Protecting Families Through Every Step
Birth injuries are devastating. Parents expect a safe delivery, not a lifetime of medical challenges caused by preventable mistakes. When negligence occurs during pregnancy, labor, or immediately after birth, families deserve answers — and compensation to support their child’s long-term care.
Understanding Birth Injuries
A birth injury occurs when an infant suffers harm before, during, or shortly after delivery due to medical negligence. These cases often involve:
- Failure to properly monitor fetal distress
- Delayed response to complications
- Improper use of delivery tools
- Medication errors
- Negligent prenatal care
- Poor communication between medical staff
Not every complication is malpractice. But when a healthcare provider fails to meet the accepted standard of care — and a child suffers harm — it becomes a legal issue.
Illinois Law: What Families Should Know
In Illinois, birth injury claims fall under medical malpractice law.
Key rules include:
Two-year statute of limitations – Parents generally have two years from the date they discovered (or should have discovered) the injury to file. For minors, Illinois allows claims until the child turns 8 — but early action is critical.
Modified comparative negligence – If multiple providers contributed to harm, Illinois allows fault to be assigned by percentage — often relevant in multi-doctor labor & delivery teams.
Damage caps – Illinois does not cap damages in medical malpractice cases, which allows families to pursue full compensation for lifelong care.
Common Types of Birth Injury Cases We Handle
Cerebral Palsy (CP)
Oxygen deprivation during labor, untreated infections, and delayed C-sections are common causes. CP may require lifelong therapy, mobility aids, and medical support.
Brachial Plexus Injuries (Erb’s Palsy & Klumpke’s Palsy)
Often caused by excessive force during shoulder dystocia or misuse of delivery tools. These injuries can affect arm mobility permanently.
Hypoxic-Ischemic Encephalopathy (HIE)
A severe brain injury resulting from reduced blood or oxygen flow. HIE often leads to developmental delays, seizures, or cognitive impairments.
Fractures & Physical Trauma
Broken clavicles, skull fractures, and nerve injuries frequently occur when medical staff use excessive force or perform improper maneuvers.
Delayed C-Section Complications
When signs of fetal distress are ignored or a C-section is not performed quickly enough, children can suffer irreversible harm.
Maternal Injuries
Negligence can also severely harm the mother — including hemorrhage, organ damage, infection, or surgical errors.
Impact of Birth Injuries on Families
A birth injury can change the course of a family’s life. You may be facing:
- Lifelong medical needs
- Expensive therapies and in-home care
- Assistive equipment costs
- Emotional trauma
- Lost income from caregiving
- Uncertainty about your child’s future
The goal of a birth injury claim is not only accountability — it’s ensuring your child receives the resources they need for the highest possible quality of life.
Compensation may include:
- Medical bills (current and future)
- Rehabilitation and therapy
- Assistive technology
- Home modifications
- Pain and suffering
- Lost earning capacity for both child and parents
- Long-term life-care planning
Role of a Chicago Birth Injury Lawyer
Birth injury cases are medically and legally complex. Your legal team must understand obstetrics, neonatal medicine, and Illinois malpractice law.
At Ori Law Group, we:
- Investigate medical records and delivery notes
- Consult top medical experts
- Identify every negligent provider
- Calculate long-term care costs
- Build a compelling case supported by objective evidence
- Negotiate aggressively with insurers
- Prepare for trial if necessary
We take on the legal burden so you can focus on your child’s recovery.
Qualifications to Look for in a Birth Injury Attorney
Not every injury lawyer handles birth injury cases — these claims require highly specialized knowledge. Look for:
- Experience specifically in medical malpractice and birth injury litigation
- Access to board-certified OB-GYN and neonatal experts
- Proven results in complex injury cases
- Clear communication and a supportive approach
- Strong trial background
Ori Law Group is committed to delivering honest answers, strategic guidance, and relentless advocacy.
Choosing the Right Lawyer for Your Case
Tips for Choosing
- Ask whether the firm regularly handles birth injury litigation
- Evaluate how clearly they explain complex terms
- Understand the fee structure (we work on contingency — no fees unless we win)
- Ask about expected timelines
Questions to Ask During Consultation
- What evidence is needed for my case?
- How do you calculate long-term damages?
- What experts will be involved?
- How will you communicate updates?
Swift Action Can Make Or Break Your Case
Navigating the Legal Process – How the Birth Injury Lawsuit Process Works
1. Initial Investigation
We review medical records, prenatal care, fetal monitoring strips, labor notes, and staff communications.
2. Expert Review
Illinois requires an expert to certify that negligence occurred. We use respected medical specialists to build this foundation.
3. Filing the Claim
A lawsuit is filed against the responsible providers and medical institutions.
4. Discovery Phase
Both sides exchange evidence, conduct depositions, and gather expert testimony.
5. Negotiation or Mediation
Many cases settle, but we prepare every case as if it will go to trial.
6. Trial (if needed)
A jury evaluates fault and determines damages.
Potential Challenges in These Cases
Birth injury cases can be contested because hospitals and insurers may argue:
- The injury was unpreventable
- Genetics or prenatal factors caused the condition
- Staff responded appropriately to complications
That’s why timely investigation and strong expert testimony are critical.
Frequently Asked Questions
How do I know if my child’s injury was caused by negligence?
If your child suffered unexpected complications or disabilities and you believe something went wrong during delivery, a legal review can uncover answers.
Do I need to act quickly?
Yes. Illinois has strict deadlines. Evidence also becomes harder to obtain over time.
How long do birth injury cases take?
Many resolve within 12–24 months, depending on complexity and expert involvement.
Will filing a claim affect my child’s medical care?
No. Your child will continue receiving treatment from the providers you choose.
Get the Support Your Family Needs
A birth injury changes everything — but you don’t have to navigate it alone. Ori Law Group helps Chicago families uncover the truth, hold negligent providers accountable, and secure the financial support their child needs for long-term care and stability.
Schedule your free, confidential consultation today.
We’re here to guide you with compassion, clarity, and unwavering commitment.
References
1. Illinois Compiled Statutes – Medical Malpractice Limitations – 735 ILCS 5/13-212 — Statute of Limitations for Actions Against Healthcare Providers – https://www.ilga.gov/legislation/ilcs/documents/073500050K13-212.htm
2. American College of Obstetricians and Gynecologists (ACOG) – Clinical Guidelines for Management of Labor, Shoulder Dystocia, and Fetal Monitoring – https://www.acog.org/clinical
3. Centers for Disease Control and Prevention (CDC) – Cerebral Palsy, Birth Injury & Developmental Disabilities Data – https://www.cdc.gov/ncbddd/cp/index.html
4. Illinois Department of Public Health (IDPH) – Perinatal Care Guidelines & Standards for Illinois Hospitals – https://dph.illinois.gov/topics-services/life-stages-populations/maternal-child-family-health/perinatal-health.html
5. Illinois Supreme Court – Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010) – https://www.illinoiscourts.gov/ (case lookup: Lebron v. Gottlieb Memorial Hospital)