Chicago Birth Injury Lawyers

Birth Injury Attorneys Serving Chicago, Oak Park, Rockford, & Other Areas in Illinois

The Chicago birth injury lawyers at Coplan + Crane understand the emotional devastation that accompanies a preventable birth injury. If your child sustained an injury during labor, delivery, or in the time shortly after birth, you may be entitled to compensation for your substantial losses.

Birth should be a joyous moment for a family welcoming a new member, but it’s also potentially dangerous for both mother and baby. That’s why hospitals, obstetricians, delivery nurses, and other medical providers are held to high legal standards. Because a newborn’s brain and body are still so early in development, the smallest mistake can lead to serious and permanent medical problems.

Our Chicago birth injury lawyers handle all types of medical malpractice cases, and we take particular pride in representing birth injury victims and their families. Recovering financial compensation not only helps cover the true cost of a birth injury, but also sends a clear message to doctors and hospitals: reckless behavior that puts children in danger will not be tolerated. 

It’s important to act quickly. If you fail to take action before the statute of limitations expires, you could lose your opportunity to recover compensation. Call Coplan + Crane right away at 312-982-0588 for a FREE case review. Our Chicago birth injury lawyers serve clients in Chicago, Oak Park, Rockford, and other areas of Illinois.

Our Winning Track Record in Birth Injury Cases

• We won a $13 million settlement for a child who sustained a shoulder dystocia injury during childbirth. Our investigation found that the medical providers failed to recognize numerous warning signs before and during delivery.
• We recovered a $12 million settlement for a baby who suffered cerebral palsy, paralysis, and permanent brain damage because the labor and delivery staff did not act quickly when it became clear his brain was not getting enough oxygen. This was the largest personal injury settlement or verdict in the history of Winnebago County (Rockford), Illinois.
• We recovered $1.3 million for a child born in Decatur, IL who suffered permanent damage to the brachial plexus (the bundle of nerves leading to the arm) due to errors made by the obstetrician and delivery nurse.

The Responsibilities of Medical Professionals

Medical professionals have specific responsibilities during prenatal care, labor and delivery, and postnatal care. During prenatal care, doctors need to perform certain tests and monitor for the possibility of complications, especially if the pregnancy is known to be high-risk, for instance, if the mother is under 17 or over 35, has a history of pregnancy complications, or develops gestational diabetes. Failure to diagnose complications, such as fetal macrosomia (an abnormally large baby), preeclampsia, or maternal infection, can put the baby’s health at risk during delivery.

During and immediately after delivery, medical providers have numerous responsibilities, including:

• Monitoring the baby’s heart rate. Throughout delivery, medical professionals must diligently monitor the fetal heart rate and intervene promptly if it goes outside the normal range. A low heart rate can indicate the baby’s brain is not getting enough oxygen (hypoxia), which can cause permanent damage.
• Provide appropriate dosage of medication. Sometimes it is necessary to induce or augment labor using a drug called Pitocin, to administer painkillers via epidural, or to use other medications during labor and delivery. Any such medications need to be given in the correct dosage by the correct route, as an incorrect dosage can cause serious complications.
• Correctly use forceps and vacuum extractors. When used skillfully by a medical professional, forceps and extractors can be a safe and effective way to deliver a baby. However, if they are used incorrectly, the baby can sustain injuries to the head or skull.
• Perform a C-section promptly, if medically indicated. Under certain circumstances, the best option for the baby is to perform a caesarean section as soon as possible. Failure to perform a timely caesarean section can cause permanent damage as the baby’s brain is deprived of oxygen.
• Address breech birth complications. If the baby is in the breech position (feet first), the risk of injury during a vaginal delivery is dramatically higher. Usually, a breech baby needs to be delivered by C-section.
• Perform appropriate tests after birth. Once a baby is born, medical professionals need to perform the Apgar test, an overall check of the baby’s health usually given one minute and five minutes after birth. They also need to check for jaundice and hypoglycemia, among other medical conditions. Failure to conduct these diagnostic tests or respond appropriately to the results can lead to serious health issues.

