Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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If you are an Illinois parent or family affected by a birth injury, you are likely searching for answers, support, and justice. We provide a clear guide for families in Illinois to understand what happens when a baby is physically hurt during or right after the birth process. Birth injuries can have lifelong consequences, impacting not only your child’s health but also your family’s emotional and financial well-being. These lifelong effects often stem from a range of medical issues, including complications and injuries that can arise during birth due to medical errors or unavoidable circumstances. Securing your child’s future after a birth injury is crucial, and understanding your legal options is the first step toward justice and recovery. To prove medical malpractice in birth injury cases, it must be shown that the healthcare provider deviated from the accepted standard of care.
The birth trauma rate in the U.S. is approximately 1.9 injuries per 1,000 live births.
Selecting the right birth injury lawyer is a critical step in protecting your child’s future. Consider the following when making your choice:
Finding out your baby was hurt during delivery is a heartbreak no parent should face. Each year, thousands of babies born in Illinois and across the country suffer injuries during the birth process, often due to preventable medical errors. In Chicago, Aurora, or Rockford, families expect the highest level of care when they enter a hospital. When that trust is broken, the results are often life-changing.
At The Child and Birth Injury Firm, our team of lawyers has spent decades standing by families. We know that a birth injury doesn’t just affect one day; it affects every day for the rest of a child’s life. These injuries can have lasting consequences for both the child and their family, impacting physical, emotional, and financial well-being. Our team of experienced attorneys has a proven track record in handling birth injury and medical malpractice cases, providing knowledgeable and compassionate representation to secure the compensation your family deserves. If you are searching for the best medical care or support groups near me, you are likely trying to piece a future back together. We are here to help you navigate the legal side of that journey with experience and authority.
Birth injuries refer to physical trauma sustained by a baby during or shortly after labor and delivery. To prove medical malpractice in birth injury cases, it must be shown that the healthcare provider deviated from the accepted standard of care.
At The Child and Birth Injury Firm, our team of lawyers stays on top of the latest medical data to protect your family. Recent studies from Northwestern Medicine show a troubling trend in the State of Illinois: severe pregnancy-related complications in Illinois rose by nearly 43% between 2016 and 2023. Even more alarming is the 48.9% spike in complications specifically during Cesarean births.
While these numbers are rising, the Illinois Department of Public Health (IDPH) reports in its latest Maternal Morbidity and Mortality Report that a staggering 91% of pregnancy-related deaths in Illinois were potentially preventable. This means that in many cases, better medical care could have changed the outcome for both mother and baby. When hospitals in Chicago or Peoria fail to meet the standard of care, our team of lawyers is here to hold them accountable and secure the best future for your child.
In Illinois, the rules for medical cases are very strict. Before we can even start, a rule called “Section 2-622” says our team of lawyers must have a doctor look at your records. This doctor has to sign a paper saying there is a real reason to file a claim. This helps the court see that the case is serious right from the start.
A birth injury case can be filed if a doctor or nurse was not careful or did not follow the usual medical rules. While most adults only have two years to sue, the law gives children more time. In most cases, you have 8 years from the day the injury happened to file a claim for a child. However, the parents’ own claim for medical bills usually must be filed within 2 years. It is always best to talk to our team of lawyers early so we can find the right records and meet every deadline.
Under the Illinois Code of Civil Procedure (735 ILCS 5/13-212), there are two distinct timelines for filing a claim. It is vital to understand that the child’s personal claim and the parents’ claim for medical expenses have very different deadlines.
|
Action Type |
Deadline (Statute of Limitations) |
Important Note |
|
Child’s Injury |
8 Years from the date of injury |
For most birth injuries, this means you must file by the child’s 8th birthday. (Note: In no event can a claim be filed after the child turns 22). |
|
Parent’s Claim |
2 Years from the date of injury |
To recover medical bills paid or incurred by parents, you only have 2 years to file under the Family Expense Act. |
Source: Illinois General Assembly – 735 ILCS 5/13-212
Many families are surprised to learn that while they have until the child is 8 to sue for the child’s pain and suffering or future care, the right to seek reimbursement for the initial hospital bills and early medical expenses often expires on the child’s 2nd birthday. Because of this, it is standard practice for pediatric injury lawyers to treat the 2-year mark as the primary deadline to ensure no part of the claim is lost.
Now that you understand the legal deadlines, let’s look at the types of injuries that can occur.
