Birth injuries are devastating events that can change the course of a child’s and family’s life forever. Whether caused by medical negligence, improper delivery techniques, or failure to monitor fetal distress, the consequences often include long-term disabilities, emotional trauma, and significant financial strain.
At Phillips Law Offices, we believe every parent deserves to understand their legal rights after a birth injury in Illinois—and how to use the law to secure justice and compensation.
What Constitutes a Birth Injury Under Illinois Law
A birth injury occurs when a newborn suffers harm due to medical negligence before, during, or shortly after delivery. These are not the same as birth defects, which are genetic or developmental conditions.
Under Illinois law, medical providers have a legal duty of care to both the mother and child. When they breach that duty—by making errors or neglecting standard procedures—they can be held liable for malpractice.
Common examples include:
- Improper use of forceps or vacuum extractors
- Delayed C-section despite fetal distress
- Misdiagnosis of maternal conditions (e.g., preeclampsia or gestational diabetes)
- Failure to monitor oxygen levels leading to hypoxia or brain damage
- Medication errors during labor or pregnancy
If such negligence results in an injury like cerebral palsy, Erb’s palsy, fractures, or brain injury, it may form the basis for a medical malpractice claim.
Who Can File a Birth Injury Lawsuit in Illinois
In Illinois, parents or legal guardians can file a lawsuit on behalf of their child. The law recognizes that infants cannot pursue legal action themselves, but parents can act to secure compensation for:
- Medical expenses (past, current, and future care)
- Specialized therapy and lifelong treatment costs
- Emotional distress and suffering
- Loss of quality of life
Additionally, Illinois allows claims under the Wrongful Death Act if a birth injury tragically results in the infant’s death.
Statute of Limitations for Birth Injury Cases in Illinois
One of the most critical elements of a birth injury case is timing.
Under Illinois law (735 ILCS 5/13-212), medical malpractice cases typically must be filed within two years from when the injury was discovered—or reasonably should have been discovered.
However, for minors, the law provides additional protection. A lawsuit can usually be filed up to eight years after the injury occurs, but no later than the child’s 22nd birthday.
Failing to act within these time limits can result in losing your right to compensation forever. That’s why it’s vital to contact an experienced Chicago birth injury attorney as soon as possible.
What Evidence Is Needed for a Birth Injury Claim
To succeed in a birth injury lawsuit, the plaintiff (the family) must prove that the healthcare provider’s negligence directly caused harm. This requires strong, credible evidence, including:
- Medical records from prenatal care, labor, and delivery
- Expert testimony from obstetricians or neonatologists
- Diagnostic imaging and tests showing the nature of the injury
- Witness statements and hospital reports
- Financial documentation of ongoing treatment costs
At Phillips Law Offices, our legal team collaborates with medical experts, investigators, and economists to build powerful, evidence-backed cases that stand up in court.
The Role of a Birth Injury Lawyer
A birth injury lawyer does more than file paperwork—they are your family’s advocate. From the moment you contact Phillips Law Offices, we:
- Review your medical records and timeline of events
- Identify possible acts of negligence
- Consult medical specialists to verify causation
- Calculate the full economic and non-economic impact of the injury
- Handle communication and negotiation with insurance companies
- Represent you aggressively in court if settlement talks fail
We operate on a contingency fee basis, meaning you pay nothing unless we win compensation for you.
Types of Compensation Available
Families affected by birth injuries may be entitled to multiple forms of damages:
Economic Damages:
- Hospital bills and ongoing medical care
- Rehabilitation, physical therapy, and assistive devices
- Lost wages (if parents must stop working to provide care)
Non-Economic Damages:
- Pain and suffering
- Loss of normal life
- Emotional trauma and distress
Punitive Damages:
- In rare cases, courts may award punitive damages to punish especially reckless or intentional conduct by medical professionals.
How Phillips Law Offices Protects Families Across Illinois
At Phillips Law Offices, we’ve helped countless Illinois families secure justice for preventable birth injuries. With over 75 years of combined legal experience, our firm stands as one of Chicago’s most trusted personal injury and medical malpractice law firms.
Our approach includes:
- Personalized case evaluations
- No upfront legal fees
- Access to top medical experts
- Aggressive negotiation and litigation strategies
- Compassionate client support throughout the legal process
We understand how deeply these cases affect families—and we’re committed to fighting for your child’s future.
Serving Families Across Chicago and Illinois
Phillips Law Offices proudly serves clients throughout:
- Chicago (Loop, West Loop, Lincoln Park, Hyde Park, Wicker Park)
- Cook County
- DuPage County
- Lake County
- Will County
If you’re searching for a Chicago birth injury lawyer near me, our downtown office is easily accessible and ready to help you understand your rights.
What to Do If You Suspect a Birth Injury
If your child shows signs of a birth injury—such as delayed development, difficulty moving limbs, seizures, or breathing problems—take these steps immediately:
- Seek medical evaluation and diagnosis.
- Gather copies of all hospital and prenatal records.
- Document every symptom and medical visit.
- Contact a birth injury attorney at Phillips Law Offices for a free consultation.
Do not speak to insurance representatives or hospital attorneys before consulting with a lawyer—they may attempt to minimize liability or push for low settlements.
Protect Your Family’s Future
A birth injury can alter your child’s life—but it doesn’t have to define your family’s future. With the right legal support, you can hold negligent providers accountable and secure the resources your child needs to thrive.
At Phillips Law Offices, we stand by your side every step of the way, offering compassionate counsel and relentless advocacy.
📞 Contact Us Today for a Free Consultation
Phillips Law Offices
161 N. Clark Street, Suite 4925
Chicago, IL 60601
📱 (312) 598-0917
Interesting Reads:
What to Do After a Birth Injury?
How Can a Birth Injury Lawyer Help?
Most Common Examples of Medical Negligence in Birth Injury Cases