Birth Injury Lawyer Chicago, IL

When a baby is hurt during labor or delivery, parents are often left with hard questions and few clear answers from the medical team. A birth injury lawyer in Chicago, IL can review the medical records, work with qualified medical reviewers, and determine whether a preventable mistake caused the harm. Jacobson Injury Firm represents Chicago families whose children suffered serious injuries at birth. Contact the firm for a free, confidential consultation.

How Birth Injury Claims Work in Illinois

A birth injury claim is a type of medical malpractice claim. Medical malpractice means a doctor, nurse, or hospital failed to follow the accepted standard of care, and that failure caused an injury. In a birth case, the question is usually whether the medical team responded properly to warning signs before, during, or right after delivery.

Illinois adds special procedural rules to these cases. Under 735 ILCS 5/2-622, the family’s attorney must attach an affidavit to the complaint stating that a qualified health professional reviewed the case. That reviewer must issue a written report finding a “reasonable and meritorious cause” for filing the lawsuit. A separate affidavit and report are required for each defendant.

Two other Illinois rules shape these cases:

• No punitive damages.Under 735 ILCS 5/2-1115, punitive damages (money meant to punish a defendant) are not allowed in medical malpractice cases. The claim focuses on compensating the child and family.
• Special deadlines for minors.735 ILCS 5/13-212 gives children a longer filing period than adults, with a firm outer limit, explained below.

Chicago’s Network of Birth Hospitals

Chicago sits at the center of Illinois’ regionalized perinatal system. According to the Illinois Department of Public Health, the system has operated since 1976. Hospitals are assigned levels of care, from Level 1 for low-risk births to Level 3 for hospitals that operate a neonatal intensive care unit (NICU).

IDPH lists 10 administrative perinatal centers statewide. Five are in Chicago: Northwestern Memorial Hospital, University of Chicago Medical Center, Rush University Medical Center, University of Illinois Chicago Hospital, and John H. Stroger Jr. Hospital of Cook County. These centers help coordinate care and transfers for high-risk mothers and newborns across their regions.

Because high-risk pregnancies and critically ill newborns are often transferred between facilities, a single Chicago birth injury case can involve records from more than one hospital and many caregivers. A hospital’s size or designation says nothing about whether an error happened in a given case. Each claim turns on the specific care that one mother and child received.

Common Birth Injuries

Jacobson Injury Firm reviews claims involving a range of injuries to newborns, including:

• Hypoxic-ischemic encephalopathy (HIE):a brain injury that occurs when the brain does not get enough blood and oxygen. Cleveland Clinic lists risk factors such as umbilical cord problems, cord prolapse, placental abruption, and uterine rupture. Treatment can include therapeutic hypothermia, which means carefully cooling the baby’s body.
• Cerebral palsy:the CDC describes it as a group of disorders that affect movement, balance, and posture, caused by abnormal development of or damage to the developing brain. It is the most common motor disability in childhood.
• Erb’s palsy (brachial plexus injury):weakness or loss of movement in the arm caused by damage to the nerves around the shoulder. MedlinePlus lists shoulder dystocia (difficulty delivering the shoulders), breech delivery, and a larger-than-average baby as risk factors.
• Injuries linked to forceps or vacuum-assisted deliveries
• Harm from a delayed emergency C-section or missed signs of fetal distress

What Compensation Is Available in a Birth Injury Case?

A serious birth injury can affect a child for life. Depending on the facts, a claim may seek compensation for:

• Past and future medical care, surgeries, and medications
• Physical, occupational, and speech therapy
• Assistive equipment, home modifications, and in-home care
• The child’s lost future earning capacity
• Pain, suffering, disability, and loss of a normal life

Many birth injury cases rely on life care planners and economists to estimate what a child will need over a lifetime. Some needs, such as learning or developmental delays, may not become clear until the child is older.

