Naperville Birth Injury Lawyers
Was your child injured during birth? Our Naperville birth injury lawyers can help you file a lawsuit to secure your infant’s future.
Birth injuries occur in about one out of every 1,000 births. Severe injuries can leave children permanently disabled, forever altering the course of their lives. If a medical professional’s negligence caused your baby harm, you can hold them accountable through a birth injury lawsuit. The compensation obtained through birth injury litigation can cover the costs of living with a disability.
Our lawyers at Chute, O’Malley, Knobloch & Turcy care about your child’s recovery. When you retain our legal team, you’ll benefit from:
- FREE case evaluations
- Advocates that see you as more than a case number
- Over 50 years of experience
- No legal costs unless you win your case
Understanding Birth Injury Claims: Do You Need a Lawyer?
Birth injuries can change the course of a family’s life in an instant. When a newborn suffers harm before, during, or shortly after delivery, the emotional and financial toll can be overwhelming. While some birth injuries heal over time, others lead to lifelong conditions such as cerebral palsy, brachial plexus injuries, or developmental delays. These conditions often require ongoing medical treatment, therapy, and special education services.
Some injuries may be unavoidable, but others happen because a doctor, nurse, or hospital failed to provide proper care. In these cases, families may have grounds for a legal claim. A birth injury claim can help families recover compensation for medical bills, lost future earnings, and the cost of long-term care.
Navigating Illinois medical malpractice laws is not easy without legal guidance. Birth injury cases are medically complex, and hospitals often have strong legal teams working to protect their interests. An experienced lawyer can level the playing field by handling communication with insurers, meeting strict deadlines, and building a case based on expert testimony and evidence.
Not every bad outcome is grounds for a lawsuit. However, when preventable medical errors lead to serious harm, families deserve answers. If you’re unsure whether you have a claim, a free consultation can help clarify your options.
Call Chute, O’Malley, Knobloch & Turcy, LLC at 312-775-0042 now to find out if you have a claim.
Client Testimonials
Everyone was outstanding, great communication and helpful in explaining how this process would work.
I highly recommend Tom and his team.
Tom was great, explained all of the details and I felt very taken care in a complicated situation.
I recommend anybody to this law firm tom grace is a good lawyer to deal with he makes sure everything is right he will always be my attorney
What Causes Birth Injuries?
Birth injuries can be caused by a variety of factors that occur before, during, or immediately after the delivery process. These injuries can result from complications during labor, medical negligence, or underlying health conditions. If your child suffered a birth injury, identifying the cause is one of the first steps toward getting answers and holding the right parties accountable.
Complications During Labor and Delivery
Extended labor can increase the risk of injury to both the mother and the baby. Prolonged pressure on the baby’s head can lead to conditions such as cerebral palsy or brachial plexus injuries. Situations like breech births (when the baby is positioned feet-first) or shoulder dystocia (when the baby’s shoulder gets stuck) can cause physical trauma. Forceful or improper use of delivery tools like forceps or vacuum extractors can also result in injury. If the baby’s oxygen supply is compromised during delivery, it can lead to hypoxic-ischemic encephalopathy (HIE), resulting in brain damage or other serious health issues.
Medical Negligence
Medical negligence on the healthcare team’s part can yield birth injuries. Inadequate monitoring of the mother and baby’s vital signs can lead to missed signs of distress. Prompt medical intervention is crucial when complications arise. Not performing a timely cesarean section in cases of fetal distress, large baby size (macrosomia), or placental issues can cause birth injuries. Incorrect administration of anesthesia or other medications can affect both the mother and the baby, leading to complications during delivery.
Maternal Health Conditions
In some cases, birth injuries are caused by improper prenatal care. Untreated maternal infections can be transmitted to the baby during birth, causing serious health issues. Maternal conditions, such as gestational diabetes and preeclampsia, increase the risk of complications that can lead to birth injuries. Babies born prematurely are more vulnerable to injuries due to underdeveloped organs and systems.
Birth injuries can stem from a mix of complications during labor, medical negligence, maternal health issues, and environmental or genetic factors. Understanding these causes is crucial for prevention and ensuring prompt, effective medical intervention when necessary.
Our Lawyers Can Help Identify the Cause of Your Baby’s Injuries
In many cases, families are left in the dark about what actually caused their baby’s condition. At our Naperville law firm, we work with medical experts to review your records and uncover what went wrong during pregnancy, labor, or delivery.
We consult with obstetric and neonatal specialists who can analyze your child’s injury and determine whether medical negligence played a role. Whether your child was diagnosed with cerebral palsy, brachial plexus injury, or another condition, we aim to identify whether it could have been avoided with proper care.
Proving the cause of a birth injury is a complex process, but you don’t have to face it alone. Our Naperville birth injury lawyers are experienced in uncovering the truth and pursuing justice for families. If we find that negligence contributed to your child’s harm, we will fight for the compensation your family needs to cover medical care, therapy, and other long-term costs.
