Chicago Birth Injury Attorney
If something went wrong during labor or delivery and your child suffered a birth injury, you have the right to demand answers.
Ankin Law represents injured families throughout Chicago and Illinois to hold negligent healthcare providers and medical institutions accountable. We investigate birth injury cases to determine what happened, whether the injury could have been prevented, and who should be held responsible.
A birth injury lawsuit is about more than paying today’s medical bills. It is about making sure your child has the resources he or she may need throughout life. Our Chicago birth injury attorneys work with families facing the long-term consequences of injuries caused by medical negligence, including the cost of future medical treatment, therapy, assistive care, lost earning capacity, and other needs that may follow a child for years.
“When your child has been seriously injured, you should not have to fight a hospital or insurance company just to be heard. We step in, take that fight on, and make sure your family’s case is taken seriously.”
— Attorney Howard Ankin
Call the Chicago birth injury lawyers at Ankin Law to secure your family’s financial future. (312) 600-0000.
Table of Contents
Common Causes of Birth Injuries
Some birth injuries happen despite everyone doing everything right. Others happen because a doctor or nurse missed something they should have caught, or waited too long to act. Knowing what happened to your child is the first step toward holding the right people accountable.
In Chicago hospitals, we see birth injuries trace back to:
- Prolonged or Difficult Labor: Labor that lasts too long or does not progress normally can increase the risk of injury to both the mother and baby.
- Fetal Distress: A reduced oxygen supply caused by umbilical cord complications, placental abruption, or other issues can lead to brain damage and other serious injuries if healthcare providers do not respond promptly.
- Delayed or Improper Medical Intervention: Failing to recognize warning signs, delaying a necessary C-section, or improperly using forceps or vacuum extractors can cause preventable birth injuries.
- Maternal Health Conditions: Conditions such as preeclampsia, gestational diabetes, infections, and high blood pressure can increase the risk of complications during delivery.
- Multiple Births: Twins, triplets, and other multiple pregnancies often require closer monitoring because they carry a higher risk of delivery complications.
- Macrosomia: Babies with a higher-than-average birth weight may experience difficult deliveries, increasing the risk of trauma during birth.
- Abnormal Fetal Position: Breech or transverse presentations can complicate delivery and may require additional medical intervention.
- Premature Birth: Babies born before 37 weeks of pregnancy are more vulnerable to injuries because their organs and bodies are not fully developed.
Not every birth injury results from medical negligence. However, when healthcare providers fail to meet the accepted standard of care, parents may have grounds to pursue compensation for the harm their child suffered.
What Are Common Types of Birth Injuries?
Birth injuries range from temporary conditions to permanent disabilities that require lifelong care. If your child suffered a birth injury, understanding the type of injury can help you make informed decisions about medical treatment and your legal options.
Brachial Plexus Injuries
Brachial plexus injuries occur when the nerves in a baby’s shoulder and arm are stretched, compressed, or torn during delivery. These injuries can happen during a difficult birth, particularly when the baby’s shoulder becomes lodged behind the mother’s pelvic bone or excessive force is used. More serious injuries can result in conditions such as Erb’s palsy or Klumpke’s palsy and may require physical therapy or surgery.
Cerebral Palsy
Cerebral palsy is a neurological condition caused by damage to the developing brain. In some birth injury cases, oxygen deprivation, infection, or trauma before, during, or shortly after delivery may contribute to the condition. Cerebral palsy can affect movement, coordination, muscle control, and other functions, and some children require ongoing therapy, assistive devices, and long-term care.
Fractures
Fractures, particularly of the collarbone or clavicle, can occur during difficult deliveries. Large infant size, breech presentation, or the improper use of forceps or vacuum extractors may contribute to these injuries. Many fractures heal with appropriate medical treatment, although some children require additional care.
Perinatal Asphyxia
Perinatal asphyxia occurs when a baby does not receive enough oxygen or blood flow before, during, or immediately after birth. Placental problems, umbilical cord complications, prolonged labor, or delayed medical intervention may contribute to oxygen deprivation. Severe cases can result in brain damage, developmental delays, cerebral palsy, or other serious complications.
Facial Nerve Damage
Facial nerve damage can occur when excessive pressure or improperly used forceps injure the nerves that control facial movement. The injury may cause weakness or paralysis on one side of the face. Some children recover within weeks or months, while more serious cases may require additional treatment or surgery.
Caput Succedaneum and Cephalohematoma
Caput succedaneum is swelling of a baby’s scalp, while cephalohematoma involves bleeding beneath the scalp. Both can develop after prolonged or difficult labor. Although these conditions often resolve without lasting effects, they may require monitoring for complications such as jaundice or infection.
What Can You Recover in a Birth Injury Lawsuit?
