A birth injury can change your family’s life in an instant. If you believe a preventable medical mistake during pregnancy, labor, delivery, or newborn care harmed your child, Duncan Law Group can help you understand your options.
Our Chicago birth injury attorneys represent families throughout Greater Chicago in complex medical malpractice claims. We offer free consultations, are available 24/7, and handle cases on a contingency-fee basis, so you pay no attorney’s fees unless we recover compensation for you.
Call Duncan Law Group at (312) 202-3283 to discuss your family’s situation in a confidential, no-obligation case review.
What Is a Birth Injury?
A birth injury is harm to a baby or mother that occurs during pregnancy, labor, delivery, or shortly after birth. These injuries can range from temporary conditions to serious, lifelong disabilities, and they may affect a child’s movement, development, cognitive function, or need for ongoing medical care.
Some birth injuries occur despite appropriate medical care. Others may be associated with preventable medical errors, such as a failure to monitor fetal distress, recognize complications, communicate critical information, or provide timely treatment. A careful review of the medical records can help determine whether the care provided met the applicable standard of care.
What Causes a Birth Injury?
Pregnancy and childbirth require careful monitoring and timely decisions. A medical provider may be responsible when they fail to identify a complication, delay treatment, misuse medication or delivery tools, or otherwise depart from the standard of care.
Potentially negligent conduct may include:
- Failing to monitor fetal heart-rate patterns
- Delaying an emergency cesarean delivery when signs of distress are present
- Failing to recognize umbilical cord compression, cord prolapse, or placental complications
- Improperly managing shoulder dystocia
- Pulling too forcefully on a baby’s head, neck, or shoulders
- Misusing forceps or a vacuum extractor
- Failing to diagnose or manage maternal infections, preeclampsia, gestational diabetes, or high blood pressure
- Failing to respond to signs of oxygen deprivation
- Medication, anesthesia, or dosage errors
- Inadequate communication among labor-and-delivery staff
- Improper postpartum monitoring of the mother or newborn
No two cases are the same. A poor outcome alone does not necessarily establish malpractice, but a birth injury attorney can evaluate whether a medical error may have contributed to the harm.
Birth Injury vs. Birth Defect: Understanding the Difference
A birth injury and a birth defect are not the same thing.
A birth injury is an injury that occurs during pregnancy, labor, delivery, or shortly after birth. It may result from trauma, oxygen deprivation, infection, or a medical provider’s failure to act promptly.
A birth defect is generally a condition that develops before birth, often because of genetic factors, developmental issues, or prenatal exposures. Some conditions may have multiple causes, which is why experienced medical experts are often essential in determining whether negligent care played a role.
Families deserve clear answers, not assumptions. Duncan Law Group can review the circumstances surrounding your child’s condition and help determine whether further investigation is appropriate.
Birth Injury Statistics
Pregnancy, labor, and delivery involve serious medical risks that require careful monitoring and timely treatment. While not every birth injury is preventable, failures to recognize complications, communicate effectively, or respond to signs of fetal or maternal distress can cause devastating harm.
Some medical conditions and injuries commonly associated with pregnancy and delivery include:
- Cerebral palsy: Cerebral palsy is the most common motor disability in childhood. The CDC’s latest tracking data estimate that approximately 2.4 out of every 1,000 U.S. children age 8 have cerebral palsy. Cerebral palsy can have many causes, and a diagnosis does not by itself establish medical negligence. However, preventable brain injuries around the time of birth, including injuries associated with oxygen deprivation, may contribute in some cases.
- Brachial plexus injuries and Erb’s palsy: A brachial plexus birth injury can affect the nerves controlling the shoulder, arm, and hand. Erb’s palsy is one type of brachial plexus injury. Recent U.S. research estimates neonatal brachial plexus palsy occurs in approximately 0.9 per 1,000 live births, although rates can vary by study population and definition.
- Preeclampsia: Preeclampsia is a serious pregnancy complication involving high blood pressure that generally develops after 20 weeks of pregnancy. It occurs in about 1 in 25 pregnancies in the United States. Prompt diagnosis, monitoring, and treatment can be critical to protecting both the mother and baby from severe complications.
