Abogado especializado en lesiones durante el parto en Chicago

With roughly seven out of every 1,000 children suffering a birth injury, families are far too often left dealing with overwhelming emotional and financial stress. Every Chicago birth injury lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers, brings decades of experience to your fight as our medical malpractice attorneys work tirelessly to hold healthcare providers accountable for preventable newborn injuries.

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

A birth injury results from medical negligence during labor or delivery, while a birth defect stems from genetic or environmental factors during pregnancy. Birth defects typically don’t warrant compensation because standard care protocols were followed.

Birth injuries, by contrast, involve physical or neurological harm—often categorized as birth trauma—caused by a preventable medical error, and those responsible can be held accountable.

The most common birth injuries include:

• Cerebral palsy: affecting movement and muscle coordination and can result from oxygen deprivation during birth
• Erb’s palsy: caused by nerve damage in the child’s shoulder, arm, or hand
• Brachial plexus injury: affecting movement and sensation in the arms and hands
• Facial paralysis: partial or total loss of facial muscle control due to facial nerve injuries at birth
• Brain and spinal cord injuries: neural damage leading to cognitive or physical disabilities
• Hypoxic-ischemic encephalopathy: from insufficient oxygen during birth
• Shoulder dystocia: which can lead to nerve damage and fractures
• Bone fractures: caused by a difficult or mismanaged delivery
• Loss of hearing or sight: from nerve damage sustained during birth
• Hematomas and bruising: from improper use of forceps or vacuum extraction

Who Can Be Held Accountable for a Birth Injury?

Multiple parties may bear legal responsibility when medical negligence leads to a child’s birth injury or harm to both the child and the mother. Depending on the circumstances surrounding labor and delivery, liability may extend to:

• Healthcare professionals: doctors, nurses, and other medical staff involved in the delivery
• Hospitals or healthcare facilities: the institution where the injury occurred
• Pharmaceutical companies: if a medication or medical device contributed to the injury

Filing a birth injury claim isn’t only about holding individuals responsible. It also addresses systemic failures in medical care and can help protect other families from experiencing the same harm. Your personal injury lawyer will thoroughly investigate the claim to determine exactly where liability lies.

¿Qué causa las lesiones durante el parto?

Birth injuries can occur at any stage of the birthing process, from prenatal care through delivery. Common risk factors include:

• No diagnosticar o tratar las infecciones en la madre.
• Mala gestión de los embarazos de alto riesgo
• Improper use of forceps or vacuum extractors
• Delayed C-sections that lead to oxygen-deprivation injuries
• Parto prolongado
• No supervisar el sufrimiento fetal durante el parto.
• Administración incorrecta de medicamentos, incluyendo epidurales y Pitocin.

How Is Negligence Proven in a Birth Injury Case?

Birth injury and medical malpractice claims are among the most legally complex types of litigation. Proving medical negligence in a birth injury case requires a structured legal approach. A Chicago birth injury attorney at The Kryder Law Group will typically:

1. Gather evidence: medical records, expert witness testimonies, and relevant documentation
2. Establish the standard of care: define what a competent provider should have done under the same circumstances
3. Show a breach of duty: demonstrate how the medical professional deviated from that standard
4. Prove causation: establish a direct link between the breach and your child’s injury
5. Calculate damages: account for all current and future losses, including long-term care costs

The Role of Medical Experts in Birth Injury Cases

Birth injury cases rely heavily on testimony from qualified medical professionals. The Kryder Law Group works closely with medical experts—including obstetricians, neonatologists, and pediatric neurologists—to build a strong, evidence-backed case.

• Obstetricians offer insight into standard labor and delivery practices and where care may have fallen short.
• Neonatologists assess the extent of injury and its likely impact on the child’s development.
• Pediatric neurologists evaluate neurological damage and long-term prognosis.

Together, these professionals help establish causation and support the pursuit of fair compensation for both the mother and those who suffered birth injuries.

How Long Do I Have to File a Birth Injury Lawsuit in Illinois?

In Illinois, parents generally have up to eight years from the date of a birth injury to file a medical malpractice lawsuit on behalf of their child under 735 ILCS 5/13-212(b). In no case may an action be brought after the child’s 22nd birthday. Because timelines vary based on the specific circumstances of a case, it’s important to speak with a birth injury attorney as soon as possible to protect your rights.

What Compensation Can Be Recovered in a Birth Injury Case?

Families that pursue a claim on behalf of birth injury victims may be eligible to recover:

• Medical expenses—past and future costs related to the serious injury
• Lost wages—if a parent missed work to care for an injured child
• Pain and suffering—for the physical and emotional impact on the child
• Ongoing care and support—for children requiring long-term treatment or special accommodations

Birth Injury Case Results in Illinois

While every case is unique, the following are examples of successful recoveries obtained in Illinois birth injury cases:

• $102 million for a newborn who suffered permanent brain damage after treaters failed to recognize complications in fetal monitoring strips
• $35 million for a newborn who suffered brain damage, cerebral palsy, and quadriplegia from a delayed delivery
• $29.1 million for a newborn who sustained severe brain damage after an infection went unidentified and untreated
• $23.1 million for a newborn who suffered brain damage and cerebral palsy because a neonatologist was not onsite
• $13.3 million for a newborn who suffered permanent arm injuries during delivery
• $8.25 million for the family of a newborn who died due to a prescription medication error

Frequently Asked Questions About Birth Injury Claims

Here are some frequently asked questions we’ve been asked about birth injury claims.

What is the difference between a birth injury and medical malpractice?

A birth injury caused by medical negligence is a form of medical malpractice. Not all birth injuries constitute malpractice—only those where a provider’s deviation from the accepted standard of care directly caused harm to the child.

Can I file a birth injury claim if my child’s injury wasn’t discovered until years later?

Illinois law accounts for delayed discovery in minor injury cases. Under 735 ILCS 5/13-212(b), claims on behalf of a minor may be filed up to eight years from the date of injury or before the child’s 22nd birthday, whichever comes first. Consult a birth injury attorney promptly if you suspect a delayed diagnosis.

Does filing a birth injury lawsuit cost anything upfront?

The Kryder Law Group operates on a contingency fee basis, meaning you pay nothing unless the firm wins your case. There are no retainers or hourly fees to get started.

How much does it cost to hire a Chicago birth injury lawyer?

There are no upfront attorney fees to get started. The Kryder Law Group handles birth injury cases on a contingency fee basis, which means you owe no attorney fee unless the firm recovers compensation for you. If there is no recovery, there is no fee—period. When there is a recovery, the attorney fee is a percentage of that amount, typically ranging from 30% to 40%, depending on the complexity of the case and when it resolves. Case costs, such as obtaining medical records, filing fees, and retaining medical professionals to support your claim, are advanced by the firm and reimbursed from the recovery at the end of the case. You will never be asked to pay anything out of pocket to pursue your child’s claim. For more details, see The Kryder Law Group’s No Fee Guarantee.

Póngase en contacto con The Kryder Law Group, LLC Abogados de accidentes y lesiones

If your child has suffered a birth injury, getting legal guidance early makes a difference. The legal team at The Kryder Law Group, LLC Accident and Injury Lawyers, is ready to help families in Chicago and throughout Illinois pursue the justice they deserve. The firm’s compassionate attorneys will walk you through every step of the legal process and work to secure the compensation your child needs for the future.

Call for a free consultation. The Kryder Law Group offers no-obligation meetings where an attorney will evaluate your case, explain your legal options, and answer your questions—at no cost to you.