Illinois Birth Injury Lawyer

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Illinois birth injury lawyers help families take legal action against birth injuries caused by preventable cases of medical negligence. Filing a lawsuit can help families access financial compensation to help pay for birth injury treatment. Connect with an Illinois birth injury lawyer now.

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Working With a Birth Injury Lawyer in Illinois

Birth injury lawyers are a type of personal injury attorneys that specialize in medical malpractice at birth. These types of lawyers help families affected by preventable birth injuries caused by inadequate medical care take legal action to pay for medical expenses and more.

Your Illinois birth injury attorney can help you file your medical malpractice claim, collect evidence, strengthen your case, and more to win legal compensation.

The estimated lifetime treatment cost for a child with cerebral palsy is $1 million, according to the Centers for Disease Control and Prevention (CDC).

Children suffering from birth trauma often require lifelong healthcare to manage their condition. Treatment may include medication, surgery, adaptive equipment, mobility aids, and several types of therapy.

We have helped families near you.

Our partner law firms can work with families in the following Illinois areas:

  • Arlington Heights
  • Bartlett
  • Belleville
  • Beloit
  • Bloomington
  • Bolingbrook
  • Chicago
  • Decatur
  • East Alton
  • Hanover Park
  • Joliet
  • La Grange
  • Lyons
  • Naperville
  • Peoria
  • Plano
  • Rockford
  • Springfield
  • Urbana
  • Wheeling
  • Wilmington
  • Other cities

If you suspect your child suffered from a birth injury from medical errors during labor or delivery, you may be eligible to take legal action. Get a free case review to see if you can work with an Illinois birth injury attorney today.

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Do you suspect your child’s birth injury was caused by medical malpractice?

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Birth Injuries and Medical Negligence

Medical negligence during the birthing process may occur when doctors, nurses, or other medical professionals make preventable errors.

Situations that may be considered medical negligence during birth include:

  • Failing to perform a necessary C-section (cesarean section)
  • Failing to detect signs of fetal distress
  • Failing to detect oxygen deprivation (hypoxia)
  • Improperly using assistive delivery devices such as forceps or vacuum delivery
  • Using excessive force when pulling on a child’s neck, arms, shoulders, or head as they are passing through the birth canal

Mistakes made during delivery can lead to birth injuries and lifelong medical intervention. You may be able to collect compensation from a birth injury lawsuit if you believe your child’s condition was caused by medical negligence.

Types of Cases Illinois Birth Injury Attorneys Work On

Illinois birth injury attorneys help families file medical malpractice lawsuits against the doctor and/or hospital responsible for their child’s birth injury. There are several common birth injuries caused by medical negligence that can vary by type and severity.

Illinois lawyers handle cases involving several types of birth injuries including:

  • Brain damage
  • Caput succedaneum
  • Cerebral palsy
  • Cervical dystonia
  • C-section injuries
  • Erb’s palsy and other brachial plexus injuries
  • Forceps delivery injuries
  • Infant torticollis
  • Intrauterine fetal demise
  • Kernicterus
  • Klumpke’s palsy
  • Maternal infections
  • Meconium aspiration syndrome (MAS)
  • Newborn cephalohematoma
  • Newborn jaundice
  • Vacuum extraction injuries

If your child suffered from any of the injuries listed above, you may be eligible for compensation. Get a free case review today to see if you can work with an Illinois birth injury attorney.

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Notable Birth Injury Settlements in Illinois

Birth injury cases are generally resolved through a settlement or a trial verdict. During a settlement, the doctor and/or hospital (defendant) give a lump sum of money to the family of the child diagnosed with a birth injury (plaintiff). A settlement agreement will conclude the lawsuit process.

Cases that do not end in a settlement will move onto the trial phase. During a trial, the judge or jury will decide if the doctors are responsible for the child’s injury. Families may not win any compensation if the court rules in favor of the defendant.

Illinois birth injury attorneys will generally try to secure an out-of-court settlement for their clients since trials can be very risky and time-consuming.

