Experienced Peoria Birth Injury Lawyer Fights for Your Child’s Future

Bringing a new baby into the world should be a joyful time. When something goes wrong during pregnancy, labor, or delivery, and your child is hurt, everything changes. Parents are left asking the same hard questions: What happened? Could this have been prevented? How will we care for our child in the years ahead?

If a medical provider failed to follow safe practices and that failure caused a birth injury, Illinois law may allow a claim for you and your child. A Peoria birth injury lawyer at Parker & Parker Attorneys at Law can help you understand what went wrong, whether the injury was preventable, and what resources may be available to support your child’s needs.

We represent families across central Illinois in serious birth injury and medical malpractice cases, as well as other life-changing injury matters such as
car accidents,
truck accidents,
motorcycle accidents,
and wrongful death claims.

What Is a Birth Injury?

A birth injury is harm to a baby or mother that happens during pregnancy, labor, delivery, or shortly after birth. Some problems are unpreventable, such as many genetic conditions or certain birth defects. Others happen because a doctor, nurse, midwife, or hospital does not follow the rules of safe care.

In a birth injury case, we look at whether a medical team acted as a reasonably careful provider would under the same circumstances. If they did not, and that failure caused harm, it may be medical negligence.

Birth Injury vs. Birth Defect: Why the Difference Matters

Many parents are understandably confused when doctors use broad terms like “complication” or “unexpected outcome.” A birth defect is often genetic or developmental and may not be preventable. A birth injury, by contrast, is an injury that occurs because of events during pregnancy, labor, delivery, or newborn care — and in some cases, it may be preventable if medical staff followed accepted safety practices.

This distinction is important because the legal question in a birth injury case is not “Was the outcome tragic?” It is: Were preventable warning signs missed, and did a breach of safe care cause harm?

Common Types of Birth Injuries

Every child is different, and no list can cover every situation. But some injuries show up again and again in birth injury lawsuits. These may include:

• Brachial plexus injuries such as Erb’s palsy or Klumpke’s palsy, often linked to shoulder dystocia or excessive traction on the baby’s head or neck
• Brain injuries from lack of oxygen (hypoxia or ischemia), which can lead to seizures, developmental delays, or cerebral palsy
• Skull or bone fractures during a difficult vaginal delivery or improper use of forceps or vacuum
• Infections or untreated jaundice that are not recognized and treated in time
• Severe tearing, hemorrhage, or other injuries to the mother that were not properly prevented or managed

Sometimes the signs are obvious in the delivery room. Other times, concerns show up months or years later, when a baby is slow to roll, sit, walk, talk, or use their hands like other children.

If your child has been diagnosed with cerebral palsy and you are asking whether something during delivery could have caused it, this guide may help you understand what parents often look for in the records:

What Claims Can I Make If My Child Is Diagnosed With Cerebral Palsy?

How Medical Negligence Can Cause a Birth Injury

Many families are told “these things just happen.” In some cases that is true. But in many, a careful review of the records shows missed warning signs or delays in treatment that should not have occurred.

Negligence in a birth injury case can take many forms, including:

• Not monitoring the baby’s heart rate during labor or ignoring signs of distress on the fetal monitor
• Failing to move to a timely C-section when labor is not progressing or when the baby shows signs of trouble
• Improper use of Pitocin, forceps, or vacuum extractors, causing too-strong contractions or physical trauma
• Mishandling shoulder dystocia, including pulling too hard on the baby’s head or neck instead of using proper maneuvers
• Not recognizing or treating maternal conditions such as preeclampsia, infection, or gestational diabetes
• Medication errors during pregnancy, labor, or immediately after birth
• Failure to follow up on concerning lab results, ultrasound findings, or newborn symptoms

To prove negligence, your Peoria birth injury lawyer does more than simply review charts. We work with qualified medical experts to explain what the standard of care required, how it was breached, and how those choices led to the harm your child or you now live with.

How fetal distress is recognized (in plain English)

One of the most common questions parents ask is: “How would anyone have known something was wrong?” In many deliveries, fetal distress is recognized through a combination of the fetal heart rate monitor, maternal vital signs, progress of labor, and clinical judgment.

Fetal monitoring strips can show patterns that raise concern for oxygen deprivation. The issue is not that every abnormal strip requires an immediate emergency C-section. The issue is whether the medical team responded appropriately to warning signs by reassessing, intervening, escalating to the attending physician, and delivering in time when the baby was not tolerating labor.

