Birth Injuries

Birth injuries are a category of medical malpractice claims and lawsuits that arise when babies are injured at birth or before birth by careless or intentional acts of a doctor, nurse, hospital, or other healthcare provider. When these actions cause an injury to a baby (but the actions do not rise to the level of a crime), they are said to be a "tort," or civil wrong, which can provide the basis for a lawsuit. When someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured.  For a young child this can include future and past medical expenses, pain and suffering, disability and disfigurement, loss of a normal life and loss of future earnings depending on the type of injury the child suffered. 

Our firm handles a variety of birth injury claims for clients located in the Chicago area, including:   
  • Shoulder dystocia
  • Brachial plexus injuries
  • Breech birth complications
  • Cerebral palsy and brain damage
  • Erbs or Klumpke palsy
  • Birth hypoxia and brain damage
  • Fetal death occurring before or during birth
  • Death or trauma related to incorrect dosage of medicine
Our recent results include a $6.71 million verdict against a hospital because an inexperienced resident performed a vaginal delivery of a breech presentation (bottom first) resulting in shoulder dystocia and a crippling brachial plexus arm injury; a $4.5 million settlement for a child who suffered brain damage causing cerebral palsy as a result of a family practice physician's failure to perform a timely Caesarean section in the face of fetal distress; a $1.03 million verdict against a doctor for improperly performing the McRoberts maneuver in the delivery of a baby who developed shoulder dystocia during birth, resulting in a crippling brachial plexus arm injury; and an $850,000 settlement for the fetal death of 26 week old fetus. Injuries suffered at birth can be severe and life altering for the child and the mother.

Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, and make sure your insurance company will pay for future treatment relating to your child’s injury. Our experienced attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.

If you or a loved one has been injured, contact us online or call us at 312-332-2872 to set up a free consultation to discuss your legal options.