Chicago Birth Injury Attorney

birth injury lawyers in ChicagoBirth injuries can be devastating, and they can cause long-lasting permanent damage to a child. In most cases, birth injuries are preventable. However, there are times when the negligent or careless actions of a medical provider cause harm to a child. If your child has sustained a birth injury, Seidman, Margulis & Fairman, LLP is here to help. Let our Chicago birth injury attorneys investigate your case and work to secure the compensation you deserve.


Birth Injury Lawsuit Information


Why Choose Our Chicago, IL Birth Injury Lawyers

If your child has sustained a birth injury, you need a team by your side with extensive experience handling medical malpractice claims. Seidman, Margulis & Fairman, LLP is ready to get to work.

  • We focus only on personal injury cases, which gives us unique insights and a high level of specialization to help handle the litigation process of birth injury claims.
  • We are committed to providing each client with individualized attention. Our clients deal directly with their attorneys, not paralegals or junior assistance.
  • We take Chicago birth injury cases on a contingency fee basis. This means that our clients face no upfront or out-of-pocket costs related to their case. We are only paid legal fees after we secure a favorable settlement or verdict on behalf of the client.

How Will Hiring a Birth Injury Attorney Help?

Like any medical malpractice case, birth injury cases can become incredibly difficult. Proving that a mistake occurred and caused harm to a child involves extensive investigation. A Chicago birth injury lawyer will have the resources necessary to:

  • Obtain all evidence necessary to prove that malpractice occurred. This can include medical records, the history and safety records of the obstetrician involved, eyewitness accounts from others present, and more.
  • Ensure that a trusted medical professional evaluates your child and reviews their medical records. Medical experts may need to provide witness testimony in the case.
  • Negotiate with all parties involved to reach a settlement that covers all expenses related to the birth injury claim.

How Do These Injuries Occur?

In many cases, a birth injury occurs because of the negligence of a member of the medical staff involved in the birthing process. In general, an obstetrician is the overall responsible party during the delivery process. Obstetricians are highly trained medical professionals that must maintain the standard of care that other similarly trained obstetricians would exercise in the same kind of situation.

Some of the most common causes of birth injuries revolve around:

  • A failure to perform a C-section if medical symptoms indicate the need for one
  • A failure to recognize maternal or fetal distress
  • The misuse of a vacuum device or forceps during delivery
  • A failure to recognize a prolapsed umbilical cord or a breech birth

Birth injuries are not only caused by incidents that happen during the delivery process. It is also vital that obstetricians monitor a mother closely throughout her pregnancy as well as at the time immediately leading up to the birth to recognize and prevent complications.

What Are The Most Common Birth Injuries?

There are various types of injuries that a child can sustain during the birthing process due to the negligence of a medical provider. Some of the most common birth injuries include:

  • Bone fractures
  • Meconium aspiration
  • Bleeding on the brain
  • Nerve damage
  • Fetal oxygen deprivation
  • …and more

One of the most well-known birth injuries in the United States is cerebral palsy. It is important to understand that cerebral palsy is not a single disorder, but rather a group of disorders that can affect the muscle control, head control, muscle tone, walking, balance, sensation, and cognitive function of a child. Cerebral palsy is the result of brain damage usually caused by hypoxia.

How Long Do You Have To File A Birth Injury Claim?

As with any other medical malpractice claim, birth injury cases must be filed within a certain amount of time. These time limits are known as the statute of limitations. In Illinois, the statute of limitations for medical malpractice cases is two years from when the injury occurs or two years from the date the injury is discovered.

However, birth injury claims have a different statute of limitations. These cases must be filed within eight years of the injury occurring, and no claim may be filed after the child’s 22nd birthday.

Due to the complicated statute of limitations involved in medical malpractice and birth injury cases, it is vital to speak to a Chicago birth injury lawyer as soon as possible about your case.

What Kind Of Compensation Is Available For These Cases?

If your child has been injured at birth due to the negligence of a medical professional, various types of compensation may be available for your claim. It is important to understand that every case is different and that the total amount of compensation awarded will vary depending on the facts of each case. However, at Seidman, Margulis & Fairman, LLP, we regularly help clients recover the following:

  • Coverage of any medical expenses related to the birth injury
  • Coverage for any future medical expenses caused by birth injury-related disabilities
  • Compensation for any needed in-home care or medical devices
  • Recovery of lost wages for a parent if they are unable to work
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Possible punitive damages against a grossly negligent medical provider

It is important to understand that the process of calculating birth injury compensation can be complicated, particularly when determining how these injuries will affect a child throughout the course of their life. A skilled Chicago birth injury lawyer will work with medical and economic experts to properly calculate these expenses.

Speak To A Skilled Birth Injury Attorney Today

If your child has experienced an injury at birth, and you believe that the injury was caused by the careless or negligent actions of a medical professional, seek legal assistance today. At Seidman, Margulis & Fairman, LLP, we pledge to investigate every aspect of your claim in order to secure the compensation you and your child need to get through this. When you need a Chicago birth injury attorney, you can contact us for a free consultation of your case or call (312) 781-1977.