Every year, thousands of infants in Illinois suffer preventable birth injuries due to medical negligence. Understanding the statistics, common injury types, and your legal rights is the first step toward holding negligent healthcare providers accountable and securing your child’s future care needs.
Birth Injury Statistics in Illinois
According to data from the Illinois Department of Public Health and national studies:
- Approximately 6-8 birth injuries occur per 1,000 live births in the United States
- Illinois sees over 140,000 births annually, meaning hundreds of birth injuries each year
- Cerebral palsy affects approximately 1 in 345 children, often due to oxygen deprivation during delivery
- Brachial plexus injuries (including Erb’s palsy) occur in 1-3 per 1,000 births
- Studies suggest 50% or more of birth injuries are preventable with proper medical care
Types of Preventable Birth Injuries
Hypoxic-Ischemic Encephalopathy (HIE)
Brain damage from oxygen deprivation during labor and delivery. Causes include umbilical cord problems, placental abruption, prolonged labor, and delayed emergency C-sections. HIE can result in cerebral palsy, developmental delays, and cognitive impairments.
Cerebral Palsy
A group of disorders affecting movement and muscle coordination, often caused by brain damage before, during, or shortly after birth. When caused by medical negligence—such as failure to recognize fetal distress—families may have a malpractice claim.
Erb’s Palsy and Brachial Plexus Injuries
Damage to the nerve network controlling the arm, typically caused by excessive pulling during delivery or improper management of shoulder dystocia. Can result in permanent weakness or paralysis of the affected arm.
Facial Nerve Injuries
Often caused by improper use of forceps or vacuum extractors, resulting in facial paralysis or weakness.
Bone Fractures
Clavicle and other fractures can occur during difficult deliveries, particularly when excessive force is used.
Illinois Medical Malpractice Law for Birth Injuries
To prove a birth injury malpractice claim in Illinois, you must establish:
- Duty: The healthcare provider had a duty to provide care meeting professional standards
- Breach: The provider failed to meet that standard (negligence)
- Causation: The negligence caused your child’s injury
- Damages: Your child suffered actual harm
Under Illinois law, expert testimony from a qualified medical professional is required to establish the standard of care and how it was breached.
Special Statute of Limitations for Minors
Illinois provides extended time to file birth injury claims. Under 735 ILCS 5/13-212, the statute of limitations for medical malpractice involving minors is:
- 8 years from the date of the negligent act, OR
- Before the child’s 22nd birthday, whichever comes first
This extended period recognizes that some birth injuries aren’t immediately apparent and that children need protection until they can act on their own behalf.
Your Rights as a Parent
Right to Medical Records
Under federal HIPAA regulations and Illinois law, you have the right to obtain complete copies of your child’s medical records, including:
- Prenatal care records
- Fetal monitoring strips
- Labor and delivery notes
- Nursing notes
- Operative reports (if C-section performed)
- Neonatal records
Request these records promptly—hospitals must maintain them for years, but obtaining them early ensures nothing is lost or altered.
Right to an Expert Review
Under 735 ILCS 5/2-622, before filing a medical malpractice lawsuit, your attorney must have a qualified medical expert review the case and provide a written report stating there is reasonable and meritorious cause for the lawsuit.
Damages Available in Illinois Birth Injury Cases
Compensation in birth injury cases can include:
- Past and Future Medical Expenses: Surgeries, therapy, medications, adaptive equipment
- Life Care Costs: 24/7 care needs for severely injured children
- Special Education: Costs of specialized schooling and services
- Lost Earning Capacity: Your child’s diminished ability to earn income as an adult
- Pain and Suffering: Physical pain and emotional distress
- Parents’ Damages: Emotional distress, loss of society, additional caregiving burdens
Note: Illinois has no cap on damages in medical malpractice cases after the Illinois Supreme Court struck down damage caps as unconstitutional.
Choosing the Right Birth Injury Attorney
Birth injury cases are among the most complex medical malpractice claims. Look for an attorney who:
- Focuses specifically on birth injury and medical malpractice
- Has access to qualified medical experts in obstetrics and neonatology
- Has a track record of substantial birth injury verdicts and settlements
- Works on contingency—no fee unless you recover compensation
Contact our office for a free, confidential consultation. We’ll review your child’s medical records, consult with medical experts, and honestly assess whether you have a case—at no cost to you.