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Birth should be a time of joy and new beginnings. But when something goes wrong during labor or delivery, families can face emotional and financial pain. Some injuries are unavoidable. Others happen because of careless medical actions. These cases are complex and require close attention to detail.
Conboy Law Injury & Malpractice Lawyers helps families in Aurora who are dealing with the effects of a birth injury. We understand the stress and fear that follow a medical mistake. Our team listens, investigates, and takes action. We’ll help you understand your rights and explain how to hold the right people accountable.
If your child was harmed during birth, you may be able to file a personal injury claim. We can guide you through every step of the legal process and fight for the fair compensation your family deserves.
A birth injury happens when a baby suffers harm during labor or delivery. This damage can be mild or severe. Some children recover quickly, but others may need lifelong care. These injuries may involve the brain, nerves, bones, or muscles.
Birth injuries are different from birth defects. A defect develops before birth. An injury happens because of something that went wrong during the birth process. Sometimes, medical negligence is to blame. In other cases, a difficult delivery can increase the risk, even when doctors do everything right.
If your child has suffered a birth injury, it’s important to know what caused it. A lawyer can help investigate whether a doctor, nurse, or hospital failed to meet proper care standards. That failure may lead to a medical malpractice claim.
Birth Injury | Birth Defect |
|---|---|
Happens during labor or delivery | Develops before birth |
May be caused by trauma or medical negligence | Often due to genetic or environmental factors |
Sometimes preventable | Usually not preventable |
May involve a personal injury lawsuit | Usually not linked to legal claims |
Common examples: cerebral palsy, nerve damage | Common examples: heart defects, cleft palate |
Doctors, nurses, and hospitals must follow strict standards during labor and delivery. If they fail to act properly, they can be held responsible for the harm caused. This includes failing to monitor the baby, waiting too long to act, or using tools improperly.
In some birth injury cases, the medical team may ignore warning signs or make risky choices. These decisions can cause serious injuries to the child. Parents may face large medical bills, lost time from work, and the stress of caring for a child with long-term needs.
A skilled Aurora personal injury lawyer can help prove that the medical professional’s negligence caused your child’s injury. With strong legal representation, families can demand answers and recover compensation for the damage done.
Some birth injuries are clear right away. Others take time to show. These injuries can cause short-term problems or lasting harm. Each type of injury affects the child differently.
Some of the common injuries that may occur during labor or delivery and could lead to a personal injury case are:
Cerebral palsy is a group of disorders that affect movement and muscle control. It is often caused by damage to the baby’s brain during or shortly after birth. One common cause is a lack of oxygen. It can also result from untreated infections or head trauma.
This condition does not get worse over time, but it has no cure. Children with cerebral palsy may need physical therapy, special education, and lifelong support. Families often face high medical expenses. When cerebral palsy is linked to medical negligence, you may be able to pursue a medical malpractice claim. A trusted Aurora personal injury attorney can help uncover what went wrong and fight for your child’s future.
The brachial plexus is a network of nerves near the neck that controls movement in the shoulders, arms, and hands. These nerves can be stretched or torn if the baby’s shoulder gets stuck during birth. This injury is sometimes called Erb’s palsy.
It can result in weakness, loss of motion, or even permanent disability in the arm. Some children recover with therapy. Others need surgery or long-term care. If a doctor pulls too hard or uses poor delivery techniques, they may be liable. These cases often involve medical malpractice and may allow families to seek help through a personal injury lawsuit.
HIE stands for hypoxic-ischemic encephalopathy. It is a type of brain damage caused by a lack of oxygen and blood flow during labor or delivery. HIE can be life-threatening and often leads to serious injuries. This injury may occur when doctors miss signs of fetal distress or delay a needed C-section.
Children with HIE may face developmental delays, seizures, or permanent brain damage. Birth injury cases involving HIE require expert review and strong proof of medical negligence. A qualified personal injury lawyer can help gather evidence and hold the responsible parties accountable.
During a difficult or forceful delivery, a baby’s skull can be fractured. This may happen if forceps or vacuum devices are used incorrectly. Skull fractures may lead to bleeding, pressure on the brain, or long-term damage.
Some babies also suffer nerve damage. This may affect facial movement, eyesight, or other functions. When a medical professional’s negligence causes these injuries, a medical malpractice attorney can help pursue the full compensation needed for your child’s care. These injuries often result in large medical bills and emotional distress for the family.
Facial paralysis may occur when pressure is placed on a facial nerve during delivery. This can happen if forceps are used or if the baby’s face presses too hard against the mother’s pelvis. The baby may not be able to move one side of the face.
Shoulder dystocia is a delivery emergency where the baby’s shoulder gets stuck behind the mother’s pelvic bone. This can result in fractures or nerve damage if not handled properly. If doctors respond too late or use too much force, they may be held responsible under personal injury law.
Spinal cord injuries are rare but very serious. They may happen if there is too much pressure on the baby’s neck or back during birth. This kind of trauma can result in permanent loss of movement or feeling.
These injuries often occur in difficult deliveries or breech births. A negligent medical provider who fails to follow safe delivery methods may be at fault. The long-term care required can be overwhelming. That’s why families should consider working with a trusted Aurora personal injury lawyer to explore all legal options.