If your child suffered a birth injury because of medical negligence, you may be able to recover compensation for the losses your family has suffered. A successful birth injury lawsuit can help you secure the resources needed for your child’s medical care, long-term support, and future well-being while holding the responsible party accountable.
Depending on the circumstances of your case, you may be able to recover compensation for:
- Medical Expenses: Past, current, and future costs for hospital stays, surgeries, medications, and ongoing medical care.
- Rehabilitation and Therapy: Physical therapy, occupational therapy, speech therapy, and other treatments your child may need to maximize independence and development.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and lasting effects the birth injury has had on your child and your family.
- Reduced Future Earning Capacity: If the injury results in a permanent disability, compensation may account for your child’s diminished ability to earn a living as an adult.
- Home Modifications and Assistive Devices: Costs associated with wheelchair ramps, accessible living spaces, mobility equipment, communication devices, and other accommodations.
- Special Education and Support Services: Expenses related to individualized education programs, specialized instruction, tutoring, and other resources your child may require.
The compensation available depends on the severity of the injury and its impact on your child’s life. An experienced birth injury attorney with Ankin Law can evaluate your claim, explain your legal options, and fight to recover the compensation your family needs to move forward.
Call us at (312) 600-0000. The call is free.
How Long Do You Have to File a Birth Injury Lawsuit in Illinois?
If your child was hurt during birth, the clock is already running. Illinois law puts a limit on how long you have to file a claim, and missing it can cost your family the compensation you’re owed.
In most cases, you have eight years from the date of the injury to file. But when the injured person is a minor, the rules shift. Depending on the circumstances, your child’s deadline may extend until their 22nd birthday.
Exceptions exist, but waiting is still a risk. Evidence gets lost. Memories fade. Medical records get harder to track down the longer you wait. The sooner you talk to an attorney, the sooner we can start investigating what happened, locking down the evidence that matters, and protecting your family’s rights.
We’ll walk you through exactly which deadlines apply to your case, so a filing window doesn’t close on you before you’ve had the chance to act.
Maternal Birth Injuries
Birth injuries don’t only happen to babies. If you were hurt during pregnancy, labor, or delivery because of a healthcare provider’s negligence, you may have the right to pursue compensation through a medical malpractice claim.
Common maternal birth injuries include:
- Perineal Tears: Tears between the vagina and anus can occur during vaginal delivery. Severe tears may require surgery and can lead to long-term pain or other complications.
- Episiotomy Complications: Although episiotomies are less common today, an unnecessary or improperly performed procedure can result in pain, infection, and a prolonged recovery.
- Pelvic Floor Disorders: Childbirth can weaken the muscles and tissues that support the pelvic organs, leading to pelvic organ prolapse, urinary incontinence, or fecal incontinence. These conditions often require physical therapy or surgery.
- Postpartum Hemorrhage: Excessive bleeding after childbirth is a medical emergency that requires immediate diagnosis and treatment. Delayed care can result in serious or life-threatening complications.
Some maternal injuries can’t be prevented. Others happen because a provider missed warning signs, didn’t monitor you closely enough, or failed to act when it mattered. If you believe negligence played a role in your injury, we can review what happened, walk you through your options, and help you pursue compensation for your losses.
What Is the Difference Between a Birth Injury and a Birth Defect?
Although the terms are sometimes confused, birth injuries and birth defects are different. A birth injury usually occurs during labor or delivery and may result from medical negligence. A birth defect develops before birth and often has genetic or environmental causes.
Birth injuries occur during the process of labor and delivery, typically as trauma or harm caused to the infant. These injuries are often the result of medical negligence in the form of improper use of delivery tools, failure to monitor maternal or fetal health, or other failures in healthcare during childbirth. Birth injuries are typically preventable and are caused by factors that occur during the birthing process.
Birth defects are congenital conditions that are present at the time of birth. These abnormalities are sustained during pregnancy, often in the early stages of fetal development. Birth defects can affect various body systems and may be caused by genetic factors, exposure to environmental toxins, or maternal infections during pregnancy. Examples of birth defects include heart defects, cleft lip or palate, Down syndrome, and spina bifida. Unlike birth injuries, birth defects are not caused by medical negligence during labor and delivery.
Birth injuries may give rise to medical malpractice claims, while birth defects are only compensable under special circumstances. Distinguishing between birth injuries and birth defects is important when it comes to understanding their causes, seeking appropriate medical care, and determining legal recourse.
Common Causes of Birth Defects
Birth defects can result from a variety of conditions. Maternal health factors, exposure to environmental toxins, and dangerous or defective drugs can have an adverse impact on fetal development. Common causes of birth defects include:
- Genetic Factors: Inherited or spontaneous genetic mutations, such as Down syndrome or cystic fibrosis.
