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Birth Injury Lawsuits: What You Need to Know

The birth of your child is a joyous occasion. However, it’s also essential to understand the risks associated with giving birth to a baby. If you’ve been injured while giving birth or caring for an infant, you may have legal rights that could help you get compensation for medical costs, lost wages, or other damages due to your injury. This post will explore what constitutes a birth injury in Illinois, what it is, and what the causes are. 

What is a Birth Injury?

The term birth injury is used to describe a type of personal injury that occurs during childbirth. Birth injuries can be caused by a medical professional’s negligence, error, or congenital disability.

In Illinois, the law requires that you file an additional claim against your doctor if you have suffered from any injuries due to their negligence at any time during your pregnancy or after giving birth.

Common Birth Injuries

The following injuries are the most common ones that you’ll see in any birth injury lawsuit:

  • Cerebral palsy (CP) is a brain injury that can cause lifelong impairments and disabilities. A violent blow to the head usually causes it during childbirth. Still, it can also be caused by other factors, such as bleeding into the brain from an injury sustained during labor or delivery.
  • Intraventricular hemorrhage (IVH) occurs when bleeding within one of your baby’s ventricles—the fluid-filled chambers that hold blood in your child’s body. IVH is dangerous because it can cause irreversible damage to your child’s brain if not treated quickly enough.
  • Spina bifida occurs when both sides of the spine don’t close together correctly during development before birth; this defect leaves open spaces between bones where spinal cord tissue may grow.
  • Neural tube defects include spina bifida and anencephaly (a neural tube defect where part or all of the skull isn’t formed). Although not life-threatening, these conditions have been linked with an intellectual disability later in life.
  • Congenital heart disease affects about 1 out of every 1000 births annually; this condition often requires surgery after birth for proper function.
  • Premature labor causes babies born too early, who weigh less than 4 pounds and 5 ounces at birth, to be at risk for complications. Premature birth is the leading cause of death in children under five and is also linked with developmental disabilities later in life.

6 Causes of Birth Injury

Many different factors can contribute to a birth injury. Some of the most common causes include:

  1. Lack of oxygen to the baby during childbirth. This can happen if the umbilical cord is wrapped around the baby’s neck or if the placenta has a problem.
  2. Prolonged or difficult labor. This can cause the baby to become stressed and tired, leading to injuries.
  3. Use of forceps or vacuum extractors during delivery. 
  4. A breech birth. This occurs when the baby is positioned bottom-first instead of head-first and can increase the risk of spinal cord injury or other damage to the baby’s body.
  5. High blood pressure in the mother. 
  6. Maternal diabetes. 

Does Your Baby’s Birth Injury Call for a Lawsuit?

If you have been injured due to your baby’s birth, you must contact an attorney immediately. A lawyer can help you evaluate whether or not you have a case and counsel you on the best way to proceed.

A personal injury lawyer can help you claim compensation for medical costs, lost wages, and pain and suffering associated with your injuries. They will also assist in gathering evidence that supports your claim (such as medical records) so that there are no surprises along the way when it comes time for trial.

A lawsuit is often necessary if:

  • There was negligence on behalf of another party involved in causing or exacerbating an injury;
  • There was fraud committed by third parties who made false statements about their products or services;
  • There were intentional acts done by someone else which caused harm to another person’s body, such as kicking them while playing football, etc…


Disparti Law Group Accident & Injury Lawyers specializes in birth injury lawsuits and has recovered more than a billion dollars for our clients. If you or a loved one has been injured during childbirth, we can help. We have successfully represented clients in birth injury cases involving cerebral palsy, Erb’s palsy, shoulder dystocia, and more. No matter what type of birth injury you or your child has suffered, we want to hear from you. Contact us today for a free consultation.

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The Disparti Law Group Accident & Injury Lawyers is one of the most successful law firms serving the greater Chicago and Tampa areas. As the leader in Injury, Disability, Workers’ Comp, and Employment Law, with more than $1 Billion in recoveries, The Disparti Law Group Accident & Injury Lawyers has been named One of the Most Influential Law Firms in America by Trial Lawyer Magazine.

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