What Is a Birth Injury?
A birth injury refers to any physical harm or medical complication a newborn sustains during labor or delivery. Unlike birth defects—which occur due to genetic or prenatal factors—birth injuries usually happen during the birthing process, often due to medical negligence or improper care. These injuries may range from minor bruising to severe brain damage or nerve injuries that can affect a child’s life permanently.
At Phillips Law Offices in Chicago, Illinois, we understand how devastating it can be for parents to learn that a medical mistake caused harm to their child. We help families determine whether the injury was preventable and whether they are entitled to financial compensation through a medical malpractice claim.
Common types of birth injuries include cerebral palsy, Erb’s palsy, shoulder dystocia, skull fractures, and oxygen deprivation. Each condition requires careful medical evaluation to determine its cause and the potential for legal action.
What Causes Birth Injuries?
Birth injuries can occur for several reasons, but many stem from medical errors during labor or delivery. Physicians, nurses, or hospital staff may fail to monitor the baby’s oxygen levels, delay a necessary cesarean section, or improperly use delivery tools like forceps or vacuum extractors. Any of these errors can lead to lifelong physical and cognitive challenges for the newborn.
Sometimes, prolonged labor or fetal distress can increase the risk of injury if the medical team does not act quickly. Mismanagement of maternal health conditions such as gestational diabetes or preeclampsia can also contribute to complications during birth. In many cases, these injuries could have been avoided if proper medical standards were followed.
At Phillips Law Offices, our attorneys review medical records with expert professionals to uncover signs of negligence. We work closely with parents to establish accountability and pursue justice for the harm their child has endured.
How Do I Know If My Child’s Birth Injury Was Caused by Negligence?
The first step in determining negligence is to evaluate the medical care provided before, during, and immediately after childbirth. If a healthcare provider failed to act as another competent professional would under similar circumstances, it may be a case of malpractice. Examples include failure to diagnose fetal distress, improper use of delivery instruments, or delayed response to complications.
Parents often notice warning signs early—such as delayed milestones, poor muscle control, seizures, or difficulty breathing. These symptoms can indicate a serious underlying condition caused by trauma or oxygen loss at birth.
Our legal team at Phillips Law Offices in Chicago collaborates with medical experts who can analyze fetal monitoring strips, labor notes, and delivery procedures to determine whether the injury was preventable. We make it our mission to help families uncover the truth and hold negligent parties responsible.
What Are the Most Common Types of Birth Injuries?
Some of the most common birth injuries include:
Cerebral Palsy
This neurological disorder is often caused by oxygen deprivation during birth. It affects movement, coordination, and muscle tone. Though lifelong, therapy and support can improve quality of life.
Erb’s Palsy (Brachial Plexus Injury)
This condition occurs when the baby’s shoulder nerves are stretched during delivery, leading to weakness or paralysis in one arm. Prompt medical intervention can help, but severe cases may require surgery.
Fractures and Skull Injuries
Incorrect use of forceps or vacuum extractors can result in broken bones or skull fractures, sometimes leading to internal bleeding or brain injury.
Hypoxic-Ischemic Encephalopathy (HIE)
This serious injury occurs when the baby’s brain doesn’t receive enough oxygen. It can lead to seizures, developmental delays, and long-term disabilities.
Each of these injuries can result from preventable medical negligence, and families have the right to seek justice when improper care is to blame.
What Compensation Can Families Receive for a Birth Injury?
When medical malpractice causes a birth injury, families may be entitled to financial compensation to cover both immediate and long-term costs. Damages often include:
- Medical expenses for surgeries, therapy, and ongoing treatment.
- Future care costs for rehabilitation and special needs support.
- Pain and suffering for emotional and physical distress.
- Loss of income for parents who must leave work to provide care.
At Phillips Law Offices, we help families pursue the maximum compensation possible to ensure their child receives the lifelong care they deserve. Our attorneys understand how to calculate the full impact of an injury—both financially and emotionally—so that families aren’t left struggling under the burden of medical bills and lost income.
How Long Do I Have to File a Birth Injury Lawsuit in Illinois?
In Illinois, the statute of limitations for medical malpractice involving a birth injury generally gives parents eight years from the date of the injury to file a claim. However, if the child passes away due to the injury, different time limits may apply.
Because legal deadlines can vary depending on the circumstances, it’s crucial to contact an experienced Chicago birth injury lawyer as soon as possible. Early investigation allows your attorney to preserve medical records, witness statements, and other key evidence before it becomes unavailable.
At Phillips Law Offices, we ensure that every detail is properly documented and every deadline is met to protect your family’s rights.
How Can a Birth Injury Lawyer Help My Family?
Hiring a skilled birth injury lawyer can make a tremendous difference in your case. An attorney can:
- Investigate the circumstances surrounding your child’s injury.
- Consult with medical experts to identify negligence.
- Negotiate settlements or take your case to trial when necessary.
- Handle insurance companies and hospital attorneys on your behalf.
At Phillips Law Offices in Chicago, Illinois, we have decades of experience helping families recover compensation for birth injuries caused by negligent medical professionals. We are known for our compassionate approach and our strong record of success in complex medical malpractice cases.
We understand that no amount of money can erase the trauma of a birth injury, but financial relief can ease the path to recovery and provide security for your child’s future.
What Should I Do If I Suspect a Birth Injury?
If you believe your child’s condition may have resulted from medical negligence, seek immediate legal guidance. Do not accept the hospital’s explanation without a full review by an independent expert. Gather all relevant medical records, including prenatal care, labor, and delivery documentation.
Next, contact a birth injury attorney who specializes in these cases. A qualified lawyer can review your evidence, consult medical professionals, and determine whether you have grounds for a malpractice lawsuit.
At Phillips Law Offices, we offer Free Consultation | No Fee Unless You Win. You can reach us today at (312) 598-1829 or visit our office at 161 N Clark St, Suite 4925, Chicago, IL. Our team is ready to help your family pursue justice and secure the compensation your child deserves.
Why Choose Phillips Law Offices for Your Birth Injury Case?
With decades of experience and a strong record of successful verdicts, Phillips Law Offices has earned a reputation as one of Chicago’s leading medical malpractice firms. Our attorneys combine deep medical knowledge with aggressive legal representation, ensuring every client receives the highest level of care and commitment.
We are dedicated to holding negligent doctors, nurses, and hospitals accountable for the harm they cause. Families throughout Illinois trust us because we provide personalized attention, honest advice, and unwavering advocacy. When you choose Phillips Law Offices, you’re not just hiring lawyers—you’re partnering with a team that truly cares about your child’s future.
Call for a Free Consultation Today
If your child suffered a birth injury due to medical negligence, you don’t have to face the battle alone. Let our experienced team of Birth Injury Attorney at Phillips Law Offices stand by your side. We will investigate your case, work with top medical experts, and fight to secure the compensation you deserve.
📞 Call us today at (312) 598-1829
🏢 Visit us at 161 N Clark St, Suite 4925, Chicago, IL
💼 Free Consultation | No Fee Unless You Win
Our compassionate legal professionals are ready to guide you every step of the way and help you find justice for your child.
Interesting Reads:
Understanding Your Rights After a Birth Injury in Illinois
Most Common Examples of Medical Negligence in Birth Injury Cases