When the unthinkable happens during what should be one of the happiest moments of your life, your family deserves answers. If your child suffered a birth injury in Illinois, you may be trying to understand what happened, whether the injury could have been prevented, and how your family will afford the care your child may need in the years ahead.
At Schafer & Schafer, we understand how devastating a birth injury can be for a family. The physical, emotional, and financial challenges can feel overwhelming, but you do not have to face them alone. Our birth injury lawyers help families in Sauk Village, Lynwood, Calumet City, Lansing, and communities throughout the South Chicago suburbs pursue justice after preventable delivery injuries, birth trauma, and newborn complications.
Medical professionals have a duty to protect both mother and baby during pregnancy, labor, delivery, and newborn care. When doctors, nurses, hospitals, or other providers fail to follow accepted standards, a child can suffer lifelong harm. Our firm investigates what went wrong, works with leading medical experts, and fights for compensation that reflects your child’s needs now and in the future.
If you believe your child was harmed by medical negligence, call 219-947-1911 or contact our office today to learn your rights.
Did Your Child Suffer A Birth Injury In Illinois?
A birth injury is harm a baby suffers before, during, or shortly after delivery. Some injuries are minor and heal with time. Others can affect a child for life, leading to developmental delays, mobility challenges, cognitive impairment, seizures, breathing problems, feeding difficulties, or the need for ongoing medical care.
Not every complication is caused by malpractice. Some birth complications are unforeseeable, even when doctors and nurses provide appropriate care. But many child birth injuries are preventable. When warning signs are missed, fetal distress is ignored, a C-section is delayed, medical tools are misused, or newborn distress is not treated quickly, families may have a legal right to pursue a claim.
Parents often begin asking questions after a diagnosis such as cerebral palsy, brain damage, birth asphyxia, brachial plexus injury, Erb’s palsy, skull fracture, or developmental delay. These conditions may have many possible causes, which is why a careful investigation is so important.
Schafer & Schafer can review the medical records, consult with qualified experts, and help your family determine whether a medical malpractice birth injury claim may be available.
What Is The Difference Between A Birth Injury And A Birth Defect?
Parents are often told their child has a “birth injury” or a “birth defect,” but those terms do not mean the same thing.
A birth defect usually refers to a health condition or structural difference that develops before birth. The CDC explains that birth defects are structural changes present at birth that may affect how the body looks, works, or both. Many birth defects are linked to genetic factors, developmental issues, infections, medication exposure, or other conditions during pregnancy.
A birth injury, by contrast, is often harm that occurs because of trauma, oxygen deprivation, delayed treatment, improper delivery techniques, or medical negligence during pregnancy, labor, delivery, or newborn care. A baby may be healthy during pregnancy but suffer serious harm because providers fail to respond appropriately during delivery.
The difference matters because a birth defect may not involve legal responsibility, while a preventable birth injury may support a claim for compensation. If you are unsure which applies to your child’s condition, an experienced birth injury attorney can help review the facts and medical history.
When Can Medical Malpractice Cause A Birth Injury?
Medical malpractice can cause a birth injury when a healthcare provider fails to meet the accepted standard of care and that failure harms the baby or mother. In birth trauma cases, negligence may occur before delivery, during labor, during a C-section, or in the hours after birth.
Common examples of labor and delivery malpractice may include:
- failing to monitor fetal distress;
- ignoring abnormal fetal heart rate patterns;
- delaying a necessary C-section;
- misusing forceps or vacuum extractors;
- failing to recognize umbilical cord complications;
- failing to treat maternal infection or high blood pressure;
- failing to respond to prolonged labor;
- improperly managing shoulder dystocia;
- failing to resuscitate a newborn quickly;
- failing to transfer the mother or baby to a higher level of care.
The original page explained that birth injuries can happen when doctors, nurses, or facilities fail to follow proper protocols during pregnancy, labor, or delivery. That remains the core issue in many cases. Medical providers are not responsible for every poor outcome, but they can be held accountable when preventable mistakes cause serious harm.
At Schafer & Schafer, we leave no stone unturned. We review records, consult experts, identify what went wrong, and determine whether the right parties can be held legally responsible.
Common Types Of Birth Injuries Families Face
Birth injuries can affect the brain, nerves, bones, muscles, oxygen supply, and other parts of a newborn’s body. Some signs appear immediately. Others may not become clear until a child misses developmental milestones.
