Zayed Law Offices is proud to serve Chicago and communities across Illinois with experienced personal injury representation, including cases involving birth injuries. Expecting parents place enormous trust in obstetricians, nurses, and hospital staff throughout the Chicagoland area during one of the most important moments of their lives. When medical negligence during pregnancy, labor, or delivery causes harm to a mother or newborn, the physical, emotional, and financial toll can last a lifetime.
Birth injury cases are among the most complex and emotionally difficult claims in personal injury law. Zayed Law Offices understands the medical and legal complexities involved and works to secure the resources families need to care for a child who has suffered a preventable birth injury.
Suffered a birth injury at a Chicago hospital? Contact Zayed Law Offices for the representation you deserve — no fee unless we win.
Common Causes of Birth Injuries
Birth injuries can occur at any stage of pregnancy, labor, or delivery, and often result from a failure to properly monitor mother and baby or respond quickly to warning signs. Common causes include:
- Failure to monitor fetal heart rate during labor
- Delayed decision to perform an emergency cesarean section
- Improper use of forceps or vacuum extraction devices
- Failure to diagnose or treat maternal infections
- Medication errors during pregnancy or delivery
- Failure to recognize or treat fetal distress
- Improper response to umbilical cord complications
- Inadequate prenatal care and failure to identify high-risk pregnancies
- Anesthesia errors during delivery
- Negligent post-delivery care of mother or newborn
Because labor and delivery can change rapidly, hospital staff must be prepared to recognize warning signs and act quickly. When they fail to do so, the consequences for a newborn can be permanent.
Types of Birth Injuries
Birth injuries can affect a child physically, cognitively, or both, sometimes resulting in lifelong conditions requiring extensive care. Zayed Law Offices regularly assists families dealing with:
- Cerebral palsy caused by oxygen deprivation during birth
- Hypoxic-ischemic encephalopathy (brain injury from lack of oxygen)
- Brachial plexus injuries, including Erb’s palsy
- Fractures, including clavicle fractures during difficult deliveries
- Nerve damage
- Developmental delays
- Seizure disorders
- Maternal injuries, including hemorrhage or infection
- Wrongful death of a newborn or mother
Because many birth injuries are not fully understood until months or years later, as developmental milestones are missed, families often face a long road before receiving a clear diagnosis and understanding the true extent of their child’s condition.
Proving Birth Injury Malpractice Under Illinois Law
Illinois law requires a family alleging birth injury malpractice to show that a healthcare provider deviated from the accepted standard of care and that this deviation directly caused harm to the mother or child. Because birth injury cases often involve complex questions about fetal monitoring, timing of interventions, and long-term developmental outcomes, they almost always require testimony from qualified medical experts, including obstetricians and pediatric neurologists.
Illinois law also requires that a medical malpractice lawsuit be supported by an affidavit of merit from a qualified healthcare professional before the case can proceed. Zayed Law Offices works with experienced medical experts to thoroughly review labor and delivery records, fetal monitoring strips, and hospital protocols to build a strong foundation for your case.
Illinois’ Statute of Limitations for Birth Injury Claims
Illinois generally requires medical malpractice claims to be filed within two years of the date the injury was discovered, or reasonably should have been discovered, but no later than four years from the date of the negligent act. However, Illinois law provides important exceptions for claims involving minors, which can extend the filing period for a child’s birth injury claim well beyond the standard deadlines that apply to adult malpractice cases. Because these rules are highly fact-specific, it is important to consult an attorney to understand the deadlines that apply to your family’s situation.
Illinois’ Modified Comparative Fault Rule
Illinois follows a modified comparative fault rule, meaning an injured party can recover compensation as long as they are found less than 51 percent at fault for the harm suffered. In birth injury cases, hospital defense teams frequently attempt to attribute a child’s condition to genetics, an unrelated medical condition, or an unavoidable complication of pregnancy rather than provider negligence. Strong expert testimony is essential to demonstrating that the injury resulted from a deviation from the standard of care.
What to Do If You Suspect a Birth Injury
If your child has been diagnosed with a condition that may be linked to complications during birth, taking the right steps can help protect your family’s legal rights.
- Request complete copies of labor, delivery, and postnatal medical records
- Keep records of your child’s developmental milestones and any diagnoses
- Consult with your child’s pediatrician and specialists to understand the full scope of the condition
- Keep a written record of conversations with hospital staff regarding the delivery
- Avoid signing any statements provided by the hospital or its insurer before speaking with an attorney
The sooner Zayed Law Offices becomes involved, the sooner we can begin reviewing medical records and consulting with qualified experts to evaluate your family’s claim.
Why Chicago Families Trust Zayed Law Offices
Zayed Law Offices is a nationally recognized personal injury firm known for handling sensitive, high-stakes birth injury claims with both legal skill and genuine compassion. Led by attorney Adam Zayed, the firm has represented families throughout Cook County, including matters brought before the Cook County Circuit Court at the Richard J. Daley Center, and understands the long-term care and resources a family may need after a preventable birth injury.
Birth injury cases require detailed medical knowledge, patience, and a commitment to securing resources that can support a child for a lifetime. Our team works closely with qualified medical experts to build the strongest possible case, allowing families to focus on caring for their child. Consultations are always free, and there is no fee unless we win your case.
Frequently Asked Questions About Chicago Birth Injury Claims
How do I know if my child’s condition was caused by medical negligence? Determining whether a birth injury resulted from negligence typically requires a detailed review of labor and delivery records by qualified medical experts, since some complications occur even with proper care.
Why does Illinois require an affidavit of merit for these claims? Illinois law requires a qualified healthcare professional to confirm a reasonable basis for the malpractice claim before a lawsuit can proceed, helping ensure claims are supported by credible medical review.
How long do I have to file a birth injury claim in Illinois? Illinois provides extended filing periods for claims involving minors, which can differ significantly from the standard two- and four-year deadlines that apply to adult malpractice cases. An attorney can help determine the specific deadlines that apply to your situation.
What if my child’s condition wasn’t diagnosed until years later? This is common with many birth injuries, particularly those affecting cognitive or developmental function. Illinois’ extended deadlines for claims involving minors often account for this delay.
What compensation might be available for a birth injury? Depending on the case, families may pursue compensation for medical expenses, long-term care costs, therapy, lost future earning capacity, and pain and suffering.
What does it cost to hire Zayed Law Offices? Nothing upfront. Zayed Law Offices handles birth injury cases on a contingency fee basis, meaning there is no cost unless we recover compensation for your family.
Contact Zayed Law Offices Today
Families across Chicago have trusted Zayed Law Offices when they needed a powerful advocate after a preventable birth injury. Don’t wait — important filing deadlines could limit your family’s right to recover. Contact Zayed Law Offices today for your free consultation.
