Birth injuries can devastate families. When medical negligence causes preventable harm to your newborn, you need experienced legal representation to protect your child’s future and secure the compensation your family deserves.
An analysis by the National Library of Medicine found that birth injuries affect approximately 2 out of every 1,000 newborns in the United States. With appropriate medical care, many of these injuries are preventable.
At Willens & Baez Personal Injury Lawyers, we understand the overwhelming challenges families face when dealing with birth injuries. The Chicago birth injury attorneys at Willens & Baez have secured over $33 million in birth injury settlements alone, including:
- $12.25 million birth injury settlement
- $11 million birth injury settlement
- $10 million birth injury settlement.
Get a free consultation with our experienced, compassionate birth injury lawyers. Call Willens & Baez today at (312) 957-4166.
Understanding Birth Injuries in Chicago
Birth injuries differ from birth defects. While birth defects are genetic or developmental conditions present before birth, birth injuries occur during labor and delivery due to medical errors or negligence.
The CDC’s Autism and Developmental Disabilities Monitoring Network has identified cerebral palsy in approximately 1 in 345 children (3 per 1,000 8-year-old children) in the United States. As the most common motor disability affecting children, cerebral palsy (CP) represents a significant health concern.
In Illinois, the infant mortality rate in 2021 was 5.6 infant deaths per 1,000 live births, as reported by the Illinois Infant Mortality Report.
Common Types of Birth Injuries We Handle
- Cerebral palsy – CP related to events before or during birth is called congenital CP and describes the majority of cases (85% to 90%), according to the CDC. This condition affects muscle control and movement.
- Brachial plexus injuries (Erb’s palsy) – This condition affects the nerve network that controls movement in the arm and hand. Each year, as many as 4 newborns in every 1,000 births develop brachial plexus injury as a result of birth trauma, according to a brief from the American Academy of Pediatrics.
- Hypoxic-ischemic encephalopathy (HIE) – This serious brain injury results from insufficient oxygen supply during delivery. Oxygen deprivation affects up to 6 of every 1,000 newborns and can cause long-term brain damage.
- Fractures and physical trauma – The most common birth injury is a fractured collarbone, occurring in as many as 4 out of 1,000 live births, according to a five-year study.
What Causes Birth Injuries
Data from the National Library of Medicine shows that about 2 of every 1,000 newborn in the United States suffer a birth injury. Research from insurance companies shows that poor labor and delivery management accounts for 40% of birth injury liability claims.
Medical negligence that can lead to birth injuries includes:
- Failure to monitor fetal distress: Not recognizing signs of oxygen deprivation
- Delayed C-section: Waiting too long to perform emergency cesarean delivery
- Improper use of delivery tools: Misusing forceps or vacuum extractors
- Medication errors: Wrong dosage or timing of drugs during labor
- Failure to diagnose infections: Missing maternal infections that can harm the baby.
Risk Factors
Children who weigh less than 5 pounds, 8 ounces (2,500 grams) at birth, and especially those who weigh less than 3 pounds, 5 ounces (1,500 grams) have a greater chance of having CP, notes the CDC.
The percentage of infants born preterm was essentially unchanged from 2022 (10.38%) to 2023 (10.41%), according to the CDC’s National Vital Statistics System. Premature birth increases the risk of complications.
Illinois Birth Injury Statistics
According to data from the Illinois Department of Health, infant mortality in Illinois has been declining in recent years, but in 2019, some 790 babies still died in the state. Rock Island County had the highest infant mortality rate at 9.8 deaths per 1,000 births. By comparison, Cook County’s infant mortality rate in the same year was 5.6.
Throughout the US, injuries were the fourth leading cause of infant death in 2022, accounting for 36.9 percent of the 20,553 infant deaths recorded that year, reports the CDC. Another study found that as much as 45% of pediatric harm may have been preventable.
Why Choose Willens & Baez Personal Injury Lawyers, P.C.
Proven Results in Birth Injury Cases
The Chicago birth injury attorneys at Willens & Baez Personal Injury Lawyers have an outstanding track record of success, securing millions in compensation for families affected by birth injuries due to medical negligence including:
- $12.25 million birth injury settlement
- $11 million birth injury settlement
- $10 million birth injury settlement that resolved on the first day of trial.
These results demonstrate that Willens & Baez have the experience and ability to handle the most complex birth injury cases and achieve maximum compensation for our clients.
Matthew Willens’s Expertise
Firm founder Matthew Willens brings over 27 years of experience handling birth injury and medical malpractice cases. His qualifications include:
- Top 100 Illinois Super Lawyer – An honor given to less than 1% of Illinois lawyers
- AV® Preeminent™ Rating – The highest possible peer review rating in personal injury and medical malpractice
- National Trial Lawyers Top 100 – Recognition as one of the nation’s leading trial attorneys
- Adjunct Professor at Loyola University Chicago School of Law, teaching Advanced Trial Advocacy.
