Selecting a lawyer to handle any type of Chicago medical malpractice case is no easy task. First, the lawyer should have a long track record of success both in (jury trials) and out (successful settlements) of the courtroom, specifically with medical malpractice cases. If the lawyer doesn’t have many years of experience in handling malpractice cases, specifically involving birth injuries, I don’t care how talented or likable he is, you will be behind the eight balls from the start and throughout the investigation and litigation of the case, which will likely take years to reach a conclusion.
Another HUGE consideration should be if the lawyer has the proper resources to handle a medical malpractice case. What do I mean by resources? For starters, I mean money, a lot of money to fund a medical malpractice case involving birth injuries. I mean connections to the best experts… who cost a lot of money. Since medical malpractice lawyers generally fund the out-of-pocket costs in a medical malpractice case, it is important that they have a lot of money to properly fund it. Medical malpractice cases should not be done on the cheap. The medical malpractice defense bar spares no resources in defending medical malpractice cases and neither should your lawyer.
As an example of a well-funded medical malpractice case, my firm is currently handling a medical malpractice matter involving a birth injury. A child was seriously and permanently injured during the birthing process. We filed the case against the appropriate healthcare professionals and have taken numerous depositions, primarily of doctors and nurses. We recently disclosed our experts which consist of the following: an anesthesiologist, a pediatrician with a specialty in neonatal and perinatal medicine, a pediatrician with specialties in pediatric neurology and epilepsy, an OB/GYN with a specialty in maternal-fetal medicine, a registered nurse certified in obstetrical nursing and electronic fetal monitoring and a certified life care planner. As you can see, these experts, all top-notch, cost a ton of money, and this is just one medical malpractice case.
It’s normal for a law firm that handles medical malpractice cases to incur $50,000 to $500,000 in out-of-pocket costs to properly fund a medical malpractice case. Additionally, these cases often take 2-5 years to litigate. Very rarely does a medical malpractice case settle easily and quickly. In choosing a medical malpractice lawyer to handle your case or the case of a loved one, keep in mind that you want a lawyer with both significant experience and significant resources. While there are other variables that matter, these two things must not be overlooked. For more information, call Willens & Baez Personal Injury Lawyers, P.C through (312) 957-4166 or visit our Chicago & Rolling Meadows Offices
Ways to Select the Right Chicago Birth Injury Lawyer
| # | How to Choose |
|---|---|
| 1 | Specialization: Prioritize attorneys focused on birth injury and medical malpractice cases. |
| 2 | Proven Track Record: Look for multi-million $ verdicts and settlements, especially in cases like yours. |
| 3 | Deep Experience: Ask how many years they’ve handled birth injury claims and medical malpractice overall. |
| 4 | Medical Expert Network: Top firms bring board-certified medical experts to prove your case. |
| 5 | Resources for Complex Cases: Ensure they have life care planners, economic experts, and capacity for deep investigations. |
| 6 | Transparent Fees & Contingency Arrangements: Only work with attorneys who offer free consultations and “no win, no fee” promises. |
| 7 | Trial Ability: Confirm they will fight in court if settlement talks fail—don’t settle for “negotiation only” lawyers. |
| 8 | Client Reviews & Testimonials: Read real stories from past clients, especially families who faced similar struggles. |
| 9 | Compassionate, Clear Communication: The best lawyers educate you, answer your questions, and treat you like family. |
| 10 | Successful Insurance Negotiation: Choose a firm that “knows the other side’s playbook” and has inside knowledge of insurers’ tactics. |
Getting an Attorney for Birth Injury Medical Malpractice Cases
Selecting the right attorney for a birth injury case in Chicago could shape your entire future—your child’s care, your family’s financial security, and your peace of mind. Below, you’ll discover Chicago’s latest birth injury statistics, clear steps to selecting the best lawyer, and why Willens & Baez Personal Injury Lawyers, P.C. are the city’s trusted champions for families.