Common Causes of Birth Injuries

Doctors and other medical professionals need to follow the established standards of care because the risk of complications during birth is real. Some of the ways birth injuries can occur include:

Hypoxia

If the baby’s brain doesn’t get enough oxygen during birth, brain cells can essentially suffocate and die, causing permanent damage. Prompt intervention is needed to restore the flow of oxygen to the brain and prevent serious damage. Hypoxia can cause cerebral palsy, cognitive disorders, and hypoxic-ischemic encephalopathy (HIE), a serious brain injury.

Jaundice

It’s quite common for newborns to experience jaundice, a medical condition produced by an excess of bilirubin in the bloodstream. Bilirubin is a yellowish substance that causes the baby’s skin and eyes to take on a yellow hue. In most cases, infant jaundice just needs to be monitored to ensure that the baby’s body is processing bilirubin appropriately. However, if it does not progress appropriately, doctors may need to intervene to prevent bilirubin from spreading to the brain. Untreated jaundice can cause kernicterus, a rare but serious type of brain damage.

Hypoglycemia

Commonly known as “low blood sugar,” hypoglycemia is a shortage of glucose, which is needed for normal brain function. If spotted with proper monitoring of symptoms, risk factors such as low birth weight, and blood tests if necessary, hypoglycemia is a perfectly treatable condition that shouldn’t lead to long-term complications. However, if hypoglycemia is not properly treated, it can lead to permanent brain damage.

Infection

certain types of infection during pregnancy, if not properly treated, can lead to brain damage in the baby. If an infection reaches the fetal membranes, it can disrupt the supply of nutrients and oxygen to the baby’s body, harming development. Newborns can also develop infections due to meconium aspiration – that is, breathing in a mixture of meconium (the baby’s first bowel movement) and amniotic fluid during labor. Doctors need to monitor for signs of infection both before and during pregnancy and take immediate steps to treat any infections that emerge.

Physical Birth Trauma

If the baby is not delivered properly, physical injury can occur. Birth trauma can happen due to the size or shape of the mother’s pelvis, awkward positioning during delivery, or prolonged labor, as well as especially large babies, premature births, and misuse of tools, such as forceps and extractors. Physical injury during delivery can cause brain damage, shoulder injuries, broken bones, and soft tissue injuries.

Birth is complex, and we don’t expect medical providers to be perfect. We do expect them to follow the professional standards of care. When those standards aren’t met, serious birth injuries follow. We hold them accountable.

Common Types of Birth Injuries

Any injury to an infant can have effects for the rest of their life. We understand the legal implications of all types of birth injuries, and we are committed to seeking full compensation for your child.

Cerebral Palsy

Cerebral palsy is a term for a group of disorders that affect the brain and nervous system, making it more difficult to move and maintain balance and posture. There are several types of cerebral palsy: ataxic, dyskinetic, hypotonic, spastic, and mixed. The brain damage that causes cerebral palsy may be a result of hypoxia, untreated jaundice, infection, or birth trauma – all of which are often preventable if medical professionals follow standards of care during labor and delivery.

Depending on the type and severity of cerebral palsy, children with this condition may need medication, medical treatment, such as surgery, physical therapy, speech therapy, occupational therapy, and assistive devices. Their long-term independence may be threatened, and they may need treatment for the rest of our lives. Our Chicago cerebral palsy attorneys know how to hold negligent medical providers accountable and pursue the full compensation your child needs.

Erb’s Palsy and Klumpke’s Palsy

Erb’s palsy is a medical term for paralysis of the arm due to an injury to the upper arm’s main nerves, called the brachial plexus. Typically, this occurs because of shoulder dystocia, where the baby’s shoulder is trapped by the mother’s pelvis after the baby’s head has exited the mother. Signs of birth injuries like Erb’s palsy can include loss of feeling in the arm, weakness in one arm, and partial or total paralysis.

Erb’s palsy can be caused by pulling too hard on the head and neck as the shoulders pass through the birth canal, or by misuse of forceps or vacuum extractors. The long-term cost of Erb’s palsy can be substantial, as the child will grow up with limited use of the arm.

Klumpke’s palsy or Klumpke paralysis is a related medical condition where the brachial plexus injury affects the forearm and hand, sometimes causing a “claw hand” appearance. Depending on the severity of the injury, the child may need occupational therapy, physiotherapy, and even surgery.