In Illinois, “damages” refers to the financial compensation intended to cover the immense costs of a birth injury. Because Illinois does not place a cap on medical malpractice settlements (the state’s previous caps were ruled unconstitutional by the Illinois Supreme Court), families can pursue the full amount necessary to provide for their child’s lifetime needs.
Our team at The Child and Birth Injury Firm pursues three primary types of compensation:
These are the objective financial losses your family has incurred and will incur in the future:
These address the “human cost” of the injury, which often exceeds the medical bills:
While the child’s claim is central, Illinois law allows parents to recover for:
Legal Note: Under the Illinois Healing Art Malpractice Act, calculating these damages requires a “Life Care Plan.” We work with medical economists to project exactly what your child will need until the age of 80 or beyond, ensuring the settlement doesn’t run out when they need it most.
Every year, more than 150,000 babies are born in Illinois, and while most are healthy, birth injuries caused by medical errors during labor and delivery remain a serious risk. According to the Illinois Department of Public Health (IDPH), birth complications remain a significant concern in urban centers like Cook County.
Some of the most common injuries seen in Illinois hospitals include:
Cerebral Palsy (CP) and Hypoxic-Ischemic Encephalopathy (HIE) are common conditions resulting from medical negligence during birth.
Medical errors during a child’s delivery—such as delays in intervention or mishandling by medical staff—can lead to serious birth injuries with lifelong consequences for the child and family.
This happens when a baby’s brain doesn’t get enough oxygen—a condition known as oxygen deprivation—during labor and delivery, leading to hypoxic-ischemic encephalopathy (HIE), a serious type of brain injury. It is often caused by a delayed C-section or a compressed umbilical cord. If doctors in Peoria or Joliet miss the warning signs on a monitor, the damage can be permanent.
CP is often the result of a brain injury during birth, and can be caused by birth trauma due to medical negligence or errors during delivery. It affects motor skills and muscle tone. Families often search for the best physical therapy centers near me to help their children gain independence.
This occurs when a baby’s shoulder gets stuck (shoulder dystocia). If a doctor pulls too hard, they can tear the nerves in the baby’s arm.
Local Stat: In Illinois, the “Adverse Health Events” report from the IDPH shows that “maternal or newborn death or serious injury” associated with labor or delivery in a low-risk pregnancy is an event that hospitals must track and report. Very few people realize that Illinois keeps a public record of these “never events.”
With an understanding of the types of birth injuries, let’s explore the unique risks and legal considerations for children born prematurely.
Premature babies face unique challenges from the very start of life, and unfortunately, they are at a higher risk for birth injuries that can have lifelong consequences. When a child is born early, they often require immediate, specialized care in a neonatal intensive care unit (NICU). While these advanced medical centers are designed to support critically ill newborns, the complexity of their care also means there is a greater risk for medical errors or lapses in proper medical care.
Premature infants are especially vulnerable to serious injuries such as cerebral palsy, spinal cord injuries, and nerve damage. Complications like fetal distress during the labor and delivery process can quickly escalate if health care providers fail to respond promptly. In some cases, physical trauma during a difficult vaginal delivery—such as when a baby’s shoulders become stuck in the birth canal—can result in lasting harm, which may require guidance from a birth malpractice lawyer in Illinois if the delivery occurred there. Other risk factors, including low birth weight, intrauterine growth restriction, or birth defects, can further increase the likelihood of a child suffering birth injuries.
The consequences of birth injuries for premature infants can be severe, with a child’s injuries often resulting in the need for ongoing medical care and support. Birth injury cases frequently involve life-long medical needs for the injured child, making it essential to thoroughly understand and plan for future care costs.
When medical negligence is suspected—whether due to delayed intervention, improper monitoring, or mistakes made by doctors, neonatal nurses, or other medical professionals—families have the right to seek answers and accountability. Chicago birth injury lawyers are experienced in reviewing complex medical records, consulting with expert witnesses, and identifying where the standard of care may have been breached. By working with skilled nationwide child and birth injury attorneys, families can build a strong birth injury claim and pursue justice for their child’s injuries.
The legal process for an Illinois birth injury case can be daunting, especially when families are focused on their child’s immediate health needs. Illinois law generally allows families to file a birth injury claim up until the child’s 8th birthday, or within eight years of the injury. Consulting with a Chicago birth injury lawyer as soon as possible ensures that critical evidence is preserved and that the family does not miss important legal deadlines.
Compensation from a birth injury lawsuit, whether in Illinois or throughout the country, a birth injury medical malpractice lawyer can help cover the significant costs associated with a child’s injuries, including medical expenses, lost wages for parents who must take time off work, and the ongoing need for physical therapy, occupational therapy, and other specialized care. In tragic cases where a child’s birth injury leads to wrongful death, families may also be entitled to additional benefits to help them cope with their loss.