- Environmental Exposure: Exposure to certain harmful medications, alcohol, tobacco, chemicals, radiation, or other toxins during pregnancy. In some cases, a negligent party or drug manufacturer may be held liable.
- Maternal Health Conditions: Diabetes, high blood pressure, infections, and other health conditions that affect fetal development.
- Nutritional Deficiencies: Poor maternal nutrition or inadequate vitamin intake during pregnancy.
- Chromosomal Abnormalities: Errors in chromosome development that occur before birth, such as Turner syndrome or Edwards syndrome.
In many cases, the exact cause of a birth defect may not be identifiable. Sometimes, multiple factors may contribute to their occurrence. Genetic counseling, prenatal screening, and regular prenatal care are vital in identifying and managing potential risk factors, promoting healthy pregnancies, and providing appropriate support and treatment for infants with birth defects.
Can You Sue for a Birth Defect?
Birth defects are typically considered natural occurrences, rather than grounds for legal action. Birth defects often result from genetic factors, chromosomal abnormalities, or other natural processes during fetal development. These occurrences are usually beyond the control of healthcare professionals or anyone else.
However, there are exceptions where legal action may be pursued.
If a birth defect can be attributed to medical negligence, such as a failure to diagnose or properly treat a condition during pregnancy, or if it can be proven that a medication or medical device caused the defect, a lawsuit may be possible.
Such cases would involve demonstrating that the healthcare provider or manufacturer acted negligently or failed to provide appropriate care, resulting in harm to the child.
Who Can Be Held Liable in a Birth Injury Lawsuit?
Liability in a birth injury lawsuit depends on what caused your child’s injury and who failed to provide the accepted medical standard of care. In some cases, more than one person or organization may share responsibility. An experienced birth injury attorney can investigate the circumstances surrounding the delivery to identify all liable parties.
Healthcare Providers
Obstetricians, nurses, midwives, anesthesiologists, and other medical professionals may be held liable if their negligence caused your child’s injury. Examples include failing to monitor the mother or baby, delaying a necessary C-section, improperly using forceps or vacuum extractors, or making medication errors during labor and delivery.
Hospitals and Medical Facilities
A hospital or medical facility may also be responsible if inadequate staffing, poor training, defective equipment, or unsafe policies contributed to the birth injury. Healthcare facilities have a duty to provide a safe environment and qualified medical personnel.
Pharmaceutical Companies
If a medication taken during pregnancy caused a birth injury because the manufacturer failed to warn about known risks, the pharmaceutical company may be held liable under product liability laws.
Medical Device Manufacturers
Defective medical devices used during pregnancy, labor, or delivery may also cause birth injuries. In these cases, the manufacturer or distributor of the device may be responsible for the harm caused.
Determining liability often requires a thorough review of medical records and consultation with qualified medical experts. Identifying every responsible party can help maximize the compensation available to support your child’s future.
Frequently Asked Questions About Birth Injury Lawsuits
If your child suffered a birth injury, you likely have questions about your legal rights and what happens next. The following answers address common concerns that many families have after learning a preventable medical error may have contributed to their child’s injury.
How can I tell whether my child's birth injury was caused by medical negligence?
Not every birth injury results from medical negligence. However, if a healthcare provider failed to recognize signs of fetal distress, delayed a necessary C-section, improperly used delivery instruments, or failed to meet the accepted standard of care, negligence may have played a role. An attorney can review your medical records with qualified medical professionals to determine whether you have a valid claim.
What evidence is needed to prove a birth injury lawsuit?
Birth injury cases often rely on medical records, fetal monitoring strips, imaging studies, hospital policies, and testimony from qualified medical experts. Your attorney may also gather witness statements and documentation showing the long-term impact the injury has had on your child’s life. Preserving this evidence as early as possible can strengthen your claim.
Will filing a birth injury lawsuit affect my child's medical care?
No. Filing a lawsuit does not prevent your child from receiving ongoing medical treatment. Your priority should always be your child’s health and recovery. A birth injury claim is a separate legal process that seeks compensation for the financial and personal losses caused by preventable medical errors.
How much does it cost to hire a birth injury attorney?
We handle these cases on contingency. That means no upfront fees, and we only get paid if you recover compensation. We’ll walk you through exactly how costs work during your consultation.
Contact Our Birth Injury Attorneys Today
If your child suffered a birth injury or you experienced a preventable maternal birth injury, you do not have to navigate the legal process alone. The experienced attorneys at Ankin Law can review your case, explain your legal options, and work to hold the responsible healthcare providers accountable. We understand the challenges families face after a birth injury and are committed to helping you pursue the compensation needed for medical care, ongoing support, and your family’s future.
Call Ankin Law today at (312) 600-0000 to schedule a free consultation with an experienced birth injury attorney.