Chicago Birth Injury: Key Statistics
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In Illinois, birth injuries occur at rates ranging from 1.9 to 6.6 per 1,000 live births—with moderate to severe injuries accounting for over 80% of cases.
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Birth injuries are the 4th leading cause of infant death in the U.S.
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The CDC estimates families raising a child with cerebral palsy face lifetime medical costs of $1M or more.
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Recent Chicago verdicts and settlements routinely reach millions—Willens & Baez has won over $33M in birth injury settlements for local families.
Frequently Asked Questions (FAQ) — Selecting a Chicago Medical Malpractice Lawyer for Birth Injury
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What is a birth injury medical malpractice case?
A legal claim that a provider’s error or negligence during delivery caused lasting harm. -
Who can file a birth injury lawsuit?
Parents and guardians of the injured child. -
What damages can be claimed?
Medical costs (past/future), pain, suffering, lost parental wages, and special care expenses. -
Is there a statute of limitations?
Yes—generally 2 years for parents, but up to 8 years for the injured child in Illinois. -
How do I know my lawyer is experienced in birth injury cases?
Ask for settlements / verdicts in similar cases, decades of practice, and hospital negotiation experience. -
Do I pay fees upfront?
The best firms, including Willens & Baez, work on contingency: No fee unless you win. -
Are settlements guaranteed?
No. Experienced attorneys maximize chances but cannot promise outcomes. -
Is expert testimony required?
Yes—medical experts are essential to prove negligence and establish damages. -
What should I bring to my first consult?
Medical records, bills, insurance details, and a written timeline. -
Can I sue the hospital and individual doctors?
Yes, if the investigation shows hospital policies or provider actions fell below standard of care. -
What types of birth injuries are commonly litigated?
Cerebral palsy, Erb’s palsy, brain injuries, fractures, and oxygen deprivation. -
Are most birth injury cases settled or go to trial?
Most settle, but top lawyers will take cases to trial if needed. -
Do birth defects count as malpractice?
No, only injuries due to error/negligence during labor/delivery qualify. -
Can I file a claim after a delay in diagnosing the injury?
Yes, if within the statute of limitations. -
Is there a compensation cap in Illinois?
No. Illinois does not cap birth injury malpractice damages. -
How long does a case take?
Varies—from months (settlement) to years (litigation). -
What are red flags when picking a lawyer?
Lack of medical expertise, no trial history, poor client reviews. -
Can you switch lawyers mid-case?
Yes, if you’re unhappy; look for transparent transition practices. -
How do lawyers prove causation?
Combining expert reports, medical records, and eyewitness accounts. -
Do big verdicts help your case?
Yes—firms with a history of large awards command greater respect from insurers and hospitals.
Why Willens & Baez Personal Injury Lawyers, P.C. Is Chicago’s #1 Birth Injury Law Firm
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$33M+ in documented settlements for birth injury clients—Chicago and state-wide.
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Led by Matthew Willens: 27+ years’ expertise, Illinois Super Lawyer (Top 1%), Adjunct Professor of Law, record-setting verdicts, and unique perspective from past work for insurance companies.
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Award-winning—AV Preeminent™, National Trial Lawyers Top 100, Million Dollar Advocates Forum.
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Respected medical expert network: The firm’s resources include board-certified physicians, life care planners, and economic specialists.
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Client testimonials: Families repeatedly describe Willens & Baez as compassionate, strategic, and relentless in fighting for justice.
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Comprehensive legal support: No fee unless you win, free consultations, and a reputation for taking difficult cases to trial if needed.
Ready to protect your child’s future?
Call Willens & Baez Personal Injury Lawyers, P.C. now at (312) 957-4166 for compassionate counsel and Chicago’s best results. Don’t settle for less! Get an award-winning advocate on your side today. If birth injury malpractice has impacted your family, don’t wait. Chicago’s most respected attorneys are ready to fight for you. Call (312) 957-4166.