Attorney Matthew Willens has unique insight from both sides, having worked for major insurance companies before representing injured families. This experience helps him anticipate defense strategies and build stronger cases for our clients.
Comprehensive Legal Support
Willens & Baez Personal Injury Lawyers has extensive resources and expertise including:
- Medical expert witnesses: Board-certified specialists who can explain how medical negligence caused your child’s injury
- Life care planners: Professionals who calculate the lifetime costs of your child’s care
- Economic experts: Specialists who determine lost earning capacity and financial impact
- Investigative resources: Thorough review of medical records and hospital procedures.
Compensation for Birth Injuries
Willens & Baez can help secure maximum compensation for birth injury cases including:
Economic Damages
- Medical expenses (past and future)
- Rehabilitation and therapy costs
- Special education expenses
- Medical equipment and home modifications
- Lost parental income for caregiving.
Non-Economic Damages
- Pain and suffering of the child
- Emotional distress for the family
- Loss of normal life experiences
- Reduced quality of life.
The CDC reports that the cost of medical care for children with CP is 10 times higher than for those without. When a child also has an intellectual disability, medical costs increase to 26 times higher than typical children. The CDC’s 2003 analysis estimated lifetime healthcare costs for a person with CP at approximately $1 million.
Illinois Birth Injury Laws
Statute of Limitations
Illinois has specific time limits for filing birth injury lawsuits:
- Lawsuit around the child’s injury: Generally, claims must be filed within two years of birth. Some cases, however, may extend the filing deadline up to the child’s 22nd birthday.
- Lawsuit around a parent’s injury: Claims must be filed within two years of when the injury was discovered or should have been discovered.
Proving Medical Malpractice
To succeed in a birth injury case in Illinois, we must prove all these four elements:
- Standard of care: What a reasonable doctor would have done in similar circumstances
- Breach of standard: How the healthcare provider’s actions fell below acceptable medical standards
- Causation: That the medical negligence directly caused your child’s injury
- Damages: The harm and losses resulting from the injury.
What to Do After a Birth Injury
If you suspect your child suffered a birth injury due to medical negligence:
- Seek immediate medical care: Ensure your child receives proper treatment.
- Preserve medical records: Keep all documentation related to pregnancy, delivery, and your child’s condition.
- Contact an attorney: Birth injury cases have strict time limits, so don’t delay.
- Don’t sign settlements: Insurance companies may offer quick, inadequate settlements.
What is Considered Birth Injury Malpractice?
Doctors, nurses, and other types of healthcare professionals are required to conform to reasonable standards of care. If a healthcare professional, such as an OB/GYN causes harm to an infant during the birthing process, it may be considered an act of negligence. Mind you, health care professionals do not have to be perfect/mistake-free in their care and treatment of a patient. The medical profession and the legal profession recognize this. They do have to give quality care and treatment during childbirth. If they do not and harm is caused to the infant or the mother, it may be an act of negligence. The types of birth injury malpractice cases are vast but ordinarily involve some type of very serious, often catastrophic injury. Because birth injury malpractice cases almost always involve significant time and money expenditures for a birth injury malpractice lawyer, birth injury malpractice lawyers are very selective about the cases they accept for investigation.
Why You May Need a Birth Injury Malpractice Lawyer in Chicago
Birth injury cases are often very complicated, require years of investigation and litigation. Most of the time, multiple experts are needed to prove the elements of these cases. It’s common for a birth injury medical malpractice case to cost well more than $100,000 to pursue. Most law firms that handle birth injury cases fund these efforts. Therefore, not only is superb skill imperative in these types of cases, but a law firm with the proper amount of resources is essential as well. Not only does a law firm need capital to properly handle these cases, but they need access to the best experts available to help them prove their cases. The lawyers representing doctors and other health care professionals already have a built-in network of top experts. It is important for the injured victim’s lawyer to be able to tap into his built-in network as well.
What Is a Birth Injury Malpractice Lawyer?
A birth injury malpractice lawyer is a specialized type of attorney who handles cases where a child or mother sustains a preventable injury before, during, or shortly after childbirth due to medical negligence or mistakes. These cases are emotionally charged and medically complex, demanding a blend of legal knowledge, medical insight, and relentless dedication.
Unlike general medical malpractice lawyers who handle a variety of claims, birth injury specialists have in-depth experience with cases involving:
- Cerebral Palsy – a group of disorders that affect the brain’s control over muscles and the nervous system. It can occur because of medical negligence before or during childbirth.
- Infant Anoxia/Hypoxia – loss of oxygen to the baby’s brain during the birthing process.