HIE (hypoxic-ischemic encephalopathy) and oxygen-deprivation injuries

When oxygen or blood flow is reduced during labor or delivery, the brain can suffer injury. In some cases, a baby may be diagnosed with HIE shortly after birth. In other cases, the injury is recognized later through seizures, developmental delays, or a diagnosis like cerebral palsy.

These cases often depend on timing — what the fetal monitor showed, how labor progressed, whether a C-section was delayed, and what the baby’s condition was immediately after birth (Apgar scores, cord gases, NICU interventions, cooling protocols, etc.).

Shoulder dystocia and brachial plexus injuries

Shoulder dystocia occurs when a baby’s shoulders become stuck during delivery. It is a true emergency, but medical providers are trained to use specific maneuvers to safely deliver the baby. In many brachial plexus cases, the dispute is whether excessive traction was used or whether safer maneuvers could have prevented permanent nerve damage.

Delay in C-section: why “decision-to-incision time” matters

When the baby is in distress or labor is not progressing safely, timely C-section can prevent catastrophic harm. In many birth injury claims, the key timeline question is: When did distress become apparent, and how long did it take to deliver? Even if individual providers were doing tasks, delays in escalation, anesthesia readiness, OR availability, or failure to recognize the urgency can become a major liability issue.

Featured Guides for Parents

Birth injury cases are medical-record driven. These guides explain common questions families have when trying to understand what happened and what comes next:

Birth Injury Cases Are Different From Other Injury Claims

Birth injury cases are some of the most complex medical malpractice cases. They usually involve:

• Multiple providers over time, including obstetricians, family doctors, nurses, midwives, anesthesiologists, and pediatric specialists

• Technical medical records, fetal monitoring strips, and imaging

• A long span of damages, often covering your child’s entire lifetime

Because of this, the investigation has to be careful and thorough. At Parker & Parker, we treat these cases as major litigation from day one. That can include:

• Ordering and organizing prenatal, labor and delivery, and neonatal records from all providers and hospitals

• Working with independent experts in obstetrics, neonatology, pediatric neurology, and nursing to evaluate what happened

• Meeting with your family to understand your child’s daily needs, abilities, and struggles

• Consulting life-care planners and economists to project the cost of care, equipment, therapies, and lost earning capacity over a lifetime

• Preparing exhibits, timelines, and video evidence that help a jury understand how your child’s life has been changed

This is similar to how serious adult injury or wrongful death cases are handled, but with special attention to a child’s long-term future.

What a life-care plan really does (and why it matters)

Families often hear “life-care plan” and assume it is just a legal phrase. In reality, it is usually the most practical and important part of a serious birth injury case. A life-care planner documents what your child is likely to need across childhood and adulthood — therapies, physician oversight, mobility equipment, communication devices, accessible housing needs, attendant care, and medical monitoring.

When the plan is supported by physicians, therapists, and objective records, it gives insurers and juries a concrete map of what “care for a lifetime” means. This often becomes the backbone of settlement value because it turns uncertainty into a documented projection.

What Compensation Can a Birth Injury Claim Provide?

No lawsuit can give your child back the health they should have had. What a civil case can do is bring accountability and provide money to pay for the things your child will need.

Depending on the facts, compensation in a birth injury claim may include:

Medical and Care Needs

• Past and future hospitalizations, doctor visits, and specialist care

• Therapy such as physical, occupational, speech, and behavioral therapy

• Medications, medical supplies, and adaptive equipment like wheelchairs, braces, and communication devices

• Home and vehicle modifications, such as ramps, bathroom changes, and accessible vans

• In-home nursing care, respite care, or attendant care as your child grows

Financial and Family Losses

• Lost earning ability over your child’s lifetime if they will never work or will work only in a limited way

• Lost income for parents who must cut back or stop working to provide care

• The value of extra household services your family must hire out because of caregiving demands

Emotional and Quality-of-Life Harm

• Your child’s physical pain, frustration, and limitations

• Loss of the ability to enjoy normal childhood activities

• Emotional distress and strain on family relationships

When a birth injury leads to the tragic loss of a baby or mother, a claim may also include wrongful death damages for funeral and burial costs and the family’s loss of love, companionship, and guidance.

How Long Do I Have to Bring a Birth Injury Case?

Illinois has strict time limits for medical malpractice and birth injury lawsuits. There are also special rules when the injured person is a child. These rules can be confusing, and the deadline can depend on when the injury was discovered and how it was first documented.

