Birth Injury Litigation Guide for Families: Protecting Your Child’s Future After Medical Negligence

Understanding Birth Injury Litigation and Why It Matters to Families

The term birth injury refers to an injury that occurs during the labor and delivery process. These injuries can range from mild and temporary to severe and life altering. In the most tragic cases, birth injuries can be fatal. When a child is harmed at birth, the impact extends far beyond the delivery room. The emotional, physical, and financial consequences can affect the entire family for decades.

Birth injury litigation exists to protect families when these injuries are caused by medical negligence. Doctors and hospitals are required to follow accepted standards of care during pregnancy, labor, and delivery. When they fail to do so and a child is injured, the law provides families with a way to seek accountability, financial security, and answers.

For parents, this type of litigation is not about blame. It is about ensuring a child has access to the medical care, therapy, education, and support they will need throughout life. It is also about protecting the stability and well being of the family as a whole.

Advances in Medicine Have Reduced Risk but Birth Injuries Still Occur

Modern medical advancements such as continuous fetal monitoring have significantly reduced infant morbidity and mortality. In cities like Chicago and throughout Illinois, fetal monitoring has become standard practice in hospitals. As a result, the overall incidence of birth injuries has declined.

Despite these improvements, a shocking number of children are still injured every year during labor and delivery. Many of these injuries are completely avoidable and preventable. In numerous cases, doctors or hospitals fail to properly monitor fetal heart tracings, fail to recognize signs of distress, or fail to perform a timely cesarean section when it is medically required.

When warning signs are ignored or delayed decisions are made, the consequences for the child and the family can be devastating and permanent.

When Medical Negligence Causes Birth Injuries

Birth injuries often occur when healthcare providers do not respond appropriately to complications during labor and delivery. Examples of negligent conduct include failing to monitor the progress of labor, misinterpreting fetal monitoring data, using excessive force during delivery, or delaying emergency intervention.

Families should be especially alert when injuries occur alongside signs of fetal distress. If you suspect that your child was injured due to medical negligence, it is critical to contact an experienced birth injury lawyer as soon as possible. Early legal action can help preserve medical records, electronic fetal monitoring data, and witness testimony.

Risk Factors That Increase the Likelihood of Birth Injuries

Certain conditions and circumstances are known to increase the statistical likelihood of a birth injury. These factors do not automatically mean negligence occurred, but they often require heightened vigilance from medical staff.

Common Birth Injury Risk Factors

• Large fetal size which often occurs when the mother has diabetes
• Abnormal fetal position in the uterus such as breech presentation
• Premature birth
• Abnormal pelvic anatomy
• Prolonged or stormy labor and delivery
• Use of mechanical assistance such as forceps or vacuum extraction
• Excessive force applied during delivery

Additional red flags may include low Apgar scores, low umbilical cord blood pH levels, or seizures shortly after birth. These findings can be strong indicators of a birth injury caused by oxygen deprivation or other forms of medical negligence.

Birth Injuries and Cerebral Palsy in Children

Children who sustain birth injuries are often later diagnosed with Cerebral Palsy. Cerebral palsy is a neurological disorder that typically appears after birth and affects muscle control, coordination, posture, and sometimes cognitive function.

One of the leading causes of cerebral palsy is a hypoxic brain injury, meaning a lack of oxygen to the brain during labor and delivery. Oxygen deprivation may occur when fetal distress is not recognized in time or when delivery is delayed despite clear warning signs.

For families, a cerebral palsy diagnosis can be overwhelming. Children with cerebral palsy often require lifelong medical treatment, physical therapy, occupational therapy, assistive devices, and specialized education. Birth injury litigation can help families secure the financial resources necessary to provide these essential services and maintain quality of life.

How Birth Injury Litigation Helps Families Plan for the Future

Birth injury litigation is about more than compensation. It is about creating long term stability for families facing extraordinary challenges. Successful claims may provide financial support for medical care, therapy, home modifications, mobility equipment, educational services, and future lost earning capacity.

Just as importantly, these cases can expose unsafe medical practices and help prevent other families from experiencing similar harm.

Why Families Trust Goldberg & Goldberg, LLC

For more than sixty years, Goldberg & Goldberg, LLC has been dedicated to protecting the rights of families affected by medical malpractice and birth injuries in Chicago, throughout Illinois, and nationwide.

The firm is known for combining deep legal knowledge with sophisticated medical analysis. Our attorneys work closely with leading physicians, neonatologists, obstetricians, and life care planners to fully understand how a birth injury occurred and how it will affect a child and family over a lifetime.

This experience allows them to present powerful cases on behalf of families and pursue results that truly reflect the long term needs of injured children.

Frequently Asked Questions About Birth Injury Litigation

What is birth injury litigation

Birth injury litigation is a legal process that allows families to seek compensation when a child is injured during labor and delivery due to medical negligence.

How do I know if my child’s injury was preventable

A qualified birth injury lawyer can review medical records and consult experts to determine whether proper standards of care were followed.

How long do families have to file a birth injury claim

Time limits are strict and vary by state. Acting quickly helps protect your family’s legal rights.

What compensation can families recover

Compensation may include medical expenses, therapy costs, special education needs, pain and suffering, and future care costs.

Can hospitals be held responsible

Yes. Hospitals may be liable for the actions of their staff or for unsafe policies and procedures.

Is the initial consultation free

Yes. Families can speak with an experienced lawyer at no cost and with no obligation.

Contact a Birth Injury Lawyer Who Puts Families First

A birth injury can change a family forever. You do not have to face this journey alone. If you believe your child was injured during labor or delivery due to medical negligence, it is important to speak with a lawyer who understands both the law and the medical complexities involved.

For over sixty years, Goldberg & Goldberg, LLC has worked tirelessly to protect families and children harmed by preventable medical errors. If you wish to discuss a birth injury or medical malpractice matter, contact the firm today at 312 368 0233. Your initial consultation is absolutely free, and your family’s future deserves immediate attention.