- Pediatric Hydrocephalus – fluid in the brain, which causes damaging pressure.
- Brachial Plexus – injury to nerves that connects the spinal cord to the baby’s arms.
- Shoulder Dystocia – happens because the baby’s shoulders become trapped in the mom’s pelvic area.
Please note that there are numerous types of other birth-related injuries malpractice cases. Instead of listing them all in this article, I have listed some of the most common ones that birth injury lawyers in Chicago probably see the most often.
Key Birth Injury Statistics in Chicago and Illinois
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Incidence: Up to 37 birth injuries occur per 1,000 live births in the U.S.—Illinois mirrors these rates.
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Illinois Infants at Risk: More than 700 infant deaths annually in Illinois, with birth injuries among leading causes; many of these tragedies involve preventable errors.
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Common Birth Claims: Cerebral palsy, brachial plexus injuries, infant hypoxia, and shoulder dystocia are among the most litigated in Chicago.
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Medical Malpractice Payments: Illinois ranks 5th nationally for medical malpractice payouts—over $318M in 2023; birth-related claims account for a significant share.
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Economic Impact: The lifetime costs for a child with cerebral palsy can exceed $1 million—financial pressure that justice can help address.
How Birth Injury Attorneys Differ from General Medical Malpractice Lawyers
While all medical malpractice lawyers understand the law, birth injury malpractice lawyers have:
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Deep knowledge of childbirth medicine and best practices
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Access to specialized medical experts (obstetricians, neonatologists, and labor/delivery nurses)
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Years of hands-on experience with birth-specific litigation and settlement strategy
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Empathy for families facing lifelong care requirements
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Familiarity with unique legal requirements, such as longer statutes of limitations for birth injury claims in Illinois
Simply put: birth injury law is a niche demanding focus only a subset of attorneys possess.
Essential Roles of an Illinois Birth Injury Malpractice Attorney
What exactly does a skilled birth injury malpractice lawyer do for their clients? Here are the most crucial roles:
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Case Evaluation and Family Counseling
Carefully reviews details, listens to the family’s story, and provides honest insight about the potential for success. -
Medical Record Review
Sorts through prenatal, delivery, and postnatal records with a keen legal and medical eye to spot errors and red flags. -
Consulting Medical Experts
Secures trusted, board-certified specialists to identify and explain deviations from standard medical practice. -
Independent Investigation
Gathers all evidence—witness statements, video, fetal monitoring, expert opinions, and hospital policies. -
Causation Analysis
Establishes a clear, direct link between the healthcare provider’s actions (or inactions) and the injury—a must in Illinois law. -
Filing Proper Affidavits and Notices
Navigates Illinois’ strict requirements: expert affidavits and formal intent to sue before launching a claim. -
Statute of Limitations Management
Makes sure parents and children’s claims are filed within legal time frames—up to 8 years or even until age 22 for disabled children in Illinois. -
Damage Calculation and Life-Care Planning
Assesses immediate medical costs, future therapy, adaptive equipment, special education, lost earning capacity, and emotional trauma. -
Insurance and Negotiation Expertise
Deals with insurance adjusters, hospital lawyers, and risk managers to push for maximum compensation. -
Litigation and Trial Representation
Prepares cases with top technology and expert testimony, arguing before judge or jury if settlement fails. -
Family Advocacy and Emotional Support
Offers empathy, clear communication, and stability for traumatized families. -
Post-Settlement/Estate and Trust Counseling
Coordinates with financial professionals to help structure settlements for long-term security.
Other vital functions include:
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Identifying all liable parties (doctors, nurses, hospitals, administrators)
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Enabling families to focus on healing, not legal stress
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Educating clients about support programs and social services
Birth Injury Lawsuit
I have been a Chicago personal injury lawyer involved in birth injury malpractice cases since approximately 1995. Every birth injury case that he has been involved in has required a lawsuit. Unlike a simple car accident case where lawyers and insurance companies can work out a quick settlement without the need for a lawsuit and extensive litigation, lawsuits in birth injury cases are required. I’m sure there are some exceptions, but in my experience, I know that I need to be prepared for a long-complicated battle with the folks who represent doctors and other healthcare professionals, such as insurance companies, risk management departments, and defense lawyers.
The heartbreak of a birth injury shakes families to their core, leaving questions, anger, and worries for the future. In Chicago, where the stakes are high and medical systems are complex, families need more than basic guidance—they need real expertise and unrelenting advocacy. This in-depth guide provides clear answers, local statistics, and explains the irreplaceable benefits of a proven birth injury malpractice attorney in Illinois.
How to Sue for Birth Injury Malpractice?