- Hypoxic-ischemic encephalopathy: Hypoxic-ischemic encephalopathy, often called HIE, is a brain injury caused by reduced oxygen or blood flow around the time of birth. Research estimates that HIE occurs in approximately 1 to 3 per 1,000 births in developed countries. Abnormal fetal heart-rate patterns, placental complications, umbilical cord emergencies, and delayed delivery can require prompt medical evaluation and intervention.
- Postpartum hemorrhage: Postpartum hemorrhage is excessive bleeding after childbirth and can be a life-threatening maternal emergency. A large U.S. study found that postpartum hemorrhage complicated approximately 3.0% of delivery hospitalizations between 2000 and 2019, with the rate increasing from 2.7% to 4.3% during that period.
Common Types of Birth Injuries
Birth injuries can occur when complications arise during pregnancy, labor, delivery, or shortly after birth. While some conditions are unavoidable, others may be linked to a failure to properly monitor the mother or baby, recognize warning signs, communicate with the delivery team, or take timely action when complications develop.
A difficult delivery does not automatically mean that a doctor, nurse, or hospital was negligent. However, when a healthcare provider fails to meet the accepted standard of care and that failure contributes to a child’s injury, the family may have grounds to pursue a medical malpractice claim. Duncan Law Group can help families investigate what happened and determine whether preventable errors may have played a role.
Cerebral Palsy
Cerebral palsy is a group of disorders that can affect movement, muscle tone, posture, balance, and coordination. It may result from abnormal brain development or injury to the developing brain, and symptoms can range from mild motor challenges to significant, lifelong disabilities.
Not every cerebral palsy diagnosis is caused by medical negligence. However, a preventable brain injury around the time of birth may contribute in some cases, particularly when providers fail to respond appropriately to fetal distress, placental abruption, infection, umbilical cord complications, or signs that the baby is not receiving adequate oxygen or blood flow.
Erb's Palsy and Brachial Plexus Injuries
The brachial plexus is a network of nerves extending from the neck through the shoulder and into the arm and hand. A brachial plexus injury can cause weakness, limited movement, numbness, or paralysis in the affected arm. Erb’s palsy is a type of brachial plexus injury that often affects the upper arm and shoulder.
These injuries may occur during a difficult delivery, including one involving shoulder dystocia, when the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Providers sometimes must act quickly to deliver the baby, but excessive force or improper traction on the head, neck, or shoulders can damage delicate nerves. Depending on the severity, a child may need physical therapy, occupational therapy, surgery, or long-term care.
Hypoxic-Ischemic Encephalopathy (HIE) and Oxygen Deprivation
Hypoxic-ischemic encephalopathy, commonly called HIE, is a type of brain injury caused by reduced oxygen or blood flow to the brain around the time of birth. It can occur in connection with fetal distress, placental abruption, uterine rupture, maternal infection, umbilical cord compression, cord prolapse, or other serious delivery complications.
Healthcare providers should carefully monitor fetal heart-rate patterns and act promptly when signs of distress appear. A delay in ordering an emergency C-section, responding to a cord emergency, treating an infection, or addressing other warning signs may increase the risk of serious complications. HIE can lead to developmental delays, seizure disorders, cerebral palsy, cognitive impairment, and other lasting challenges.
Shoulder Dystocia
Shoulder dystocia is an obstetric emergency that occurs when a baby’s shoulder becomes trapped behind the mother’s pelvic bone after the head has been delivered. It can place the baby at risk of oxygen deprivation, brachial plexus injury, fractures, and other serious harm if the delivery team does not respond appropriately.
Certain factors, including gestational diabetes, fetal macrosomia, prior shoulder dystocia, and prolonged labor, may increase the risk of this complication. A provider may be expected to identify risk factors, prepare for a difficult delivery, use appropriate maneuvers, and avoid excessive force. When a medical team fails to recognize or properly respond to shoulder dystocia, the resulting injuries may warrant further investigation.
Facial Nerve and Spinal Cord Injuries
Facial nerve injuries can occur when pressure is placed on a baby’s face during delivery, including during a prolonged labor or the use of forceps. A child may have facial weakness, difficulty closing one eye, problems feeding, or an uneven facial appearance when crying. Some facial nerve injuries improve with time, while others may require continued medical evaluation and treatment.
