Chicago birth injury lawyer


Thousands of infants are delivered daily throughout the United States. Unfortunately, not all of these children undergo safe delivery procedures, resulting in life-long or fatal injuries. Among the multitude of factors contributing to this catastrophic outcome, Medical negligence is often the primary cause. If your child suffers from the repercussions of negligent medical professionals or facilities, our Chicago birth injury lawyer can help.


birth injury attorney can help you

It takes a single family over nine months to prepare and welcome their newest member. However, it only takes a single wrong medical decision or a minute of negligence to ruin everything. Children and mothers are often the victims of negligent labor and delivery process, and this negligence can entail hefty medical expenses, a lifetime of suffering, or, in the worst case, the death of an infant.

Although money won’t be able to solve everything, recuperating damages can help your family stand back up and relieve some of the burdens resulting from this devastating event. Retaining the legal assistance of a Chicago birth injury attorney is the first step you need to take if you want to pursue a claim.

Conboy Law Firm is a multifaceted personal injury law firm based in Chicago. Our legal expertise in this area of law encompasses more than car accidents or slips and falls. We also specializes in birth injury cases and medical malpractice incidents. Here’s how we can help:

  • Conduct a thorough investigation of your birth injury case.
  • Build a solid personal injury claim by recovering strong pieces of evidence.
  • Handle all the paperwork and communicate with the insurance company on your behalf.
  • Help you get in touch with the best medical experts for your case.
  • Protect your legal rights and help you understand what they are throughout the entire process.

You don’t have to face this challenge alone. Our Chicago birth injury lawyers are more than willing to help you every step of the way. Protect you and your child’s rights by booking your free initial consultation with us.


The CDC reported that roughly 3.6 million children are delivered annually and, according to the National Healthcare Quality Report (AHRQ), one in every 9,700 live births results in some form of birth injury every year. If you do the math, that’s about 37 infants suffering from birth injuries yearly.

Some of the most commonly reported birth injuries nationwide are:

  • Cerebral hemorrhage,
  • Facial nerve palsy,
  • Spinal cord injuries,
  • Birth trauma,
  • Broken bones.

Although some injuries may occur due to inevitable circumstances, the majority of them are preventable. With proper care and attention, pediatric medical providers can minimize the risk of birth traumas or injuries to both the child and the mother.


delivery and labor injury lawsuits

Delivery and labor lawsuits are legal actions taken by families of infants or mothers who have suffered injuries due to medical negligence during the delivery process. These lawsuits are often challenging to establish because the plaintiff must first prove that the medical professional or facility in question deviated from the professional standard of care.

When dealing with such cases, it’s vital to consider the following key points:

  • The type of injuries suffered by the mother or child.
  • The severity of the damage.
  • If the injury led to long-term effects or permanent disability. 
  • The estimated medical expenses for current and future treatment. 
  • Pain, suffering, and emotional damage to the mother or child.

Because these cases are sensitive and intricate, retaining the help of a Chicago injury lawyer specializing in birth injury cases should be your top priority. They can help you understand the legal process and guide you through every step of your case.


Birth defects and birth injuries are not synonymous, and the primary distinction between these two is how they develop. In the following sections, we’ll talk more about what sets these two terms apart.


A birth defect is any form of congenital disability or a developmental abnormality present in a child at birth. Any organ or system in the body might be affected by birth defects. The heart, lungs, intestines, spinal cord, brain, eyes, ears, bones, limbs, fingers, and toes are most commonly affected. Depending on the type of birth defect, more than one organ or an entire organ system may be defective.

Several factors influence the development of congenital disabilities, such as fetal exposure to toxic chemicals, inherited conditions, predisposed genes, or an unknown cause.


In contrast, birth injury refers to any form of harm sustained by the newborn before, during, or after delivery. Unlike birth defects, these injuries are mostly preventable.

Birth injuries are often due to defective birth equipment, poor delivery practices, and improper labor techniques. These injuries often result in permanent damage; in some cases, they might even be fatal.

Some of the most common birth injuries include:

  • Cerebral palsy,
  • Erb’s palsy,
  • Shoulder dystocia,
  • Facial nerve damage,
  • Skull fractures.


medical negligence can cause birth injuries

Medical negligence is a general term referring to any form of carelessness or recklessness exhibited by a medical professional while performing their duties. This encompasses errors in judgment and failure to provide adequate care, leading to patient injury or death.

In the context of childbirth, medical negligence might manifest in the form of:

  • Improper or failed use of delivery equipment, such as vacuum extractors and forceps
  • Failure to anticipate and manage birth complications like placental abruption or umbilical cord prolapse
  • Delaying a C-section when it’s medically necessary
  • Administering incorrect medication or dosages
  • Failing to order necessary tests
  • Making errors during the delivery

Many factors can contribute to medical negligence. In some cases, it might be due to the doctor’s inexperience or lack of training, and it could also be due to understaffing, overworking, or failing to follow protocol.

Regardless, this is a serious issue with potentially devastating consequences. If you believe your child’s birth injury was caused by medical negligence, you should consider taking legal action against the responsible party.


common types of birth injuries

Many different types of birth injuries can occur, and the severity can range from mild to severe. Some of the most common include:

  • Cerebral palsy: This neurological disorder affects the infant’s movement and muscle coordination. Often, this injury is the result of oxygen deprivation during birth.
  • Erb’s palsy: This condition is caused by damage to the nerves in the neck and shoulder. Erb’s palsy often occurs when the infant’s head and neck are stretched during a difficult delivery.
  • Shoulder dystocia: This condition occurs when the infant’s shoulders get stuck during delivery, preventing the baby from coming out of the birth canal.
  • Facial nerve damage: Facial nerve damage can occur when the baby’s face is pulled or stretched during delivery.
  • Skull fractures: These fractures can occur when excessive force is used during delivery or if a hard object strikes the infant’s head.