Not all birth injuries are a result of malpractice. However, if you suspect your child was injured because of medical malpractice in Illinois, call a birth injury lawyer. If you’re reading this, you have found one. Our consultations are free and carry no obligation. Furthermore, if we agree to take on your case, we will fund the investigation and prosecution of the matter. Call Willens & Baez Personal Injury Lawyers, P.C. & Baez now as there is a time frame determined by the state that sets a limit on how long you must file a medical malpractice lawsuit. These limitation periods can be difficult with birth injury cases because sometimes birth injuries are not immediately apparent at the very beginning of the child’s life. Call us at 312-957-4166. We can help.
Frequently Asked Questions: Birth Injury Malpractice Attorneys
Q: How do I know if my child’s injury is due to malpractice or just a tragic accident?
Only a skilled birth injury lawyer—after deep record review and medical expert consultation—can determine if errors and negligence occurred.
Q: Is there a deadline to file a birth injury claim in Illinois?
Child claims must be filed within 8 years (or up to 22 for disabled children); parents’ claims generally within 2 years of discovery of the injury.
Q: What compensation can families recover?
Damages can cover medical expenses, future care, lost wages, special education, pain, and suffering; sometimes punitive damages apply.
Q: How much does it cost to hire a birth injury lawyer?
Top law firms, like Willens & Baez, operate on contingency—families pay nothing unless they win their case.
Q: Can doctors or hospitals be sued for birth injuries caused by nurses or other staff?
Yes—claims may involve any negligent party during the birth process, including nurses, anesthesiologists, and hospital systems.
Q: What makes birth injury cases particularly challenging?
They require years of investigation, expensive expert testimony, and handling by lawyers with extensive resources and experience.
Why Willens & Baez Personal Injury Lawyers, P.C. Is Chicago’s Best Choice
Choosing the right legal team is critical. Willens & Baez Personal Injury Lawyers, P.C. shines for Chicago families seeking answers and results.
Proven Track Record:
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Millions Recovered: Notable seven-figure verdicts and settlements in complex birth injury cases.
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Award-Winning Leadership: Attorney Matthew Willens and David Baez are regularly honored among Chicago’s elite, including “Best of the Best” distinctions and top state verdicts.
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Deep Insurance Knowledge: Formerly representing insurers, the firm now uses that insight to counter hospital and insurance strategies—knowing the other side’s playbook.
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Client-First Philosophy: Every family receives personal, compassionate counsel; the team advances all costs, operating strictly on contingency.
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Local Expertise: Decades of experience with Illinois law, judges, and opposing counsel.
Secure Your Child’s Future with the Right Advocate
If you suspect a birth injury could have been prevented, don’t delay. Time and evidence are critical—and so is peace of mind. Contact Willens & Baez Personal Injury Lawyers, P.C. today at (312) 957-4166 for a free, no-obligation consultation. There is no fee unless your family wins. Let skilled, compassionate experts fight for the justice and future your child deserves.
You are not alone. In Chicago, one call can change everything—reach out now and reclaim hope for your family’s tomorrow.
Frequently Asked Questions
How do I know if my child’s birth injury was caused by medical malpractice?
Not all birth injuries result from negligence. Our experienced attorneys review medical records and consult with experts to determine if malpractice occurred. Warning signs include failure to perform timely C-sections, improper use of delivery tools, or inadequate monitoring during labor.
How long do birth injury cases take?
Depending on the complexity of the case, birth injury lawsuits typically require two to four years or longer to resolve. However, we work diligently to resolve cases as efficiently as possible while ensuring maximum compensation.
What if my child’s injury wasn’t discovered until later?
Some birth injuries, particularly brain injuries, may not be apparent immediately. Illinois law allows claims to be filed within two years of discovery of the injury, up to the child’s 22nd birthday.
Contact the Chicago Birth Injury Lawyers at Willens & Baez Personal Injury Lawyers, P.C. Today
If your child suffered a birth injury due to medical negligence, time is critical. Don’t let insurance companies minimize your child’s future needs or accept inadequate settlements.
Why families choose Willens & Baez Personal Injury Lawyers, P.C.:
✓ Top-rated results: Over $33 million recovered in birth injury cases
✓ No fees unless we win: You pay nothing upfront
✓ Proven expertise: 27+ years handling complex medical malpractice cases
✓ Recognized excellence: Matthew Willens ranked among top 1% of Illinois lawyers
✓ Compassionate support: We understand the emotional and financial challenges you face.
Your child deserves the best possible future. Willens & Baez will fight to ensure they receive the resources and care they need for life.
Call (312) 957-4166 for your free consultation.
The awarding-winning Chicago birth injury attorneys at Willens & Baez are ready to review your case and explain your legal options. We serve families throughout Illinois and have the resources to take on major hospitals and insurance companies.