Spinal cord injuries are less common but can be catastrophic. They may occur when excessive force, improper positioning, or trauma during delivery damages the spinal cord or surrounding structures. Depending on the location and severity of the injury, a child may experience weakness, paralysis, impaired sensation, breathing difficulties, or lifelong mobility limitations.
Signs Your Child May Have Suffered a Birth Injury
Symptoms are not always apparent immediately. Some infants display signs in the delivery room, while other developmental issues become clearer over time.
Possible signs may include:
- Seizures or unusual movements
- Difficulty breathing or requiring resuscitation at birth
- A low Apgar score
- Trouble feeding, swallowing, or latching
- Weakness or lack of movement in one arm
- Floppiness, stiffness, or unusual muscle tone
- Persistent crying or inconsolability
- Delayed crawling, walking, talking, or other developmental milestones
- Poor coordination or balance
- Learning difficulties or cognitive delays
- A diagnosis of cerebral palsy, HIE, brachial plexus injury, or developmental delay
These signs do not prove negligence. They do, however, make it important to seek appropriate medical care and preserve the records that may explain what happened.
Who Can Be Held Liable for a Birth Injury in Illinois?
All medical professionals, including obstetricians, nurses, surgeons, and physicians, have a duty to uphold a certain standard of care while treating patients. If any provider deviates from this standard of care and causes harm to a patient, he or she may be liable for the patient’s damages. In some cases, a healthcare facility such as a hospital or clinic may also be at fault for the actions of its employees.
A Chicago birth injury attorney from Duncan Law Group can help you gather the necessary evidence to support these claims and hold the at-fault party accountable for the birth injury. Documents such as medical records, expert witness testimony, scientific studies, and independent medical evaluations can help establish you and your injured child’s right to recovery.
Proving Negligence in an Illinois Birth Injury Claim
To prove an Illinois birth injury lawsuit, you will need to prove that the at-fault medical provider’s actions deviated from what a reasonably prudent and similarly trained medical professional would have done under the same circumstances.
You will need to provide sufficient evidence to support the following four elements:
- The at-fault party owed you a duty of care. A healthcare provider generally owes a duty to provide care to the patient consistent with the applicable professional standard of care.
- The at-fault party breached his or her duty of care through a negligent act or failure to act.
- The at-fault party’s breach of duty caused the birth injury.
- You, your child, and your family sustained damages due to the birth injury that you can collect in your lawsuit.
Compensation Available in a Birth Injury Lawsuit
If a birth injury claim is successful, compensation may be available for the economic and non-economic losses the child and family have suffered. Economic damages refer to the tangible, financial losses you experienced. On the other hand, non-economic damages involve the intangible pain and suffering you and your injured child endured.
Depending on the facts of the case, recoverable damages may include the following:
- All past and future medical expenses, including you or your child’s long-term care costs
- Any disability accommodations you or your child requires, including modifications to your home and vehicle
- The cost of live-in caregivers, rehabilitation, and any necessary therapies
- Lost wages and the loss of future earnings, if you are unable to return to work due to the birth injury
- Physical pain and suffering, such as disability, disfigurement, and chronic pain
- Emotional pain and suffering, such as mental anguish and the development of mental health conditions like depression, anxiety, or post-traumatic stress disorder
- Loss of care, companionship, love, consortium, or quality of life
Illinois Damage Caps and the LeBron Ruling
Illinois does not currently impose a statutory cap on damages in medical malpractice cases, including birth injury claims. State law previously placed a $500,000 to $1,000,000 cap on non-economic damages, but the Illinois Supreme Court ruled this limit unconstitutional in the 2010 case LeBron v. Gottlieb Memorial Hospital. To calculate the full extent of your damages, speak to an attorney at Duncan Law Group as soon as possible.
Statute of Limitations for Birth Injury Claims in Illinois
All civil lawsuits in Illinois are subject to a rule known as the statute of limitations. Under this law, you have a specific period of time to file your lawsuit, or the court will dismiss your case. For medical malpractice claims, you have two years from the date you knew or should have known that you suffered an injury due to the healthcare provider’s negligence.