Proving That an Error Caused the Injury

Causation is often the most contested issue in a birth injury case. The CDC notes that a lack of oxygen during birth was once thought to be the main cause of cerebral palsy, but it now appears to account for only a small share of cases. Defense lawyers frequently argue that an injury came from a genetic condition, an infection, or a problem that started earlier in pregnancy.

For that reason, these cases depend on careful review of the fetal heart rate monitoring strips, nursing notes, lab results, imaging, and the timeline of the delivery. Under 2-622, the reviewing health professional must practice, or have practiced or taught within the last 6 years, in the same area of medicine at issue. If a filing deadline is about to expire, the statute allows the complaint to be filed first, with the required report filed within 90 days.

What Should Parents Do After a Suspected Birth Injury?

Parents often sense that something went wrong before anyone explains it. Steps that help protect a possible claim include:

• Request the medical records.735 ILCS 5/8-2001 gives patients the right to examine and copy their health care records. Ask for the mother’s prenatal and labor records and the baby’s delivery and NICU records.
• Write down what happened.Note the dates, the names of the caregivers, and what the family was told, while memories are fresh.
• Follow every treatment plan.Early therapy and follow-up visits matter for the child, and they also document the injury.
• Keep bills and receipts.Save records of medical costs, travel, and time missed from work.
• Talk to a lawyer before signing anything.Hospitals and insurers may ask families to sign releases or forms that affect their rights.

How Long Do You Have to File a Birth Injury Claim in Illinois?

Under 735 ILCS 5/13-212(b), a claim for an injury to a child under 18 must be filed within 8 years after the act or omission that caused the injury. In no event may the claim be filed after the child’s 22nd birthday. For most injuries that happen at birth, the 8-year limit is the one that matters.

The mother’s own injuries fall under the adult rule in 13-212(a). That rule generally allows 2 years from the date the injury was known or should have been known, and never more than 4 years after the act or omission. If a baby dies from a birth injury, the Illinois Wrongful Death Act generally requires the claim to be filed within 2 years after the death.

These deadlines are strict, and building a birth injury case takes time. Families benefit from starting the record review well before any deadline approaches.

No Fee Unless We Win

Jacobson Injury Firm handles birth injury cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

The firm represents injured people only, never hospitals or insurance companies. Families work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut. He prepares each case as if it may go to trial.

More information is available on the firm’s Chicago personal injury page and its full list of practice areas. Families can also read client testimonials.

Frequently Asked Questions

Is every case of cerebral palsy caused by a medical mistake?

No. Many cases of cerebral palsy have causes unrelated to the delivery. A claim exists only when the evidence shows that a doctor, nurse, or hospital fell below the standard of care and that this failure caused the injury. An independent medical review helps answer that question.

What is the affidavit required in an Illinois birth injury lawsuit?

Under 735 ILCS 5/2-622, the family’s attorney must file an affidavit stating that a qualified health professional reviewed the case and found a reasonable and meritorious basis for it. A copy of the reviewer’s written report must be attached. Failing to file it can lead to dismissal of the case.

Can parents file a claim years after the birth?

Often, yes. Illinois generally allows up to 8 years from the act or omission for injuries to a minor, but never after the child’s 22nd birthday. Waiting still carries risk, because records, witnesses, and memories become harder to locate over time.

Will a birth injury case go to trial?

Many medical malpractice cases resolve through settlement, but some go to trial. Medical malpractice suits in Chicago are heard in the Law Division of the Circuit Court of Cook County. Preparing each case as if it will be tried often puts a family in a stronger position during negotiations. The firm’s article on how strong a personal injury case is explains the factors that matter.

How much does a birth injury lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Families pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Birth Injury Lawyer in Chicago, IL

Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. Caring for a child with a serious injury is overwhelming, and families deserve honest answers about what happened. A birth injury lawyer in Chicago, IL can obtain the records, arrange an independent medical review, and explain the family’s options under Illinois law. Contact Jacobson Injury Firm today to schedule a free consultation.