Navigating the aftermath of a premature birth and a serious injury is never easy, but families do not have to face it alone. By partnering with experienced birth injury attorneys, parents can ensure their child’s rights are protected and that they have the resources needed for long-term care and support. If your child suffered birth injuries due to medical malpractice or negligence, don’t wait—reach out to our trusted birth injury legal team to pursue justice and secure the financial recovery your family deserves.
Next, let’s review where your child can receive the highest level of medical care in Illinois.
When a birth injury occurs, the quality of the Neonatal Intensive Care Unit (NICU) matters most. Illinois uses a “Regionalized Perinatal System” to make sure babies get the right level of care.
Losing a child due to medical neglect is an unspeakable tragedy. In Illinois, the Wrongful Death Act allows the family to seek justice. Our team of lawyers at The Child and Birth Injury Firm treats these cases with the utmost respect and urgency.
Unlike a standard injury case, a wrongful death claim focuses on the loss of companionship and the grief of the survivors. In Illinois, even “loss of society” for an unborn or newborn child is a recognized legal damage. You can read more about how we handle these sensitive cases on our Wrongful Death page.
If you are ready to take legal action, the next step is understanding where your case will be heard.
Illinois is divided into 102 counties, which are organized into 25 Judicial Circuits. While a birth injury lawsuit can technically be filed in any county where a defendant resides or does business, the “proper venue” is typically the county where the medical negligence actually occurred.
While babies are born in hospitals all across the state, birth injury litigation is frequently concentrated in counties that house major regional medical hubs and neonatal intensive care units (NICUs). Common venues for these complex cases include:
Regardless of which county you file in, Illinois law (735 ILCS 5/2-622) imposes a strict procedural hurdle to prevent frivolous lawsuits.
When your attorney files the initial petition, they must also submit an Affidavit of Merit along with a Physician’s Report. This report must be written by a healthcare professional who:
Failure to include this expert certification usually results in the court dismissing the case immediately. This is why having an attorney with a network of qualified medical experts is critical from day one.
If your child was born at one of the major medical centers in Illinois and you suspect something went wrong during labor or delivery, the best first step is to secure your medical records. These documents are the primary evidence our team of lawyers uses to see if the medical standard of care was met.
In Illinois, hospitals that handle high volumes of births are often equipped with advanced NICUs, but mistakes can still happen in busy delivery wards. Below are the most common hospitals for births in Illinois:
Once you have your records in hand, finding support resources near me is a vital part of helping your family begin to heal and understand the path forward. Our team of lawyers at The Child and Birth Injury Firm can help you review these records to see if a medical error occurred.
Finding a community is part of the healing process. Here are some of the best resources available for families in our state:
Now, let’s answer some of the most common questions Illinois families have about birth injury claims.
It is hard to tell without an expert review. Our team of lawyers looks for signs like low Apgar scores, seizures after birth, or emergency C-sections that happened too late. Birth injuries caused by medical practitioners or medical staff failing to respond to complications during a child’s delivery or prenatal care can result in serious harm.
A settlement can help cover:
Currently, Illinois does not have a cap on non-economic damages (like pain and suffering) in medical malpractice cases, as the previous caps were found unconstitutional.
We work on a contingency fee. This means:
Once a lawsuit is filed, the defense has the right to see certain medical records, but only those related to the injury and damages. Our team of lawyers protects your privacy throughout the process.
Yes. In Illinois, children have until they are 8 to file, but evidence is best collected when it is fresh.
Many settle out of court, but our team of lawyers prepares every case as if it is going to a jury to ensure the best result. Birth injury lawsuits often involve investigating whether health care providers failed to meet the standard of care.
Cases involving federal facilities like Scott Air Force Base follow the Federal Tort Claims Act (FTCA), which has very different rules.
Yes, under certain conditions in Illinois, parents can seek damages for the trauma of witnessing the injury.
In counties like Cook, it can take several years because the medical evidence is so detailed. The timeline for birth injury lawsuits can also vary depending on the complexity of the case and the number of potential injuries involved.
At The Child and Birth Injury Firm, we believe that every child deserves a voice. If you suspect your child’s injury was caused by medical neglect, don’t wait. Our team of lawyers is ready to review your case and help you secure the medical care your child needs.
Contact us today to start your journey toward justice.
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Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.
For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.
Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.
Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.
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