For a child injured at birth, Illinois law generally allows a medical malpractice claim to be filed within eight years of the alleged act or omission, but no later than the child’s 22nd birthday. Exceptions and case-specific circumstances can affect the deadline, so it is important to speak with an attorney as soon as possible.
To identify your filing deadline and protect your child’s right to compensation, speak to an attorney as soon as possible to initiate the litigation process.
What to Do After a Suspected Birth Injury
The hours and days after a suspected birth injury can be frightening and overwhelming. Your first priority is always the health and safety of your child and yourself. Once immediate medical needs are addressed, taking a few practical steps may help protect your family’s ability to understand what happened and explore its legal options.
- Seek immediate medical care. Get prompt medical attention for your child and follow through with recommended testing, treatment, and follow-up appointments. If you have concerns about a diagnosis or the care provided, consider requesting an evaluation from an independent pediatric specialist.
- Request and preserve medical records. Ask for copies of prenatal records, labor and delivery notes, fetal monitoring strips, medication records, newborn records, discharge paperwork, test results, and records from any follow-up care. These documents may be important in determining whether the medical team identified and responded appropriately to complications.
- Keep a written record of what happened. Write down what you remember about the pregnancy, labor, delivery, conversations with the medical team, and any complications that arose. Continue documenting your child’s symptoms, diagnoses, treatments, developmental milestones, medical expenses, and the ways the injury affects your family’s daily life.
- Save related documents and communications. Keep medical bills, insurance correspondence, photographs, videos, work-loss documentation, and communications from the hospital or healthcare providers. Do not alter original documents, and store copies in a secure location.
- Be cautious about insurance or hospital communications. An insurer, hospital representative, or healthcare provider may ask you to sign forms, provide a recorded statement, or accept an early settlement offer. Consider speaking with an attorney before signing a release or agreeing to any settlement, as it may affect your ability to pursue a claim later.
- Speak with a Chicago birth injury attorney promptly. An attorney can review the circumstances, preserve important evidence, obtain the relevant records, and consult medical experts to determine whether the injury may have been preventable. Illinois filing deadlines can apply to birth injury and medical malpractice claims, so seeking legal guidance early can help protect your family’s rights.
If you believe a medical error may have contributed to your child’s injury, contact Duncan Law Group at (312) 202-3283 for a free, confidential case evaluation.
How a Chicago Birth Injury Attorney Can Help Your Family
The aftermath of a birth injury can be painful and overwhelming for a child and the entire family. If you were injured due to the negligence of a healthcare provider, you may have grounds for a medical malpractice lawsuit. In these situations, a Chicago birth injury attorney from Duncan Law Group can help.
The Chicago personal injury attorneys from our law firm can guide you through the litigation process, handling all aspects of your claim so you can focus on recovery.
A birth injury lawyer can provide several benefits to your case, including the following.
- Knowledge of Illinois medical malpractice law
- Experience handling cases similar to yours
- Access to expert medical witnesses who can provide testimony on your behalf
- The ability to calculate the full extent of your damages, helping you avoid an insufficient settlement offer
- Experience negotiating with at-fault medical providers and their attorneys, acting as an advocate for you during these discussions
- Access to investigatory resources and scientific evidence that you can use to prove your right to compensation
- Experience working in the Chicago court system and the ability to advise you through each step of the litigation process
Whether your child has suffered Erb’s palsy, cerebral palsy or another type of birth injury, it is of vital importance that you meet with a Chicago birth injury attorney who can help you explore your legal options and determine whether you have grounds to file a medical malpractice claim.
If the evidence supports a claim, Duncan Law Group may be able to pursue compensation for medical care, therapies, support services, accommodations, and other losses related to your child’s injury. In cases involving permanent disabilities, a claim may also include damages related to anticipated future care needs and reduced earning capacity.
Why Families Across Cook County Trust Duncan Law Group For Their Birth Injury Claim
A birth injury claim requires compassion, resources, and careful preparation. Duncan Law Group handles the legal process so your family can focus on your child’s medical needs, treatment, and well-being.