Spinal Cord Injury and Paralysis

Neonatal spinal cord injury is a rare condition that can be caused by improperly pulling and twisting the baby during a rushed delivery. Misuse of forceps and vacuum extractors to pull a baby from the birth canal can also damage the spinal cord by stretching nerves in the back and neck. The risk of spinal cord injury is elevated if the baby weighs more than eight pounds, is in a breech position, or there is a risk of bleeding in the brain from a maternal infection or preeclampsia. Doctors also need to screen the baby for spina bifida, a birth defect that makes the spinal cord more vulnerable, prior to delivery to avoid causing further damage.

Depending on the extent of the injury, a baby whose spinal cord is damaged may be partially or completely paralyzed. An entire team of medical professionals will be needed to work with the child to give them the best possible quality of life. With the proper care, treatment, and resources, babies can learn to adapt to their limitations and live happy, meaningful lives.

Bone Fractures and Soft Tissue Injuries

Depending on how the delivery progresses, fractures (broken bones) and soft tissue injuries sometimes occur. Fortunately, most of these injuries heal in time, but depending on the extent of the treatment and quality of follow-up care, they can have more serious complications. Medical professionals are responsible for providing high-quality care and minimizing damage.

Your Legal Rights and Options After a Birth Injury

When preventable birth injuries occur, victims have legal recourse against the medical providers responsible for those injuries. Depending on the circumstances, some of the medical facilities and providers responsible may include:

• Hospital
• Birthing center
• Obstetrician
• Anesthesiologist
• Labor and delivery nurse
• Nurse practitioner (NP)
• Nurse midwife (CNM)

The long-term cost of a birth injury can be substantial, especially if it causes a permanent disability. Your child may need medical treatment, assistive devices, physical or occupational therapy, in-home care, and other services for the rest of their life. Their eventual ability to work and earn an income may also be limited. Modifications to your home or vehicle may be needed to accommodate a disability. To the malpractice insurance company, this means a large potential cost to their bottom line, so they won’t make it easy for you to get fully compensated. 

That’s where we come in.

We know Illinois law, and we understand the true cost of a birth injury. We will launch a full investigation to get to the bottom of your child’s injury: what happened, why it happened, and who was responsible. Our goal is to get you answers and to advocate for the full compensation you need to maximize your child’s quality of life. Our Chicago birth injury lawyer will handle negotiations with the insurance company, and if necessary, will file a birth injury lawsuit and take your case to trial.

How Much Time Do You Have to File a Birth Injury Case in Illinois?

In Illinois, patients typically have two years from the date of injury or from when they reasonably should have discovered the injury to file a medical malpractice lawsuit. However, no matter when the injury is discovered, the claim must be filed within four years of the negligent act or omission.

For birth injuries, Illinois law allows certain exceptions to this time limit:

• Minors:  If the injury occurred before the victim turned 18, they have up to eight years from the date of injury to file a claim, but no later than their 22nd birthday.
• Disabilities: If the injured person is legally disabled, the statute of limitations does not begin until the disability is removed.
• Fraud: If a healthcare provider intentionally hides an error, the filing deadline extends to five years from the date the injury is discovered.

Even if you have some time before the deadline to actually file a lawsuit, it’s still in your interest to talk to a birth injury attorney about your options as soon as possible. Building a strong birth injury case takes time, and our investigation needs to start promptly. The sooner our Chicago birth injury lawyers get involved, the more options you will have to pursue accountability and financial support for your child.

How Common Are Birth Injuries?

Birth injuries happen more often than many people realize. According to the most recent data, approximately 1.9 out of every 1,000 live births in the United States result in some form of birth trauma. While some injuries may be minor and temporary, others can lead to lifelong disabilities requiring ongoing medical care.

Tragically, not all infants survive their birth injuries. The CDC reported that in 2021, birth injuries were the fourth leading cause of infant deaths, accounting for one in five infant deaths that year. Additionally, infant mortality data from the National Center for Health Statistics shows that the U.S. infant death rate has risen slightly, from 5.4 per 1,000 births in 2021 to 5.6 per 1,000 births.

