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Welcoming a new baby should be a joyful experience. But when something goes wrong during labor or delivery, families are left with pain, questions, and often overwhelming medical needs. Birth injuries can change a child’s life forever, and parents are left trying to find answers while coping with emotional and financial stress.
Conboy Law Injury & Medical Malpractice Lawyers helps families in Waukegan, Illinois, understand their legal rights after a birth injury. We handle complex medical malpractice cases with care, clarity, and a deep understanding of personal injury law.
If your child suffered harm during birth, our experienced team is here to investigate what happened and hold the right people accountable. You deserve honest advice, trusted guidance, and a team that’s committed to helping you recover full and fair compensation for your child’s injuries.
When a newborn suffers harm during labor or delivery, the emotional and financial toll on the family can be overwhelming. Parents are often left with medical questions, unexpected expenses, and a deep sense of uncertainty about their child’s future.
Our legal team is here to explain your options and help you pursue justice through a strong birth injury claim.
A birth injury refers to physical harm a baby suffers before, during, or immediately after childbirth, often due to complications or errors made by medical professionals. These injuries can affect the baby’s brain, nerves, bones, or muscles, and they may lead to long-term health problems or disabilities.
In many cases, the injury results from preventable mistakes during labor, such as improper use of tools, delayed delivery, or failure to monitor fetal distress.
| Birth Injury | Birth Defect |
|---|---|
| Caused by trauma during labor or delivery | Develops during pregnancy |
| Often preventable | Usually not preventable |
| May involve medical mistakes | Often related to genetics or unknown reasons |
| Can support a medical malpractice claim | Not typically the result of medical error |
Every case is different, but some injuries happen more often than others. Our personal injury attorneys have experience helping families with many types of birth-related harm.
Birth injuries often occur when doctors, nurses, or other medical professionals fail to follow proper procedures during labor and delivery. Even a small mistake or delay can cause serious harm to a newborn.
Many of these injuries could have been prevented with careful monitoring and timely decisions. Some of the most common ways birth injuries happen are:
Using forceps or a vacuum extractor during delivery requires great care. If used incorrectly or with too much force, these tools can cause skull fractures, nerve damage, or facial paralysis.
When a baby is in distress, doctors must act quickly. Delaying a C-section or ignoring signs like an abnormal heart rate can lead to oxygen loss and permanent brain damage.
Babies in a breech position or those that are too large for a safe vaginal delivery need special handling. Mistakes during these births can cause spinal cord injuries or shoulder damage.
Doctors and nurses must carefully watch the baby’s heart rate and the mother’s vital signs. Failing to notice problems like high blood pressure, low oxygen, or stalled labor increases the risk of serious birth injuries.
Some signs of a birth injury show up right away, while others may not be obvious until weeks or even months later. Parents should always trust their instincts, if something feels wrong, it’s worth checking.
Early symptoms can be subtle but may point to serious medical issues. The sooner you act, the sooner your baby can get the care they need.
If your baby struggles to move one arm or leg, shows stiffness, or feels floppy when held, it could be a sign of nerve damage or a brain injury. These issues often result from trauma during delivery and need immediate medical attention.
Seizures in a newborn (whether mild or severe) can indicate brain trauma. Likewise, babies who have trouble latching, sucking, or breathing regularly may be suffering from the effects of oxygen loss or neurological harm.
If your child is not rolling over, sitting up, crawling, or making sounds on time, it may point to deeper issues caused by a birth injury. These delays may not be obvious at first but become more clear as your child grows. Early intervention is key.
When a child suffers a birth injury, determining who is legally responsible is one of the most important steps in building a strong medical malpractice claim. Liability can fall on more than one party depending on the circumstances.
It’s critical to examine every aspect of the delivery, from the actions of the doctors to the safety of the equipment used.
The doctors leading the birth have a legal duty to provide proper care during pregnancy, labor, and delivery. If they failed to respond to complications or used poor judgment that caused injury, they may be held liable for medical malpractice.
Nurses and other medical staff are responsible for monitoring both mother and baby. If they missed warning signs, failed to follow orders, or acted carelessly, their actions may have contributed to the harm and make them partly responsible.
The hospital or birthing facility itself may be liable if it failed to maintain safe conditions, did not properly train staff, or allowed unsafe practices. Medical malpractice victims can often bring claims against both individuals and the facility as a whole.
In some cases, the injury may have been caused by a defective medical device, such as faulty monitors or poorly made forceps. If the equipment used during labor was unsafe or malfunctioned, the manufacturer could be held liable for the injury.
If your child suffered a birth injury, the legal process may feel overwhelming while you’re already coping with emotional stress and medical concerns. A Waukegan birth injury lawyer can help you understand your rights, investigate the cause of the injury, and pursue a medical malpractice claim.
Conboy Law Injury & Medical Malpractice Lawyers offers support, guidance, and legal strength for families in Waukegan and throughout Lake County.
An experienced personal injury attorney will carefully review your medical records to identify signs of negligence or medical errors during labor and delivery. They gather evidence to support your claim and build a strong case that clearly shows how the injury occurred and who was responsible.
A skilled Waukegan personal injury attorney partners with trusted medical experts to review the care you received. These experts help explain complicated medical issues and testify about how the care fell below proper standards, making your case stronger in court or settlement discussions.
Your birth injury lawyer will try to reach a fair settlement by negotiating directly with the hospital, doctors, or their insurance companies. If a reasonable agreement is not offered, your lawyer can file a lawsuit and represent your interests in court to fight for the justice your family deserves.
Many birth injuries cause permanent damage that affects the child’s development, quality of life, and ability to earn a living in the future. Your lawyer will work to pursue maximum compensation for your family’s medical bills, pain and suffering, rehabilitation costs, lost wages, and future needs so your child can receive the care they need.
Medical negligence happens when a healthcare professional fails to follow the proper standard of care, and that failure causes harm. In birth injury cases, this could include medication errors, wrong use of forceps, or delayed emergency care. A personal injury law firm can investigate whether your child’s injuries were caused by medical negligence.
Yes. Many personal injury claims include emotional distress as part of the damages. Parents may experience anxiety, grief, and trauma after a birth injury. A personal injury lawyer will include emotional distress alongside physical pain, medical expenses, and other damages when seeking compensation.
You may be able to recover compensation for medical expenses, future medical care, physical pain, emotional distress, lost income, and loss of future earning capacity. If your child’s condition causes severe injuries or serious long-term harm, these factors increase the value of your personal injury claim.
Any healthcare professional involved (such as doctors, nurses, or specialists) could be liable. Hospitals may also be held accountable for surgical errors, improper staffing, or failing to prevent medication errors like giving the wrong medication. Your lawyer will identify all responsible parties after reviewing the facts of your case.
It’s best to contact a personal injury law firm as soon as possible. Time limits apply, and evidence may be lost if you wait. An initial consultation can help you understand your legal options and whether you have a valid claim. Experienced lawyers will explain how they handle cases like yours and what’s in your family’s best interests.
If your child was injured during birth due to medical mistakes, you deserve answers and support. Conboy Law Injury & Medical Malpractice Lawyers understands how overwhelming this experience can be. We’re here to help families like yours recover from serious injuries caused by medical errors.
Our legal team offers strong legal representation for accident victims, including newborns who suffer from broken bones, brain injuries, or other trauma. Our practice areas include medical malpractice and other types of personal injury cases that demand skilled advocacy.
Our lawyers handle every case with care, urgency, and compassion. We take the time to understand your situation and fight for the compensation your child needs now and in the future.
Contact us to schedule your free consultation today. There’s no cost to speak with us, and we’re ready to help you take the next step.
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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