Our firm has recovered more than $350 million for clients, including substantial results in medical malpractice matters. Every case is different, and past results do not guarantee a similar outcome. Still, these results reflect Duncan Law Group’s willingness to pursue high-stakes negligence claims and build cases around the full impact an injury may have on a client and family.
Duncan Law Group understands that a birth injury can affect a child’s needs and a family’s finances for years to come. We work to pursue accountability and seek compensation that reflects the medical care, support, and resources your child may need now and in the future.
To discuss a possible birth injury claim with a Chicago attorney, call Duncan Law Group at (312) 202-3283 for a free, confidential consultation.
Contact Our Chicago Birth Injury Attorneys Today
Birth injuries and birth trauma can have long-term, serious consequences. Your family and your child should not be forced to pay the price for the doctor’s mistakes. At Duncan Law Group, our Chicago birth injury lawyers are dedicated to holding medical professionals accountable for their actions. Contact our law offices now at (312) 202-3283 for a free birth injury case evaluation in Cook County.
Chicago Birth Injury FAQs
How long does a birth injury lawsuit take in Illinois?
The timeline for a birth injury lawsuit varies widely. These cases often take months or several years because they require a detailed review of prenatal and delivery records, consultation with qualified medical experts, investigation into the care provided, and analysis of a child’s anticipated future needs.
A case may resolve through settlement, but some proceed through discovery, mediation, and trial. Illinois generally allows a claim on behalf of an injured child to be filed within eight years of the alleged medical error, but no later than the child’s 22nd birthday. Specific facts and exceptions can affect the applicable deadline, so it is important to seek legal advice promptly.
What is the average settlement for a birth injury case?
There is no reliable “average” settlement for a birth injury case. Many settlements are confidential, and the value of a claim depends on factors such as the severity of the injury, whether medical negligence can be proven, the cost of future medical care, the child’s support needs, lost earning capacity, and available insurance coverage.
A child with a permanent brain injury, cerebral palsy, HIE, or a serious brachial plexus injury may require therapy, mobility equipment, home modifications, caregivers, and medical support for many years. An attorney can work with medical experts, life-care planners, and economists to evaluate the full financial and personal impact of the injury rather than relying on a generic settlement figure.
Can I sue the hospital for my child's birth injury?
Possibly. A hospital may be legally responsible if its employees, such as nurses, staff physicians, or other personnel, failed to meet the applicable standard of care and that failure contributed to your child’s injury. Depending on the facts, a claim may also involve an obstetrician, anesthesiologist, midwife, medical group, or other healthcare provider.
Hospital liability is not automatic, particularly when a physician is an independent contractor rather than a hospital employee. Duncan Law Group can review the medical records, staffing relationships, hospital policies, and actions of each provider to identify the parties who may be accountable.
What is the difference between Erb's palsy and cerebral palsy?
Erb’s palsy is a type of brachial plexus injury. It affects nerves that control movement and sensation in the shoulder, arm, and hand, and it can occur when the baby’s neck or shoulder is stretched during a difficult delivery, including a delivery involving shoulder dystocia.
Cerebral palsy is a group of disorders that affect movement, muscle tone, balance, posture, and coordination because of abnormal brain development or brain injury. Unlike Erb’s palsy, cerebral palsy involves the brain rather than the nerves in the arm. Both conditions can vary greatly in severity, and neither diagnosis alone proves that medical negligence occurred.
What evidence do I need to prove a birth injury claim?
Birth injury claims generally require evidence that a healthcare provider owed a duty of care, failed to meet the accepted standard of care, and caused an injury that resulted in damages. Evidence may include prenatal records, labor-and-delivery notes, fetal monitoring strips, medication records, newborn records, imaging studies, test results, and documentation of the child’s ongoing treatment and developmental needs.
Medical expert testimony is often essential. Illinois medical malpractice claims generally require an affidavit and written report from a qualified health professional supporting a reasonable and meritorious basis for the lawsuit, subject to statutory requirements.
If you have questions about a possible birth injury claim, contact Duncan Law Group at (312) 202-3283 for a free, confidential consultation.
