Understanding Birth Injuries
What’s the difference between a birth injury and a birth defect?
Birth injuries are harm that occurs during labor, delivery, or shortly after birth—often due to medical negligence. Birth defects are conditions that develop during pregnancy, typically from genetic or environmental factors. While birth defects aren’t usually caused by medical negligence, some can be worsened by improper care during delivery.
What are the most common birth injuries?
- Cerebral palsy: Brain damage causing movement and coordination problems
- Hypoxic-ischemic encephalopathy (HIE): Brain damage from oxygen deprivation
- Erb’s palsy/brachial plexus injury: Nerve damage affecting arm movement
- Facial nerve palsy: Facial paralysis from delivery pressure
- Intracranial hemorrhage: Bleeding in or around the brain
- Spinal cord injuries: From improper handling during delivery
How do I know if my child’s injury was caused by medical negligence?
Signs that medical negligence may have caused your child’s injury include:
- Delayed emergency C-section when fetal distress was present
- Improper use of forceps or vacuum extractors
- Failure to monitor fetal heart rate
- Failure to diagnose or respond to umbilical cord problems
- Excessive force during delivery
- Delayed resuscitation after birth
- Medication errors or improper dosing
Learn more about injuries from forceps and vacuum extraction.
Legal Questions
How long do I have to file a birth injury lawsuit in Illinois?
Illinois has special rules for medical malpractice involving minors under 735 ILCS 5/13-212:
- Claims must be filed within 8 years of the negligent act
- But no later than the child’s 22nd birthday
- For children under 18, the statute is tolled during minority
However, acting quickly preserves evidence and witness memories. Don’t wait years to investigate.
Who can be held liable for a birth injury?
- Obstetricians: For delivery decisions, C-section delays, improper techniques
- Midwives: For failure to recognize complications requiring physician intervention
- Nurses: For monitoring failures, medication errors, communication breakdowns
- Anesthesiologists: For epidural complications, medication errors
- Hospitals: For staffing failures, inadequate policies, defective equipment
- Neonatologists: For NICU negligence, treatment delays
Learn about NICU negligence claims.
What must be proven in a birth injury case?
To win a birth injury malpractice case, you must prove:
- Doctor-patient relationship: The provider owed a duty of care
- Breach of standard of care: The provider deviated from accepted medical practice
- Causation: The breach caused the injury
- Damages: The child suffered harm requiring compensation
Expert medical testimony is required to establish the standard of care and how it was violated.
Compensation Questions
What damages can be recovered in a birth injury case?
- Past and future medical expenses: All treatment related to the injury
- Rehabilitation costs: Physical therapy, occupational therapy, speech therapy
- Special education expenses: Educational accommodations and services
- Adaptive equipment: Wheelchairs, communication devices, home modifications
- Attendant care: Nursing, home health aides, caregiving costs
- Lost earning capacity: Future income the child will never earn
- Pain and suffering: Physical and emotional distress
- Loss of normal life: Impact on the child’s quality of life
How much is a birth injury case worth?
Birth injury cases often involve the largest verdicts and settlements in personal injury law because:
- Lifetime care costs can reach millions of dollars
- Lost earning capacity spans an entire career
- Pain and suffering damages are substantial
- Illinois has no cap on economic damages in medical malpractice
See our guide on life care planning and expected costs for detailed information.
How do hospitals compare for birth injury rates?
Chicago hospitals vary in their resources, staffing levels, and birth injury outcomes. Our guide on Chicago hospital birth injury statistics provides information on understanding and comparing hospital performance.
Process Questions
How long does a birth injury case take?
Birth injury cases are complex and typically take 2-4 years or longer to resolve. Steps include:
- Medical record collection and review
- Expert medical evaluation
- Filing lawsuit and serving defendants
- Discovery (depositions, document exchange)
- Expert witness disclosures
- Mediation/settlement negotiations
- Trial (if no settlement reached)
What is a life care plan?
A life care plan is a comprehensive document prepared by medical and rehabilitation experts that outlines all future care needs and costs for your child. It serves as the foundation for calculating damages and ensures settlements cover lifetime needs. Learn more in our detailed guide on life care planning after birth injury.
How will a settlement be structured for my child?
Settlements for minors require court approval under 735 ILCS 5/2-1301. Common structures include:
- Special needs trusts: Protect eligibility for government benefits
- Structured settlements: Tax-free periodic payments over time
- Guardian supervision: Court oversight of funds management
Getting Help Questions
How much does a birth injury attorney cost?
Birth injury attorneys work on contingency fees—you pay nothing unless you win. The attorney’s fee is a percentage of the recovery, so there’s no financial risk to pursuing your child’s case.
How do I get my child’s medical records?
You have a right to your child’s medical records under HIPAA. Request records from the hospital, obstetrician, pediatrician, and any specialists. Your attorney can help obtain complete records and ensure nothing is missing.
What if I signed consent forms?
Signing consent forms does not waive your right to sue for malpractice. Consent forms acknowledge risks of procedures but don’t excuse negligent care. You cannot consent to below-standard treatment.
Contact Our Chicago Birth Injury Attorneys
If your child suffered a birth injury, you need attorneys experienced in medical malpractice and life care planning. Our Chicago birth injury lawyers work with medical experts to investigate what happened and fight for compensation that truly covers your child’s lifetime needs.
Contact Phillips Law Offices today for a free consultation. We’ll review your case, answer your questions, and help you understand your family’s options.
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