Let us help you get the answers you deserve. Call Chute, O’Malley, Knobloch & Turcy, LLC at 312-775-0042.
What Are the Signs of a Birth Injury?
Recognizing the signs of a birth injury is crucial for early intervention and treatment. Signs can vary depending on the type and severity of the injury, but often include immediate physical abnormalities such as bruises, swelling, or fractures, particularly on the head, neck, or shoulders. Difficulty breathing, indicated by rapid or labored breathing, blue-tinted skin (cyanosis), or persistent crying, is another immediate sign. Additionally, feeding problems, such as trouble latching or sucking, weak reflexes, or difficulty swallowing, can also suggest a birth injury.
The neurological signs of a birth injury are particularly concerning. Seizures occurring shortly after birth can indicate a neurological injury, and low Apgar scores (assessing appearance, pulse, grimace, activity, and respiration) after birth may signal distress or injury. Poor muscle tone, characterized by limpness, lack of movement, or floppy limbs, suggests nerve or brain injury.
As the child grows, developmental delays become more apparent. Missing milestones such as rolling over, sitting up, or crawling, and abnormal movements like involuntary movements, stiffness, or difficulty with coordination, can indicate a birth injury. Behavioral signs include excessive irritability, such as constant crying or discomfort, and unusual sensitivity to light or sound.
Other indicators of a birth injury include persistent feeding difficulties, which might point to neurological or muscular problems, and severe jaundice that does not respond to treatment, indicating underlying issues. Parents should seek immediate medical attention if they notice any of these signs. Early diagnosis and treatment are critical in managing birth injuries and improving outcomes for the affected child.
Types of Injuries That Qualify for a Birth Injury Claim
Various types of injuries may qualify for a claim against a doctor, hospital, or other medical providers. These injuries often occur when medical professionals fail to follow accepted standards of care during pregnancy, labor, or delivery. If negligence leads to harm, families may be entitled to compensation for the physical, emotional, and financial impact.
Common types of birth injuries that may give rise to a legal claim include:
Cerebral Palsy
Cerebral palsy refers to a group of neurological disorders that primarily affect muscle tone, posture, and voluntary movement. In the context of birth injuries, one common contributing factor is a lack of oxygen (hypoxia) to the baby’s brain during labor or delivery. This deprivation can occur due to complications like prolonged labor, umbilical cord problems, or failure to address fetal distress in time. Infections that go untreated during pregnancy or delivery can also lead to brain inflammation, further increasing the risk. The effects vary widely—from mild motor coordination issues to more severe forms involving spasticity, speech difficulties, and intellectual delays. The condition is , but does not typically worsen over time.
Brachial Plexus Injuries
The brachial plexus is a network of nerves that controls movement and sensation in the shoulders, arms, and hands. During delivery, especially when there’s shoulder dystocia (when the baby’s shoulder gets stuck behind the mother’s pelvic bone), these nerves can be stretched, compressed, or even torn. This often results from improper use of force during delivery or from attempts to reposition the baby. The most well-known type of brachial plexus injury is Erb’s palsy, which affects the upper arm, potentially leading to weakness, loss of motion, or a permanently limp arm. Depending on the severity, some infants recover with physical therapy, while others may require surgery.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a type of brain injury that results from inadequate oxygen (hypoxia) or reduced blood flow (ischemia) to the brain around the time of birth. This condition can develop from complications such as umbilical cord prolapse, placental abruption, uterine rupture, or prolonged labor without appropriate intervention. HIE can lead to a range of outcomes, from mild learning difficulties to severe physical and cognitive impairments. In more severe cases, it may result in seizures, developmental delays, or cerebral palsy. The timing and duration of the oxygen deprivation are critical in determining the extent of the damage.
Fractures and Broken Bones
Newborns can suffer bone fractures during delivery, most commonly to the clavicle (collarbone), though skull and limb fractures can also occur. These injuries may happen when excessive force is applied during assisted deliveries, such as when forceps or vacuum extractors are used incorrectly or with too much pressure. Difficult labor, breech presentations, or high birth weight can increase the risk. While most fractures in newborns heal with minimal intervention, some may require immobilization or lead to complications if not recognized and treated promptly.
Facial Nerve Damage
Also known as facial nerve palsy, this injury occurs when pressure is applied to the baby’s face during birth, often from forceps or positioning in the birth canal. The facial nerve (cranial nerve VII) controls the muscles involved in facial expression. Damage can lead to weakness or paralysis on one side of the face, affecting the eye and mouth movement. In some cases, this is temporary and resolves within weeks, but more serious injuries may lead to permanent asymmetry or require surgical intervention.
Spinal Cord Injuries
Though rare, spinal cord injuries during birth are among the most serious types of birth trauma. They can occur when there is excessive traction or rotation of the baby’s neck, especially in breech deliveries or when force is applied incorrectly during a difficult extraction. These injuries can disrupt nerve communication between the brain and the body, potentially resulting in paralysis or other long-term mobility and developmental issues. Immediate diagnosis and specialized care are critical in determining the child’s outcome and quality of life.