Notable Illinois settlements and verdicts include:

  • $35 million settlement for a case of delayed childbirth/diagnosis causing a brain injury
  • $18.5 million verdict for a case of a birth injury caused by a medication error
  • $16 million settlement for a case of cerebral palsy
  • $9 million settlement for a case of medical negligence leading to a brain injury
  • $2 million verdict for a case of a birth injury caused by lack of consent

Settlement amounts can differ depending on your specific circumstances such as the type and severity of the birth injury, calculated lifetime medical expenses, the state in which the injury occurred, and more.

When to File a Lawsuit in Illinois

It’s crucial to contact an Illinois birth injury lawyer as soon as possible after you discover your child’s injury due to the statute of limitations. This law allows a specific amount of time for you to file your medical malpractice lawsuit.

Many states allow a couple of years for civilians to file a personal injury lawsuit. However, some states set special exceptions for children injured at birth.

IL Statute of Limitations for Birth InjuriesIL Statute of Limitations for Infant Wrongful Death
8 years2 years

In the state of Illinois, you are not allowed to file a medical malpractice lawsuit after your child’s 22nd birthday. If you do not file your medical malpractice lawsuit within the Illinois statute of limitations, you may lose the opportunity to sue forever.

Your Illinois birth injury lawyer will help to ensure your claim is filed in a timely manner. Even if you believe the statute of limitations has expired, get a free case review from an Illinois birth injury attorney to learn about other compensation options.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

Get a Free Case Review

Get Help from Birth Injury Lawyer in Illinois

Many birth injuries are caused by medical negligence during the birthing process. Doctors, nurses, and other health care providers have years of experience and should be able to safely deliver babies and navigate emergency situations.

Unfortunately, their careless medical errors can lead to years of birth injury treatment. Many families struggle to afford the costly medical treatments needed to manage their child’s condition. Thankfully, your family may qualify for life-changing financial compensation.

If you believe your child’s condition was caused by medical negligence, you may be eligible to take legal action. Get a free case review today to see if you are able to work with an Illinois birth injury attorney.

Illinois Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in Illinois?

In the state of Illinois, you have 8 years for birth injury claims and 2 years for infant wrongful death claims.

Work with a specialized Illinois birth injury lawyer to ensure your claim is filed properly and within the statute of limitations in Illinois.

How much do Illinois birth injury lawyers cost?

Top birth injury attorneys work on a contingency fee basis and should come at no cost to you. The best attorneys will not charge any upfront costs and only take a small percentage of your earnings if you win compensation.

How do I know if my child’s birth injury was caused by medical negligence?

The best way to know if your child’s birth injury was caused by medical negligence is to get a free consultation with an Illinois birth injury lawyer. Top birth injury attorneys will have the resources and expertise to determine the cause of your child’s condition.

Get a free case review today to see if your child’s birth injury was caused by medical negligence.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 10 Sources
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  2. Bostwick, H. (2014, July 03). What are statutes of limitations? Retrieved September 7, 2021, from https://www.legalzoom.com/articles/what-are-statutes-of-limitations
  3. Data and statistics for cerebral palsy. (2020, December 31). Retrieved September 7, 2021, from https://www.cdc.gov/ncbddd/cp/data.html
  4. Ranum, D. (2019, March 20). Study of malpractice claims involving children. Retrieved September 7, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  5. Ryskamp, D. (2014, September 16). Illinois personal injury laws & statutory rules. Retrieved September 07, 2021, from https://www.alllaw.com/articles/nolo/personal-injury/laws-illinois.html
  6. Statute of limitations for Birth injuries and medical malpractice cases in Illinois. (n.d.). Retrieved September 07, 2021, from https://corporate.findlaw.com/litigation-disputes/statute-of-limitations-for-birth-injuries-and-medical-malpractice.html
  7. Statutes of limitation - find an attorney. (2019, November 14). Retrieved September 7, 2021, from https://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/statutes-limitation/
  8. Top 50 Settlements in Illinois in 2018. (n.d.). Retrieved September 07, 2021, from https://topverdict.com/lists/2018/illinois/50-settlements
  9. Top 50 Verdicts in Illinois in 2017. (n.d.). Retrieved September 07, 2021, from https://topverdict.com/lists/2017/illinois/50
  10. What is malpractice? (n.d.). Retrieved September 7, 2021, from https://www.abpla.org/what-is-malpractice
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