Birth Injury Medical Malpractice Claims in Illinois
Mon 16 Feb, 2026 / by Robert Parker / Medical Malpractice
Birth Injuries Caused by Medical Negligence in Illinois
The birth of a child should be a moment of joy, but when healthcare providers make preventable errors during pregnancy, labor, or delivery, the consequences can be devastating and lifelong. Birth injuries caused by medical negligence can result in conditions ranging from mild complications to severe disabilities that require ongoing care.
At Parker & Parker Attorneys at Law, we have seen firsthand how birth injuries affect families in the Peoria area. Understanding how these injuries happen and what legal options are available is the first step toward holding negligent providers accountable.
Common Types of Birth Injuries
Birth injuries can affect both the mother and the child. Some of the most common birth injuries caused by medical negligence include cerebral palsy, which can result from oxygen deprivation during labor or delivery. Erb’s palsy and brachial plexus injuries occur when excessive force is used during delivery, damaging the nerves in the baby’s shoulder, arm, or hand. Hypoxic-ischemic encephalopathy (HIE) is a form of brain damage caused by reduced blood flow and oxygen to the baby’s brain during birth.
Other birth injuries include bone fractures during delivery, facial nerve damage from improper use of forceps, and infections caused by failure to properly monitor and treat conditions like Group B streptococcus. Maternal injuries such as uterine rupture, excessive hemorrhaging, and injuries from improperly performed cesarean sections also fall under medical malpractice when caused by provider negligence.
How Medical Negligence Causes Birth Injuries
Birth injuries often result from failures during critical moments in prenatal care, labor, and delivery. Common forms of negligence include failure to monitor fetal heart rate and recognize signs of distress, delayed decision to perform an emergency cesarean section, improper use of delivery instruments such as forceps or vacuum extractors, failure to diagnose and manage pregnancy complications like preeclampsia or gestational diabetes, and inadequate response to umbilical cord complications including cord prolapse or nuchal cord.
In many cases, the injury could have been prevented if the medical team had followed the applicable standard of care. Proving that the provider deviated from accepted medical practices is a central element of any birth injury malpractice claim.
The Long-Term Impact of Birth Injuries
Unlike many other types of personal injury, birth injuries often result in conditions that affect the child for their entire life. A child with cerebral palsy may require physical therapy, occupational therapy, specialized education, assistive devices, and around-the-clock care. The financial costs associated with these needs can reach millions of dollars over a lifetime.
Beyond the financial burden, families face emotional challenges as they adjust to caring for a child with special needs. Parents may need to reduce work hours or leave employment entirely, adding financial stress to an already difficult situation.
Filing a Birth Injury Claim in Illinois
Illinois law provides families with the right to seek compensation when a birth injury results from medical negligence. Damages in birth injury cases can include past and future medical expenses, costs of ongoing therapy and rehabilitation, special education and assistive technology, pain and suffering endured by the child and family, lost earning capacity if the child’s condition affects future employment, and the parents’ lost income and emotional distress.
Because the victim is a minor, Illinois provides an extended statute of limitations for filing the claim. However, families should not delay in consulting with an attorney, as evidence can deteriorate and memories fade over time.
Why Expert Medical Testimony Is Critical
Birth injury cases are among the most complex types of medical malpractice litigation. They typically require testimony from multiple medical experts, including obstetricians, neonatologists, pediatric neurologists, and life care planning specialists. These experts help establish what the standard of care required, how the defendant deviated from that standard, and the full extent of the child’s injuries and future needs.
Illinois law requires a pre-suit affidavit from a qualified medical professional before a malpractice lawsuit can be filed, making early expert involvement essential.
How Parker & Parker Can Help
If your child suffered a birth injury that you believe was caused by medical negligence, our attorneys can review your medical records, consult with specialists, and determine whether you have a viable claim. We understand the urgency and sensitivity of these cases and work to build the strongest possible case for your family.
Contact Parker & Parker at 309-673-0069 or reach out online for a free consultation.
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