While some birth injuries are unavoidable, many are the direct result of medical negligence, such as a doctor failing to monitor fetal distress, making errors during delivery, or delaying a necessary C-section. Identifying whether negligence played a role is critical in determining whether you have a valid legal claim.

What Is the Difference Between a Birth Injury and a Birth Defect?

The terms birth injury and birth defect are often confused, but they refer to very different conditions.

• A birth defect is a condition that develops before birth, usually due to genetic factors or complications during pregnancy. Birth defects can range from structural abnormalities, such as cleft palates or heart defects, to neurological conditions caused by chromosomal abnormalities. While some birth defects can be detected during pregnancy, many cannot be predicted or prevented.
• A birth injury, on the other hand, occurs during labor or delivery and is often caused by trauma, complications, or medical mistakes. Unlike birth defects, birth injuries are frequently preventable when medical professionals follow proper procedures and standards of care. Examples include cerebral palsy, Erb’s palsy, and brain damage caused by oxygen deprivation.

If your child suffered a birth injury, it’s important to determine whether medical negligence was involved. A birth injury lawsuit can help provide financial support for medical care, rehabilitation, and your child’s future needs. To get started, call the Chicago birth injury lawyers at Coplan + Crane for a FREE case evaluation. 

Most Common Examples of Medical Negligence in Birth Injury Cases

Medical professionals are expected to follow strict standards of care during pregnancy, labor, and delivery. When they fail to do so, the consequences can be devastating. Some of the most common types of medical negligence that lead to birth injuries include:

• Misuse of birthing tools: Improper use of forceps or vacuum extractors can cause serious head trauma, skull fractures, or nerve damage.
• Failure to monitor fetal distress: If a baby’s oxygen levels drop during labor, doctors must act quickly to prevent brain damage. Delays in intervention can lead to cerebral palsy or hypoxic-ischemic encephalopathy (HIE).
• Delayed C-section: When labor becomes complicated or prolonged, an emergency C-section may be the safest option. Failing to perform one in time can lead to oxygen deprivation, brain injuries, or wrongful death.
• Poor prenatal care: If a doctor fails to diagnose gestational diabetes, preeclampsia, or infections, both mother and baby may be at risk.
• Understaffed hospitals: A lack of trained medical staff can lead to delays in treatment, miscommunication, and preventable mistakes.

If any of these errors contributed to your child’s birth injury, you may have a case for medical malpractice. The best way to know if you have a case is to meet personally with a Chicago birth injury lawyer at Coplan + Crane. During your FREE case evaluation, we will listen to your story, assess the merits of your claim, and explain your legal rights and options.

How Can I Tell if My Doctor Was Responsible for the Birth Injury?

Determining whether a doctor or hospital is responsible for a birth injury requires a detailed review of medical records and expert testimony. In many cases, medical mistakes are not immediately obvious, and doctors may not admit that an error occurred.

At Coplan + Crane, we are proud to be a birth injury law firm. We work with leading obstetricians, neonatologists, and medical experts who can analyze your medical records and identify whether your doctor deviated from the standard of care. We will investigate:

• Whether prenatal risk factors were properly identified and managed
• If the labor and delivery team responded appropriately to complications
• Whether medical tools were used correctly
• If the doctor’s decisions aligned with medical best practices

If our investigation reveals negligence, our Chicago birth injury lawyers will build a strong case and fight for the compensation your family needs.

How to Identify OB/GYN Negligence

Not every birth injury is due to malpractice, but there are warning signs that medical negligence may have played a role. Some red flags include:

• A doctor or nurse failing to monitor vital signs
• Delays in recommending a C-section despite signs of distress
• Forceful pulling or yanking on the baby during delivery
• Failure to diagnose maternal health conditions like preeclampsia or gestational diabetes
• A lack of informed consent before procedures

If you experienced any of these issues and your child suffered a birth injury, it’s critical to speak with an experienced birth injury attorney as soon as possible.

What to Do After a Birth Injury

If your child suffered a birth injury, taking the right steps can protect their future and strengthen your legal case:

1. Seek medical care: Ensure your child is getting the best possible treatment from a trusted specialist.
2. Keep records: Document all medical appointments, diagnoses, treatments, and symptoms.
3. Avoid speaking to insurance companies: They may try to lowball your claim or deny responsibility.
4. Consult a birth injury lawyer: A birth injury attorney can review your case and help determine your legal options.

