
• Neonatal Records: Details about the newborn’s immediate care, such as Apgar scores, NICU records, and any initial treatments, are important in understanding the baby’s condition at birth.
• Child’s Medical Records: These include information on ongoing medical treatments, surgeries, or other medical interventions that relate to the birth injury.
• Mother’s Postnatal Care Records: Any complications or treatments the mother received after the birthing process can also establish relevant context for the case.

Evidence of Medical Negligence/Medical Malpractice

To show negligence or medical malpractice, additional documentation is often required to support your case.

• Expert Medical Testimony
• Internal Hospital Records
• Medical Bills and Expenses
• Proof of Lost Wages
• Journals or Diaries
• Photographs or Videos
• Insurance Correspondence
• Prior Legal Correspondence

Gathering and organizing these records can feel overwhelming, but they are essential to presenting a thorough and well-supported birth injury claim.

You Have Limited Time to Take Legal Action in Illinois

In Illinois, you generally have two years from the date you first discovered or should have discovered the malpractice to file a childbirth injury lawsuit, as stated in 735 ILCS 5/13-212. For birth injuries, the Illinois medical malpractice statute of limitations can extend up to eight years from when the error occurred, but not beyond the injured child’s 22nd birthday.

Failing to file within these time limits can jeopardize your right to compensation.

Birth Injury FAQs

What are the signs and symptoms of a birth injury?

Identifying the signs and symptoms of a birth injury is crucial for ensuring timely intervention and proper care.

Physical Symptoms of Birth Injuries

• Need for Resuscitation
• Limp or Stiff Muscles/Issues With muscle control
• Seizures
• Paralysis
• Organ Injuries

Cognitive Symptoms of Birth Injuries

• Learning Difficulties
• Communication Problems
• Poor Organization
• Short Attention Span
• Excessive Sleepiness or Extended Crying

Common Diagnostic Tests for Birth Injuries

If a birth injury is suspected, doctors often use a combination of tests to evaluate the situation and confirm a diagnosis. These include:

• Apgar Test: Conducted immediately after birth, this test assesses a newborn’s heart rate, breathing, skin tone, reflexes, and muscle tone.
• Umbilical Cord Blood Gas Analysis: This test measures oxygen and carbon dioxide levels in the blood from the umbilical cord. It’s often used to identify birth injuries caused by not enough oxygen, like HIE.
• Brain Imaging (MRI): These can reveal damage to the brain from deprivation of oxygen, limited blood flow, or trauma during delivery.

Are birth injury claims the same as medical malpractice in Illinois?

Birth injury claims are a type of medical malpractice case, meaning they arise when a birth injury results from mistakes or negligence in medical care. However, they specifically focus on injuries sustained during the labor and delivery process.

Are birth injuries preventable?

Many birth injuries may be prevented if proper medical care and protocols are followed during pregnancy and delivery. However, not every injury is avoidable because complications can sometimes occur even when everything is done correctly.

If you believe negligence played a role in your child’s injury, a thorough review of your case can help determine whether the injury could’ve been prevented.

Who can be held liable in a birth injury case?

Determining liability is a key aspect of filing a birth injury lawsuit. The potential liable parties can vary depending on the specific circumstances surrounding each unique case, but some of the most common possibilities include:

Doctors Who Cared For You During Pregnancy

Any medical professional who provided care during pregnancy could potentially be liable, from radiologists conducting ultrasounds to OB/GYNs overseeing overall healthcare.

Medical Professionals Present During Birth

This category includes those present during delivery, such as obstetricians, nurses, midwives, and anesthesiologists. If negligent care was provided during childbirth resulting in injury, they could be potential defendants.

Postnatal Healthcare Providers

Medical professionals who cared for the mother and the newborn after delivery may also bear responsibility. Any negligent care or action during this crucial period can directly impact the health of a newborn.

Prescription Drug Companies

If it’s shown that prescribed medication used during pregnancy contributed to the birth injury, the pharmaceutical company that manufactured this drug could potentially be liable. This usually necessitates proving that they failed to provide adequate warnings about potential risk factors.

Pharmacists

Individual pharmacists who deviate from the standard of care can also bear responsibility. This could include deviating from the physician’s prescription order or providing incorrect medication or dosage, contributing to an adverse outcome.

Medical Equipment Companies

If a birth injury resulted from defective medical equipment, the manufacturer of the device could potentially be held responsible.

The Hospital

Hospitals can also be held responsible in some cases, particularly under the principle of vicarious liability. Under this theory, employers (like a hospital) are liable for the negligence of their employees (such as doctors or nurses).

It’s also worth noting that hospitals can be liable for administrative decisions, such as understaffing or inadequate training, which can negatively impact the quality and safety of the care mothers and babies receive.

How long does it take to settle a birth injury lawsuit?

The duration it takes to come to a resolution in a birth injury lawsuit heavily depends on the specifics of each individual case. This process could be relatively quick, possibly resolved within months if there’s clear evidence of malpractice resulting in a quick settlement out of court.

However, more typically, these kinds of cases are complex, requiring lengthy investigations, reviewing medical records, speaking with witnesses, and consulting with expert witnesses. This process could end up taking several years to resolve in the most complicated situations.

How much does it cost to hire a birth injury attorney in Chicago?

Our birth injury lawyers work on a contingency fee basis. Under this type of arrangement, you do not pay any upfront costs or hourly fees to retain our services.

Instead, the lawyer’s fee is “contingent” upon winning your case, meaning they will receive a percentage of the total settlement amount or court judgment. If we do not recover compensation for you, you don’t owe anything.

Consult Chicago Birth Injury Lawyers Near You!

Navigating the aftermath of a birth injury is difficult and emotional, and it’s even more challenging if you don’t know your legal rights. Having access to experienced legal representation is invaluable in uncovering liable parties, managing deadlines effectively, communicating with insurance providers, and obtaining the best outcome possible.

Fill out our online form or call us toll-free at (888) 424-5757 today for a free consultation and let Rosenfeld Injury Law assess your situation without any risk or commitment.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Elgin, Peoria , Rockford and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.