Chicago Birth Injury Lawyer
The birth of a child should be a time of joy and new beginnings.
Unfortunately, medical negligence during pregnancy, labor, or delivery can turn this joyful event into a heartbreaking experience. Birth injuries not only impact the child but also place emotional, financial, and physical stress on families.
If you believe your child has suffered due to medical malpractice during birth, the experienced team at Mulholland Injury Law is here to help you pursue justice and secure the compensation your family deserves.
Understanding Birth Injuries
A birth injury refers to any physical harm or trauma sustained by a newborn before, during, or shortly after delivery.
These injuries can range from temporary bruising to permanent disabilities that require lifelong medical care.
While some birth injuries are unavoidable, many are the direct result of negligent medical practices or the failure to respond appropriately to complications during labor and delivery.
Common Types of Birth Injuries
Birth injuries can vary in severity and long-term impact. Some of the most common birth injuries include:
Cerebral Palsy
Often caused by oxygen deprivation during birth, this neurological disorder can result in motor dysfunction, developmental delays, and cognitive impairment.
Brachial Plexus Injuries (Erb's Palsy)
Damage to the bundle of nerves near the neck and shoulder that can lead to arm weakness, paralysis, or loss of sensation.
Facial Paralysis
Pressure on a baby’s face during delivery can cause nerve damage, leading to temporary or permanent paralysis of facial muscles.
Fractures
Broken bones, especially the collarbone or clavicle, can occur during difficult deliveries.
Hypoxic-Ischemic Encephalopathy (HIE)
Brain damage resulting from reduced blood flow and oxygen to the baby’s brain during labor and delivery.
Intracranial Hemorrhage
Bleeding within the baby’s brain due to excessive force, vacuum extraction, or other delivery complications.
Causes of Birth Injuries
Birth injuries are often the result of preventable medical errors or negligence. Common causes include:
- Failure to Monitor Fetal Distress: Ignoring signs such as abnormal heart rates that indicate oxygen deprivation.
- Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors can cause trauma to the baby’s head, neck, or shoulders.
- Delayed C-Section: Failing to perform an emergency cesarean section when medically necessary can result in oxygen deprivation and other serious complications.
- Medication Errors: Administering incorrect dosages of anesthesia or labor-inducing drugs.
- Negligent Prenatal Care: Failure to identify maternal infections, gestational diabetes, or preeclampsia that increase birth injury risk.
When medical professionals deviate from the accepted standard of care, the consequences can be devastating. Our skilled birth injury lawyers will carefully review medical records, consult experts, and build a strong case on your behalf.
Contact Us Today at (414) 286-9299 or Message Us Online to Schedule a Free Consultation
The Long-Term Impact of Birth Injuries
Birth injuries can lead to significant lifelong challenges, including:
- Physical disabilities requiring adaptive equipment or surgeries
- Cognitive and developmental delays
- Chronic medical care needs
- Emotional and psychological trauma for both the child and family
The financial cost of managing these issues can be overwhelming. Compensation from a successful birth injury lawsuit can provide the resources necessary for medical care, therapy, special education, and adaptive accommodations.
Potential Compensation in Birth Injury Cases
If your child’s injury was the result of medical negligence, you may be entitled to compensation for both economic and non-economic damages, including:
- Medical Expenses: Costs for surgeries, ongoing treatment, medications, and hospital stays.
- Rehabilitation and Therapy: Physical, occupational, and speech therapies, which may be required throughout the child’s life.
- Long-Term Care Costs: In-home care, specialized schooling, and adaptive equipment.
- Lost Future Earnings: If the injury impacts the child’s ability to earn a living as an adult.
- Pain and Suffering: Physical pain, emotional distress, and loss of enjoyment of life.
- Loss of Consortium: Emotional and relational impact on the parents and family.
- Punitive Damages: In cases of extreme negligence, punitive damages may be awarded to punish the wrongdoers and deter future misconduct.
Our experienced attorneys will calculate a comprehensive compensation claim designed to ease your family’s financial and emotional burden.
How to Pursue a Birth Injury Lawsuit in Illinois
Navigating a birth injury lawsuit requires legal expertise and careful preparation. Here’s how Mulholland Injury Law can guide you through the process:
- Initial Consultation: We offer a free, no-obligation consultation to understand your situation and advise on the next steps.
- Case Investigation: Our team reviews medical records, consults medical experts, and examines hospital procedures to uncover negligence.
- Filing the Claim: If we establish that malpractice caused the injury, we’ll file a legal claim against the responsible healthcare providers or facility.
- Negotiation: We work tirelessly to negotiate a fair settlement that covers your child’s needs — present and future.
