A birth injury can change a family’s life in an instant. When a newborn suffers harm due to a medical error, parents are left feeling heartbroken, confused, and unsure about what to do next. The first few days and weeks after such an incident are crucial — both for the baby’s medical care and for protecting your family’s legal rights.
At Phillips Law Offices, our Chicago birth injury lawyers have guided countless families through this painful experience. We know the steps to take immediately after a suspected birth injury can make all the difference in ensuring your child gets the care and compensation they deserve.
This article outlines exactly what to do after a birth injury, from seeking proper medical treatment to consulting an experienced birth injury attorney in Illinois.
1. Ensure Your Child Receives Immediate Medical Attention
The very first priority after any suspected birth injury is your child’s health. Some injuries are visible right away, such as bruising, fractures, or difficulty breathing. Others may take days or even weeks to become apparent — such as developmental delays, seizures, or lack of muscle tone.
You should:
- Request an immediate evaluation by a neonatologist or pediatric specialist.
- Ensure all imaging, lab results, and hospital notes are preserved.
- Ask for referrals to neurologists or developmental experts if the doctor suspects oxygen deprivation or brain injury.
Keep a detailed record of every medical visit, diagnosis, and treatment plan. These records will later serve as key evidence if you pursue a legal claim.
At Phillips Law Offices, we often collaborate with leading medical experts to assess your child’s condition and determine whether malpractice may have occurred.
2. Request All Medical Records and Documentation
Hospitals maintain detailed records of labor and delivery, including fetal monitoring strips, doctor’s notes, anesthesia records, and medication logs. These documents can provide critical insight into what went wrong.
Parents have the legal right to request copies of all medical records related to the birth. Ask for:
- Maternal records (prenatal, labor, and postpartum)
- Neonatal records (Apgar scores, oxygen levels, NICU reports)
- Notes from every attending doctor and nurse
It’s important to request these records as soon as possible, as hospitals may retain them for a limited time.
Our attorneys at Phillips Law Offices can formally request and review these documents, ensuring no evidence is lost or altered.
3. Monitor Your Baby’s Development Closely
Not all birth injuries are apparent immediately. Some may reveal themselves as your child grows, such as motor skill delays, feeding difficulties, or cognitive impairments.
Keep track of:
- Missed developmental milestones
- Changes in muscle strength or coordination
- Vision, hearing, and speech delays
A consistent pediatric follow-up schedule helps identify long-term effects early and allows you to access appropriate therapy and care. In our experience, ongoing medical monitoring also strengthens your legal case by documenting the extent of the injury over time.
4. Document Everything
From the very beginning, keep a written log of everything related to your child’s birth and health. Include:
- Names and roles of all medical providers involved in delivery
- Dates of appointments, test results, and treatments
- Conversations with doctors, nurses, and hospital staff
- Expenses related to your child’s care
These details may seem small now, but they can become powerful evidence in proving negligence. Families often underestimate how essential consistent documentation is in a Chicago birth injury lawsuit.
5. Consult an Experienced Birth Injury Lawyer
After your child’s immediate medical needs are addressed, it’s time to seek legal help. Medical malpractice law in Illinois is highly technical and time-sensitive. You typically have two years from the date of discovery to file a claim, though there are exceptions when the injured party is a minor.
A skilled Chicago birth injury attorney can:
- Review medical records with professional experts.
- Determine if negligence caused the injury.
- Identify all liable parties (doctor, nurse, or hospital).
- Handle insurance negotiations and legal filings.
At Phillips Law Offices, we handle every aspect of the case so you can focus on caring for your child. We’ve recovered millions in compensation for Illinois families affected by preventable birth injuries.
6. Avoid Signing or Accepting Settlement Offers Too Early
Hospitals and insurance companies may try to offer a quick settlement soon after a birth injury. While tempting, these early offers rarely reflect the true lifetime cost of medical care, therapy, and support your child will need.
Before signing anything, speak with your attorney. At Phillips Law Offices, we evaluate each case carefully, considering future expenses such as:
- Physical, occupational, and speech therapy
- Medical devices and assistive technology
- In-home nursing or rehabilitation care
- Educational and developmental services
A premature settlement could leave your family without enough financial support for long-term care needs.
7. Understand the Potential Long-Term Impact
Many birth injuries, such as cerebral palsy, Erb’s palsy, or brain damage, result in lifelong disabilities requiring continuous care. These challenges affect not just the child but the entire family emotionally, financially, and socially.
Our firm often works with economic experts and medical planners to calculate the full cost of a child’s future care. This ensures any legal settlement or verdict reflects the real impact of the injury.
8. Take Care of Yourself and Seek Emotional Support
Parents coping with a birth injury experience profound emotional strain. Feelings of guilt, anger, and helplessness are common — but it’s important to remember that this wasn’t your fault.
Consider joining a local support group in Chicago or Illinois, connecting with other parents of children with disabilities, or speaking with a licensed counselor. Taking care of your mental health is essential for your family’s long-term well-being.
9. Stay Informed and Involved in Your Child’s Care
As your child grows, stay actively involved in their treatment and therapy plans. Ask questions, research options, and ensure every professional involved understands your child’s medical history.
Our attorneys often help clients access community resources, state-funded programs, and support services for children with disabilities. The goal is not just to seek justice but to ensure your child has every opportunity for a fulfilling life.
10. Contact Phillips Law Offices for Help
If your child has suffered a birth injury due to suspected medical negligence, you don’t have to face this battle alone.
At Phillips Law Offices, our Chicago birth injury lawyers will:
- Conduct a thorough medical-legal review of your case.
- Work with top healthcare experts to prove liability.
- Fight tirelessly to secure full compensation for your child’s needs.
📞 Call us today at (312) 598-1829
📍 Visit us at 161 N Clark St, Suite 4925, Chicago, IL 60601
💬 Free Consultation | No Fee Unless You Win
Let our experience and dedication help your family find justice, peace, and financial stability.
Interesting Reads:
Most Common Examples of Medical Negligence in Birth Injury Cases