Do not wait to contact a birth injury attorney at Coplan + Crane. Delaying your case beyond the statute of limitations could prevent you from obtaining the justice and compensation you deserve.

Should You File a Lawsuit?

If medical negligence caused your child’s injury, filing a lawsuit can provide:

• Financial compensation to cover medical bills, therapy, and assistive care
• Accountability for the doctor or hospital responsible
• A secure future for your child by ensuring they have the resources they need

We know this is a difficult time, but taking legal action can make a significant difference in your child’s life. Call the Chicago birth injury lawyers at Coplan + Crane today for a FREE case review. 

Potential Damages in a Birth Injury Lawsuit

A successful birth injury lawsuit can help recover compensation for:

• Medical expenses: Past and future costs of treatment, surgery, and therapy
• Assistive care: Physical therapy, speech therapy, and home modifications
• Lost future earnings: If the injury affects your child’s ability to work
• Pain and suffering: Compensation for emotional and physical distress
• Punitive damages: If the negligence was especially reckless

The amount of compensation you can pursue depends on a number of factors. A birth injury lawyer at Coplan + Crane will examine every way in which your child’s injury has affected your life, the life of your child, and the lives of your family. We will work diligently to obtain the full and fair compensation to which you are entitled under Illinois law.

How Can a Birth Injury Lawyer Help?

At Coplan + Crane, our Chicago birth injury lawyers will handle every aspect of your case so you can focus on your family. We will:

• Investigate the cause of the birth injury
• Work with top medical experts to prove negligence
• Handle all negotiations with insurance companies
• Take your case to trial if necessary

Our goal is to secure the maximum compensation your child needs for a healthy, fulfilling future.

If your child suffered a birth injury, don’t wait—contact Coplan + Crane today for a FREE consultation and let our birth injury attorneys fight for the justice your family deserves.

Why Choose a Birth Injury Lawyer at Coplan + Crane?

At Coplan + Crane, we understand that a birth injury can be life-altering for both your child and your entire family. The emotional and financial toll can be overwhelming, but you don’t have to face it alone. Our experienced birth injury lawyers have a proven track record of holding negligent medical professionals accountable and securing meaningful compensation for families across Chicago and Illinois.

We take a compassionate yet aggressive approach to every case. We know that insurance companies and hospitals will do everything in their power to minimize or deny your claim, but we won’t let them get away with it. With our team of experienced Chicago birth injury lawyers on your side, you’ll have access to top medical experts, extensive legal resources, and a dedicated team that will fight tirelessly for your child’s future. We handle every case on a contingency fee basis, meaning you pay nothing unless we win.

Talk to Our Chicago Birth Injury Attorneys for FREE

Birth injury cases can be very difficult, even if your case seems clear-cut. Winning a malpractice claim requires strong evidence that the medical provider made a mistake that led to your child’s injuries, and gathering this kind of evidence takes a lot of time and work. Hospital charts, medical records, and other important data must be reviewed carefully. Every piece of evidence matters. The more evidence your birth injury lawyer has recovered, the stronger your case.

We’ve walked through this process with many families, and we know how heart-wrenchingly difficult it can be. While we can’t promise a fast or easy resolution, we can promise to be your strongest advocate from start to finish. Our birth injury lawyers will handle the legal matters and keep you informed while you focus on your child and your family. We will also connect you with resources and providers who can help you find your path forward.

We work on a contingency fee basis, which means you pay nothing if you don’t win. Our firm will advance the costs to move your child’s case forward, investing our own time and resources as we fight for the best possible resolution. If we win, our fee is a percentage of the recovery; if we lose, there is no fee. It’s that simple.

If your child has been hurt, we would be honored to listen to your story and explain how we may be able to help. There is no cost and no pressure to hire us, just answers about your child’s legal rights and options. 

Contact Coplan + Crane today online or at 312-982-0588 for a FREE case review. Our Chicago birth injury lawyers serve clients in Chicago, Oak Park, Rockford, and other areas of Illinois.

Birth Injury Frequently Asked Questions