Cerebral Palsy
Cerebral palsy is one of the most serious conditions linked to birth trauma cases. The CDC describes cerebral palsy as a group of disorders affecting movement, balance, and posture. In some cases, cerebral palsy may be connected to abnormal brain development. In others, it may be related to brain damage before, during, or shortly after birth.
A cerebral palsy birth injury may involve oxygen deprivation, untreated fetal distress, delayed C-section, infection, bleeding, or failure to respond to signs that a baby was in trouble. A child with cerebral palsy may need therapy, mobility equipment, medication, surgeries, educational support, and lifelong care.
Schafer & Schafer has handled serious birth injury claims involving brain damage and cerebral palsy, including a $12 million medical malpractice birth injury case involving a child with cerebral palsy.
Birth Asphyxia
Birth asphyxia occurs when a baby does not receive enough oxygen before, during, or shortly after delivery. Oxygen deprivation can damage the brain and other organs. A birth asphyxia lawyer may investigate whether the medical team failed to recognize fetal distress, failed to respond to cord complications, delayed delivery, or did not resuscitate the newborn properly.
Possible warning signs may include abnormal fetal heart tracings, low Apgar scores, seizures, poor breathing, low oxygen levels, unusual muscle tone, or the need for emergency neonatal care. These signs do not always prove malpractice, but they may justify a closer review.
Brain Injuries
A newborn brain injury can have lifelong consequences. Brain damage may result from oxygen deprivation, bleeding, trauma, infection, untreated jaundice, or other delivery complications. Some children require long-term therapy, adaptive equipment, specialized education, and full-time assistance.
Because brain injuries can affect a child’s future in profound ways, families need a legal team that understands both liability and lifetime care. Our firm helps families pursue compensation for brain injury treatment, therapy, and future support.
Other common birth injuries may include brachial plexus injuries, Erb’s palsy, skull fractures, swelling, nerve damage, fractures, spinal cord trauma, and injuries related to improper use of delivery tools.
Delivery Complications That May Signal Negligence
Some delivery complications are emergencies that require immediate action. When medical teams fail to respond, the consequences can be devastating.
Warning signs that may point to negligence include prolonged labor, abnormal fetal heart rate, umbilical cord problems, placental abruption, shoulder dystocia, maternal bleeding, untreated infection, preeclampsia, uterine rupture, meconium aspiration concerns, and failure to progress during labor.
Negligence may also involve poor communication among providers. For example, a nurse may fail to alert a doctor to fetal distress. A physician may wait too long to order a C-section. A hospital may fail to have appropriate staff or equipment available. A newborn may not receive timely respiratory support after birth.
Parents may not know what went wrong because hospitals and doctors rarely explain every detail. That is why medical records, fetal monitoring strips, nursing notes, delivery records, and expert review matter so much.
How Do You Know If A Doctor Or Hospital Was Responsible?
Determining liability in a birth injury case can be complex. Potentially responsible parties may include obstetricians, nurses, midwives, anesthesiologists, pediatricians, neonatologists, hospitals, clinics, or other healthcare providers.
To prove a birth injury claim, your legal team generally needs to show that a provider owed a duty of care, failed to meet the accepted standard of care, and caused harm to your child. That often requires testimony from qualified medical professionals who can explain what should have happened and how negligence caused the injury.
At Schafer & Schafer, we partner with respected medical experts to support our clients’ cases. These experts can review the timeline of care, explain the significance of fetal monitoring results, identify preventable mistakes, and connect the negligence to your child’s condition.
What Compensation Can Families Recover In A Birth Injury Claim?
A successful birth injury claim can help families pursue compensation for the losses caused by medical negligence. The goal is not only to address the immediate medical bills but also to protect the child’s future.
Depending on the case, compensation may include medical expenses, future medical care, therapy, rehabilitation, assistive devices, home modifications, special education needs, pain and suffering, loss of normal life, caregiver expenses, and other damages.
A birth injury can affect the entire family. Parents may miss work, change careers, become full-time caregivers, or face years of uncertainty. Compensation can help provide stability and support when a preventable medical mistake changes a child’s life.
If the birth injury leads to the tragic loss of a child, the family may need guidance about a fatal birth injury or infant death claim.