Birth injuries are not always easy to see right away. Parents should trust their instincts and watch for delays or abnormal behavior. Early action can lead to faster treatment and a stronger personal injury case.
Some symptoms show up right away in the delivery room or within the first few days. These signs may include:
Doctors may dismiss these issues as temporary. But if something feels wrong, ask for further testing. Early signs can point to serious injuries that need immediate care. If a medical professional’s negligence is suspected, an attorney can help investigate what happened during delivery.
Other symptoms become more noticeable over time. Parents might see:
These may be signs of birth injury cases like cerebral palsy or nerve damage. If your baby misses key milestones, it’s time to talk to a doctor. You may also want to speak with a personal injury lawyer who understands these complex cases.
Some birth injuries cause permanent damage. Over time, your child may face:
These long-term effects can be overwhelming. You may face high medical expenses, school changes, or a full-time caregiving role. A trusted Aurora personal injury attorney can help you seek fair compensation for your child’s future needs.
When a birth injury happens, it’s important to understand who may be at fault. In many cases, more than one party could be responsible. Determining liability helps build a strong personal injury claim and gives your family a chance to recover compensation for the harm done.
Doctors and nurses play a major role in monitoring both mother and baby during labor. If they fail to notice signs of distress or delay necessary action, they could be liable for medical negligence.
Examples include:
Each mistake can have serious, lasting effects. A personal injury lawyer can help uncover what went wrong and identify every negligent medical provider involved.
Medical facilities are responsible for ensuring their staff is qualified and that proper procedures are followed. If a hospital fails to train or supervise its employees — or allows unsafe conditions in the delivery room — it may be held accountable in a personal injury lawsuit.
In some birth injury cases, the hospital itself is liable for:
Conboy Law Injury & Malpractice Lawyers investigates facility practices and staff behavior to determine if the hospital shares fault for your child’s injuries.
When a birth requires anesthesia or surgery, the risks increase. If anesthesia is given at the wrong time, in the wrong amount, or without proper monitoring, it can harm both mother and baby. Surgical staff may also cause injury during emergency C-sections or when using sharp tools near the baby’s spine or skull. These errors often go unnoticed until symptoms appear later.
An experienced Aurora personal injury lawyer can work with medical experts to find out whether an error occurred and build a strong case for fair compensation.
Sometimes, the fault lies with the equipment used during delivery. If a tool like a vacuum extractor or fetal monitor is defective, it may cause harm even when used correctly. In these situations, the company that made or distributed the faulty product may be liable.
This type of case is known as product liability and often overlaps with medical malpractice claims. A skilled legal team can identify if a defective product played a role and take action against the manufacturer for any resulting serious injuries.
Families dealing with a birth injury often feel lost. Medical terms, insurance forms, and complex laws can be overwhelming. That’s where a trusted legal advocate can make a difference. A knowledgeable personal injury law firm will handle the legal work so you can focus on your child’s care.
Your lawyer will start by looking into exactly what happened during the pregnancy and delivery. They’ll gather timelines, talk to witnesses, and review procedures followed by the medical professionals involved.
Understanding what went wrong helps build a solid case for medical negligence. It also helps identify who should be held responsible.
Proving medical malpractice often requires expert input. Your attorney will bring in qualified doctors or specialists to explain how the care you received fell below accepted standards. These experts help show that a better outcome is possible with proper care. Their opinions are key in convincing insurance companies and juries that the harm was preventable.
Medical records are a vital part of any personal injury case. Your attorney will collect hospital records, test results, and doctor notes that reveal signs of neglect. They’ll also track medical bills, treatment plans, and long-term care needs. These details help show the full implications the injury has had on your child and your family.
If your child showed signs of distress during birth or was diagnosed with a condition shortly after delivery, it could be due to a medical error. An experienced lawyer can review your medical records, speak with experts, and determine whether the actions of a provider fall under medical malpractice cases.
A poor outcome doesn’t always mean someone is at fault. However, if the doctor or staff didn’t follow proper procedures or missed signs of trouble, they may be liable. Proving this usually requires a review of your medical treatment and opinions from specialists.
In most cases, you have up to eight years to file. However, certain situations, like ongoing care needs, may extend that window. It’s best to speak with a lawyer as soon as possible so evidence is preserved and deadlines aren’t missed.
Yes. If a baby passes away due to mistakes during labor or delivery, the family may have grounds to file a wrongful death claim. These are heartbreaking cases, and legal support is essential to pursue justice while honoring the child’s memory.
Most lawyers handling injury victims work on a contingency fee. That means you pay nothing upfront, and the lawyer only gets paid if they win your case. At Conboy Law Injury & Malpractice Lawyers, we offer free consultations and take no legal fees unless we win.
If your child suffered a birth injury, you deserve clear answers and strong legal support. At Conboy Law Injury & Malpractice Lawyers, we understand how deeply these injuries affect families. Our team is here to help you take the next step toward justice.
As a trusted personal injury law firm, we focus on holding negligent medical providers accountable. We gather records, consult medical experts, and fight to recover the compensation your family needs for long-term care, therapy, and peace of mind.
We know how overwhelming the legal process can feel when you’re already caring for an injured child. That’s why we offer a free consultation to review your case and explain your options. There are no upfront costs, and you owe us nothing unless we win.
Call us today to speak with a compassionate birth injury lawyer who puts your family first.
Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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