This list does not cover all birth injuries that might occur, but if your child exhibits these or similar symptoms, it’s worth looking at the possibility of a birth injury. Obtaining a second opinion from a medical professional from a notable institution should be your first step.


Common Signs And Symptoms Of Birth Injuries

The signs and symptoms of birth injuries will depend on the type and severity of the injury sustained by the victim. However, here are some of the tell-tale signs that might indicate the presence of a birth injury:

  • Excessive crying or discomfort,
  • Feeding difficulties,
  • Breathing problems,
  • Muscle weakness or paralysis,
  • Loss or delayed sensation,
  • Seizures,
  • Developmental delays.

Observing your child closely for these symptoms is essential, as some birth injuries might not be immediately apparent. If you suspect your child has sustained a birth injury, it’s best to seek professional medical help immediately.


damages you can recover through a Chicago birth injury lawsuit

Birth injury victims are entitled to obtain economic and non-economic damages through a personal injury lawsuit. Depending on the facts of your case, you might be able to recover damages for:

  • Medical expenses: This can include the cost of hospitalization, surgeries, medication, rehabilitation, and any future medical care that the patient might require.
  • Pain and suffering: This can include physical pain, emotional anguish, mental suffering, and loss of enjoyment of life.
  • Loss of earnings: This can include loss of current and future income if the victim cannot work due to their injuries.
  • Loss of consortium: This can include the loss of companionship, love, affection, and sexual relations.
  • Punitive damages: These are designed to punish the defendant for their negligent or intentional actions.

Filing a birth injury lawsuit can be a complex and time-consuming process, so having an experienced Chicago personal injury lawyer is crucial. At Conboy Law, we have helped many families obtain the justice and compensation they deserve.


statute of limitation for birth injury claim

Like other civil lawsuits in Illinois, birth injury claims are subject to a rule known as the statute of limitations. Under this rule, you have a certain period to bring your lawsuit forward. For a medical malpractice claim, you have two years from the date you gain awareness of the negligent action.

Failing to file a medical malpractice lawsuit within the statute of limitations will result in the dismissal of your case. However, the time limit for injured children is different. In Illinois, if the negligent act occurred when a victim was under 18 — as in a birth injury case — then the victim’s party should file the birth injury claim within eight years from the date of the negligent act or before the victim turns 22.


why choose Conboy Law Firm

When fighting for your and your child’s rights, experienced representation matters. Conboy Law Firm has the experience necessary to safeguard your rights and assist you in obtaining compensation for your damages and losses.

Our knowledge, expertise, experience, dedication, and compassion allow us to provide our clients with the best outcome. Here’s what you can expect when working with our legal team:

  • We Have Years of Expertise Handling Personal Injury Cases. We have successfully handled cases for injured individuals for over six years. We are well-respected throughout the legal community. Most importantly, we have never and will never work for insurance companies.
  • We Have an Impressive Track Record. We have obtained favorable results in most of the cases we handled, giving us a near-perfect track record.
  • We Work on a Contingency Fee Basis. We handle birth injury cases with no upfront fees. We only get paid when you get paid.
  • We Offer Free, No-Obligation Consultation. You can talk to us for free. During your initial consultation, we will want to know you more and understand your case better to determine if we are the right fit for your unique situation.


Is cerebral palsy a birth injury?

Cerebral palsy is a birth injury occurring when there is damage to the baby’s brain during pregnancy, childbirth, or shortly after birth. In a birth injury case, cerebral palsy is often caused when the baby is deprived of oxygen during delivery.

How do birth injuries happen?

A birth injury occurs due to the following:

  • The doctor misuses vacuum extractors or forceps.
  • The baby is too large for the mother’s pelvis.
  • The doctor fails to diagnose the baby’s or mother’s medical conditions.
  • The baby’s position toward the birth canal is incorrect.
  • The doctor does not identify and respond to fetal distress during labor.
  • C-section delivery was necessary but was not performed or gets delayed.

How can an attorney help after a birth injury?

A birth injury attorney will investigate your claim, collect evidence, interview witnesses, and negotiate with insurance companies on your behalf. Employing the assistance of a birth injury attorney is essential to ensure you and your family are fairly compensated for the injuries suffered.

Often, birth injury lawsuits do not always go as expected, and you might end up in trial. A birth injury attorney will help you with every step and ensure you understand your legal options.

How can birth injuries be avoided?

There are ways to prevent birth injuries from happening. To avoid birth injuries, a medical provider should do the following:

  • The doctor should closely monitor the mother’s health during pregnancy.
  • Medical professionals should pay close attention to the baby’s heart rate during labor.
  • If shoulder dystocia is anticipated, the doctor might recommend a C-section delivery.
  • Vacuum extractors and forceps should only be used when necessary and with caution.

Essentially, if medical professionals exercise a reasonable degree of care, then they can prevent birth injuries.


Chicago Birth Injury Attorney

Birth injuries occur primarily because of clinical negligence. If you or your child has suffered a birth injury, it is essential to seek legal counsel as soon as possible. The experienced Chicago birth injury lawyer at Conboy Law Firm will zealously advocate on your behalf and help you obtain the compensation you and your family deserve.

Book your free consultation now by calling us at (312)726-9000 or by submitting our online contact form.

Thanks to this amazing law firm, I was able to successfully bring justice and get the help I needed. They really care a lot about their clients, they’re 100 percent fully involved in your case and will do the most to make sure you get the help you need. Thanks for everything!
Tiffany H.
I can't say enough about Joseph Conboy. He was a true asset during our personal injury claim and had such an amazing legal approach, which made me feel like his top priority from day one! I'm so grateful we were able to work together for this win/win outcome.
Jackson K.
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