When your child suffers a birth injury, the immediate question many parents ask is, “Can I sue for a birth injury?” The answer is yes, you can sue if medical negligence caused harm to your baby or the mother during labor, delivery, or prenatal care. In Illinois, families can pursue compensation for medical expenses, long-term care, emotional suffering, and more. At Phillips Law Offices in Chicago, we have helped countless families secure justice in these heartbreaking cases.
Understanding What a Birth Injury Is
A birth injury refers to any harm that occurs to a baby before, during, or shortly after childbirth. These injuries can range from mild bruising or fractures to severe brain damage or permanent disability. While some injuries are unavoidable and occur naturally, others result from medical malpractice, such as a doctor’s failure to monitor fetal distress or improper use of delivery tools.
Common causes of birth injuries include oxygen deprivation, prolonged labor, medication errors, or delayed C-sections. A single medical mistake during these critical moments can change a family’s life forever. When this happens, parents have the legal right to hold the responsible healthcare professionals or institutions accountable.
At Phillips Law Offices in Chicago, Illinois, our attorneys thoroughly investigate medical records, consult with experts, and build strong cases to prove when medical negligence has caused preventable harm.
When Medical Malpractice Leads to a Birth Injury
Not every bad outcome means malpractice occurred. However, a birth injury lawsuit can be filed when a medical provider fails to meet the accepted standard of care, and that failure results in harm to the baby or mother. Examples include:
- A doctor not recognizing signs of fetal distress
- Failure to order an emergency C-section in time
- Improper use of forceps or vacuum extractors
- Incorrect medication dosage or anesthesia errors
These actions can cause conditions such as cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), Erb’s palsy, and other life-altering outcomes. In such cases, parents can sue for medical negligence to obtain justice and financial support for lifelong care.
Our experienced lawyers at Phillips Law Offices work to prove duty of care, breach, causation, and damages—the key elements in a successful medical malpractice case.
Who Can Be Held Liable for a Birth Injury?
In Illinois, several parties may be legally responsible for a birth injury. Depending on the circumstances, the obstetrician, nurses, anesthesiologist, or the hospital itself may be named in the lawsuit.
- Doctors and Obstetricians – If they make a mistake in monitoring or performing the delivery.
- Hospitals or Birthing Centers – If they fail to provide proper staffing, equipment, or training.
- Nurses or Medical Technicians – If they fail to follow orders or recognize warning signs.
The key to proving liability is showing that the care provided fell below accepted medical standards and that this negligence directly caused injury. At Phillips Law Offices, our attorneys use expert medical testimony to establish this connection and strengthen your case.
What Compensation Can You Recover in a Birth Injury Lawsuit?
Families affected by birth injuries often face massive financial and emotional burdens. Illinois law allows victims to seek compensation for both economic and non-economic damages.
Economic Damages
These include measurable losses such as:
- Hospital and medical costs
- Ongoing therapy and rehabilitation
- Special education and assistive devices
- Loss of future income or earning potential
Non-Economic Damages
These cover emotional and psychological suffering, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
At Phillips Law Offices in Chicago, we fight to ensure families receive the full compensation they deserve. We understand that no amount of money can undo the harm caused, but financial security can ease the lifelong costs associated with birth injuries.
How Long Do You Have to File a Birth Injury Lawsuit in Illinois?
In Illinois, there are strict deadlines known as the statute of limitations for filing a medical malpractice or birth injury claim. Generally, you must file within two years of discovering the injury, but not more than eight years from the date of the incident.
However, because birth injuries may not be immediately apparent, parents should seek legal advice as soon as they suspect negligence. Early investigation allows attorneys to collect vital evidence before records are lost or memories fade.
At Phillips Law Offices, we guide families through each step of the process to ensure their rights are protected within the legal timeframe.
How a Birth Injury Attorney Can Help Your Case
Birth injury cases are among the most challenging types of medical malpractice claims. They often require deep medical knowledge, expert testimony, and strong negotiation or litigation skills.
When you work with Phillips Law Offices, our attorneys:
- Obtain and review all relevant medical records
- Consult with leading obstetric and pediatric experts
- Identify the responsible parties and gather evidence
- Negotiate aggressively with insurance companies
- Take your case to trial if fair compensation is not offered
Our legal team has a proven record of securing multi-million-dollar settlements and verdicts for Illinois families dealing with medical negligence. We understand the emotional toll these cases take and are committed to fighting for your family’s future.
Why Choose Phillips Law Offices for Your Birth Injury Claim
At Phillips Law Offices, we are one of Chicago’s leading medical malpractice and personal injury firms, with decades of experience in handling birth injury cases. Our compassionate attorneys know how devastating it can be to see your child suffer because of someone else’s mistake.
We provide:
- Free consultation and honest case evaluation
- No fee unless you win – You pay nothing upfront
- Personalized attention – We treat every case as if it were our own
Located at 161 N Clark St, Suite 4925, Chicago, IL, we proudly serve families throughout Illinois who are seeking justice for preventable birth injuries.
If you believe medical negligence caused harm to your child, call us today at (312) 598-1829 for a Free Consultation | No Fee Unless You Win. Our attorneys are ready to listen, investigate, and help you fight for the justice your family deserves.
Final Thoughts: You Have the Right to Seek Justice
If your child suffered a birth injury due to medical negligence, you have the right to sue and seek compensation. Filing a lawsuit not only helps your family recover financially but also holds healthcare providers accountable to prevent similar tragedies in the future.
At Phillips Law Offices, we stand by families every step of the way—offering guidance, compassion, and aggressive legal representation to help them rebuild their lives. Contact our Chicago Birth Injury Lawyer today and take the first step toward justice for your child.
Phillips Law Offices
📍 161 N Clark St, Suite 4925, Chicago, IL
📞 Call (312) 598-1829
Free Consultation | No Fee Unless You Win
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