- Litigation: If a fair settlement cannot be reached, we are fully prepared to take your case to court and advocate for the compensation your family deserves
Illinois Statute of Limitations for Birth Injury Claims
In Illinois, the statute of limitations for medical malpractice claims, including birth injury cases, is generally two years from the date the injury was discovered or should have been reasonably discovered.
However, when the injured party is a minor, the law provides extended timelines. It’s important to consult an experienced attorney as soon as possible to avoid missing important deadlines.
In rare cases where the at-fault party’s actions were particularly reckless or malicious, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.
Why Choose Mulholland Injury Law?
- Personalized Attention: Your case will never be treated as “just another file.” We understand the emotional stakes and treat your family with the care and respect you deserve.
- Proven Track Record: Our firm has recovered millions for injury victims in Chicago and beyond.
- No Fees Unless We Win: We work on a contingency fee basis, meaning you pay nothing unless we secure a settlement or verdict for you.
- Strong Network of Medical Experts: We collaborate with doctors, surgeons, and life-care planners to accurately assess your child’s future care needs.
Frequently Asked Questions
What qualifies as a birth injury in Illinois?
A birth injury refers to physical harm sustained by a newborn or mother during labor or delivery, often due to medical negligence. Common birth injuries include cerebral palsy, brachial plexus injuries, Erb’s palsy, bone fractures, oxygen deprivation, and spinal cord damage. If medical staff failed to meet the standard of care, the injury could be grounds for a legal claim.
How do I know if my child’s birth injury was caused by medical malpractice?
Determining medical malpractice requires evidence that the healthcare provider did not act as a reasonably competent professional would have under similar circumstances. If medical errors, delayed responses, poor monitoring, or improper delivery techniques contributed to your child’s condition, it may be considered malpractice. A seasoned birth injury attorney can review medical records and consult expert witnesses to confirm if malpractice occurred.
What compensation can I seek in a birth injury lawsuit?
Compensation can cover both economic and non-economic damages, such as:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Assistive devices and home modifications
- Pain and suffering
- Emotional distress
- Loss of future earnings for the child
- Loss of quality of life
Each case is unique, and a lawyer can help calculate a fair settlement that addresses both current and long-term needs.
How long do I have to file a birth injury lawsuit in Illinois?
In Illinois, the statute of limitations for medical malpractice claims is typically two years from the date the injury was discovered or reasonably should have been discovered. For birth injuries, extensions may apply, especially when the injury is not immediately apparent. However, strict deadlines exist, so contacting an attorney as soon as possible is essential to protect your rights.
Do I need to pay upfront to hire a Chicago birth injury lawyer?
Most birth injury attorneys, including Mulholland Injury Law, work on a contingency fee basis — meaning you pay no upfront costs. The lawyer only receives a fee if your case is successfully resolved through a settlement or court award.
Can I file a lawsuit even if the injury appeared months or years after birth?
Yes. Some birth injuries, such as cerebral palsy or developmental delays, may only become noticeable as your child grows. Illinois law allows for claims to be filed after discovery, as long as they fall within the statute of limitations. A skilled attorney can help assess whether your case is still eligible for legal action.
What should I do if I suspect my child suffered a birth injury?
If you believe your child’s injury was caused by medical negligence:
- Seek immediate medical advice and ongoing care.
- Preserve all medical records, bills, and notes.
- Document any unusual symptoms or diagnoses.
- Consult an experienced birth injury lawyer to evaluate your legal options.
Contact a Chicago Birth Injury Lawyer Today
If your child has suffered a birth injury due to medical negligence, don’t face this journey alone. The compassionate and experienced legal team at Mulholland Injury Law is here to help your family secure justice and financial security for your child’s future.
Call us today at (312) 386-6706 or fill out our Online Contact Form for a free and confidential consultation.
Let us help you turn uncertainty into empowerment by fighting for the compensation and accountability your family deserves.
Expert Legal Representation by
Toby P. Mulholland,
Your Trusted Injury Lawyer
Since launching his law practice in 2000, Toby P. Mulholland has been a dedicated advocate for clients suffering serious injuries. He has extensive experience handling a wide range of personal injury cases, including motor vehicle accidents, wrongful death claims, construction accidents, premises liability, dog bite cases, and catastrophic injury litigation.
Toby’s distinguished career is marked by his skill in litigation, participating in numerous trials, mediations, arbitrations, and depositions. His innovative approaches to depositions have consistently resulted in successful outcomes for even the most complex cases. Clients appreciate his ability to navigate high-stakes situations with a creative, results-oriented approach.
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