How Much Is a Birth Injury Claim Worth?
The value of a birth injury claim varies based on the severity of the injury, the impact on the child’s life, and the circumstances of the case. While there is no set formula, compensation is typically designed to support the child’s long-term needs and help the family recover financially and emotionally.
Economic damages often make up a large portion of a birth injury settlement or verdict. These include past and future medical expenses, such as hospital bills, surgeries, physical and occupational therapy, assistive devices, medications, and in-home care. When a child requires lifelong treatment or support, the projected cost of that care may be substantial.
In many cases, birth injuries lead to disabilities that limit a child’s ability to work or live independently as an adult. A claim may account for lost future earning capacity and the cost of special education services, vocational training, or modifications to the family’s home or vehicle.
Non-economic damages may also be available. These address intangible losses such as pain and suffering, emotional distress, mental anguish, and the loss of enjoyment of life. In particularly severe cases involving egregious negligence or misconduct, punitive damages may be awarded to punish the provider and deter similar conduct.
The details of each case, including the strength of the evidence and the jurisdiction, also play a role in determining the claim’s value. Consulting with an experienced birth injury attorney is crucial for an accurate assessment and to ensure the maximum compensation is pursued for your child.
Our attorneys will work with medical and financial experts to calculate the full extent of your child’s current and future needs. This ensures that any settlement or court award truly reflects the impact of the injury on your child and family.
Get the Most Out of Your Birth Injury Case
More Videos About Birth Injury Cases
FAQs Clients Ask Our Birth Injury Lawyers
How long do I have to file a birth injury lawsuit in Illinois?
In Illinois, the statute of limitations for birth injury cases follows special rules due to the involvement of minors. Generally, a medical malpractice claim for a birth injury must be filed within:
- 8 years from the date of the negligent act or omission (the birth injury)
- Before the child’s 22nd birthday
This means that parents or guardians generally have until the child turns 8 years old at minimum to file a claim, but in some cases may have until the child turns 22.
However, there’s an important caveat: if parents are filing on behalf of their child, they typically must do so within 8 years of the date they knew or should have known about the injury and its connection to medical negligence.
For cases involving specific conditions like cerebral palsy or other injuries that might not be immediately apparent, the “discovery rule” may apply, which can extend the time limit based on when the injury was or should have been discovered.
It’s crucial to consult with an attorney as soon as possible after discovering a birth injury, as these cases involve complex medical and legal issues, and the specific circumstances can affect how the statute of limitations applies.
Can I file a birth injury claim if I didn’t realize there was a problem until years later?
Yes. Many birth injuries, especially those involving cognitive or developmental delays, don’t become fully apparent until a child misses milestones. Illinois law allows for extended timeframes in cases involving minors, but it’s best to get legal advice as soon as the injury is suspected.
Who can be held responsible in a birth injury case?
Liability in a birth injury case can extend beyond the delivering physician. Hospitals, nurses, anesthesiologists, and even pharmaceutical providers could be named in a lawsuit, depending on who contributed to the negligent care or decision-making.
What if the hospital says the injury was a known risk of childbirth?
While some injuries can occur even with proper care, medical providers are still required to follow specific standards. If they failed to act appropriately during labor or delivery, and that failure led to your child’s injury, you may still have a valid claim—even if the hospital claims the risk was “known.”
Can I file a birth injury claim on behalf of my child?
Yes. In Illinois, parents or legal guardians can file a birth injury lawsuit on behalf of their minor child. These claims are typically brought to recover compensation for medical expenses, long-term care, and the child’s future lost earnings. Any settlement or award is usually held in a trust or structured settlement for the child’s benefit, and court approval may be required before finalizing the agreement.
Are birth injuries and birth defect the same thing?
No, birth injuries and birth defects are not the same thing, though they can sometimes be confused with one another. Here’s how they differ:
Birth Injuries
- Occur during the labor and delivery process
- Result from physical trauma or oxygen deprivation during birth
- Often preventable with proper medical care
- May be caused by medical negligence (improper use of forceps, delayed C-section, failure to monitor fetal distress, etc.)
- Examples include: cerebral palsy (when caused by oxygen deprivation during birth), brachial plexus injuries, fractured bones, facial paralysis, and brain hemorrhages
- Can potentially form the basis for a medical malpractice claim
Birth Defects
- Develop while the baby is still in the womb, usually during the first trimester
- Result from genetic factors, chromosomal abnormalities, or environmental exposures
- Present at birth but formed before the birth process
- Typically not related to the quality of care during delivery
- Examples include: congenital heart defects, spina bifida, cleft palate, and Down syndrome
- Generally not grounds for a medical malpractice claim unless a doctor negligently failed to diagnose them during pregnancy
In legal cases, this distinction is crucial because birth injuries are more likely to involve medical negligence during labor and delivery, while birth defects typically do not. However, in some cases, a healthcare provider’s failure to detect a birth defect during pregnancy (when it could have been diagnosed) might constitute a different type of medical negligence claim.