Long-Term Care
Children with severe birth injuries may need long-term care for many years or for life. This can include specialist appointments, surgeries, medications, mobility equipment, home nursing, feeding support, seizure management, and adaptive technology.
A strong claim should account for future needs, not just current bills. Schafer & Schafer fights for settlements and verdicts that reflect the real cost of care.
Ongoing Therapy
Many children need physical therapy, occupational therapy, speech therapy, behavioral therapy, or developmental services. Therapy can help children build strength, improve movement, develop communication skills, and gain independence.
These services can be expensive, especially when a child needs them over many years. A birth injury claim should include the cost of ongoing therapy and rehabilitation.
Financial Support For Your Child
A preventable birth injury can create financial pressure that lasts a lifetime. Your child may need special education support, accessible housing, transportation modifications, caregiver assistance, and future medical planning.
A legal claim can help your family pursue the compensation needed to support your child’s health, dignity, and quality of life.
How Long Do You Have To File A Birth Injury Lawsuit In Illinois?
Illinois birth injury lawsuits are subject to strict deadlines. In many medical malpractice cases, the time limit depends on when the injury was discovered, when it should have been discovered, and whether the injured person is a minor.
Under the Illinois medical malpractice statute, special timing rules may apply when the injured person was under 18 at the time the claim accrued. However, deadlines can be complicated, and waiting too long can put your family’s rights at risk.
Do not assume you have plenty of time because your child is young. Evidence can disappear, memories can fade, medical records may become harder to obtain, and legal deadlines may pass. Speaking with a birth injury lawyer early gives your family the best chance to preserve evidence and understand your options.
What Should Parents Do If They Suspect A Birth Injury?
If you suspect your child’s injury was caused by medical negligence, there are steps you can take to protect your family.
First, continue getting your child the medical care they need. Follow up with pediatricians, specialists, therapists, and early intervention providers. Your child’s health comes first.
Second, request and save records. Keep copies of hospital discharge papers, NICU records, fetal monitoring information, imaging results, diagnosis records, therapy notes, prescriptions, bills, and communications with providers.
Third, write down what you remember. Include when symptoms appeared, what doctors told you, what happened during labor, whether there was an emergency C-section, whether forceps or vacuum extraction were used, and whether your baby had trouble breathing.
Fourth, avoid signing releases or accepting explanations that do not make sense before speaking with an attorney. Hospitals and insurers may not tell you everything you need to know.
Finally, contact a birth trauma attorney who can investigate. Schafer & Schafer can review what happened, consult medical experts, and help your family decide whether legal action is appropriate.
Serving Families In Sauk Village, Lynwood, Calumet City, And Lansing
Schafer & Schafer proudly serves families in Sauk Village, Lynwood, Calumet City, Lansing, and throughout the South Chicago suburbs. We know that families facing a birth injury need more than legal paperwork. They need compassion, answers, and a team willing to fight for accountability.
Our firm is more than just a law firm. We are a family fighting for other families. We understand that birth injury cases involve grief, anger, confusion, and fear about the future. We take those concerns seriously and work to make the legal process as clear and supportive as possible.
Whether your child suffered cerebral palsy, brain injury, birth asphyxia, brachial plexus injury, or another serious newborn injury, our team can help you understand your legal options.
Why Choose Schafer & Schafer For A Birth Injury Case?
When choosing a law firm for a birth injury case, you need experience, empathy, and determination. Schafer & Schafer helps families by:
- investigating your child’s injury and gathering evidence;
- reviewing medical records and delivery timelines;
- consulting with respected medical experts;
- identifying doctors, nurses, hospitals, or facilities that may be responsible;
- calculating long-term care costs and future needs;
- negotiating for settlements that reflect your family’s reality;
- fighting aggressively in court when necessary.
We do not settle for less than your family deserves. Whether your case involves long-term care, therapy, adaptive equipment, or lifelong medical needs, we fight for compensation that truly supports your child.
Contact Our Birth Injury Lawyers To Learn Your Rights
If your family has been impacted by a birth injury, you deserve answers and support. The sooner you reach out, the sooner our team can begin investigating your case, preserving evidence, and protecting your child’s future.
Schafer & Schafer represents families affected by birth injuries, birth trauma, cerebral palsy, birth asphyxia, brain injuries, and other delivery-related harm. We are ready to listen to your story and help you understand what may have gone wrong.
Call 219-947-1911 or contact us online for your free consultation.