What matters most is this: if a claim is filed too late, the court may refuse to hear it, no matter how strong your evidence is. Because medical records can be changed or lost and memories fade, it is wise to talk with a Peoria birth injury lawyer as soon as you start to suspect that something went wrong.

In your first meeting, we will talk through dates, records, and your child’s diagnosis so we can calculate the important deadlines for your specific situation.

Illinois birth injury cases require expert review early (and that’s a good thing)

Illinois medical malpractice lawsuits (including birth injury cases) require specific procedural steps, including an early certificate and medical expert support in most cases (often referred to as 735 ILCS 5/2-622 requirements). In plain English: the law generally requires that a qualified medical professional review the case and support that it has merit before it proceeds. That makes these cases slower to file than most injury claims — but it also helps ensure serious cases are evaluated carefully and presented credibly.

What Parents Can Do in the First Months and Years

We know the early months after a birth injury are overwhelming. You are juggling specialist appointments, therapy, insurance, and sleepless nights. Nobody expects you to “build a case.” Still, a few simple steps can protect your child’s rights while you focus on their care:

• Keep all paperwork from hospitals, clinics, and therapists in one place, including discharge summaries and test results.

• Make notes after appointments about what doctors and nurses say regarding the causes of your child’s condition.

• Save photos and videos that show your child’s daily life, equipment needs, and any progress or setbacks.

• Avoid posting details about the case or blaming specific providers on social media.

• Do not sign any broad releases or settlements from an insurance company or hospital before speaking with an attorney.

If you hire Parker & Parker, we step in to handle communication with insurers, hospitals, and defense lawyers so you do not have to manage those discussions on your own.

Birth Injury FAQs

How do I know if my child’s condition was caused by medical negligence?

Most parents cannot answer this on their own, and that is not your fault. The medical records and fetal monitoring strips hold many of the clues. We review those records with independent medical experts who can explain whether the care fell below accepted standards and whether that caused your child’s problems.

My child is several years old. Is it too late to bring a birth injury claim?

Not necessarily. Birth injuries and developmental delays are sometimes recognized years after delivery. Illinois has special rules for minors in medical malpractice cases, but there are still firm deadlines. The only way to know for sure is to have a lawyer review the dates and records as soon as possible.

Will a lawsuit affect my child’s ongoing medical care?

Most birth injury claims are handled through insurance companies and hospital lawyers, not directly with your current doctors. Many families continue to treat with the same providers during the case. If there are concerns about retaliation or about changing doctors, we will discuss those with you and help you plan the safest path for your child’s safety and care.

What if I signed consent forms during labor or before surgery?

Consent forms explain known risks, but they do not give medical staff a free pass to ignore the rules of safe care. Even if you signed every document put in front of you, providers must still act as reasonably careful professionals. Negligent care is not excused by a generic consent form.

Do birth injury cases always go to trial?

No. Many cases settle through negotiation or mediation once the medical experts have been heard and the lifetime needs are clearly documented. Some cases do go to trial, especially when liability is denied or the defense will not agree to a fair amount. We prepare every case as if it may be tried so that you are ready for either path.

How much does it cost to hire Parker & Parker for a birth injury case?

We handle birth injury cases on a contingency fee. That means you do not pay an hourly rate, and there is no fee up front. Our fee is a percentage of what we recover for your family, plus reimbursement of case costs. We explain that percentage clearly before you sign anything. If there is no recovery, you do not owe an attorney fee.

What medical records are most important in a birth injury case?

The most important records often include prenatal records, labor and delivery notes, fetal monitoring strips, anesthesia records, operative reports (if a C-section occurred), newborn resuscitation records, NICU records, cord blood gases, imaging, and pediatric neurology or developmental evaluations. These documents often contain the timeline that answers what happened and when.

What if the hospital says the injury was “unavoidable”?

Hospitals and insurers commonly describe injuries as unavoidable early on. But preventability is not decided by a label — it is decided by whether the medical team responded appropriately to warning signs and followed accepted safety steps. That is why expert review and the delivery timeline matter so much.

Do we have to open an estate or guardianship for our child?

In many cases, a parent can file on behalf of a minor child, but if there is a significant settlement, court approval and a structured plan may be required to protect the child’s funds. If that applies, we explain the process and help families handle it in a way that protects the child’s future.

Talk With a Peoria Birth Injury Lawyer at Parker & Parker

You do not have to face a complex birth injury case alone or guess about your child’s rights. A Peoria birth injury lawyer at Parker & Parker Attorneys at Law can review what happened, explain your options, and help your family pursue the resources needed for your child’s future.