A traumatic birth happens when something goes wrong during labor or delivery, leading to serious harm to the mother or baby. This could be physical injury, complications, or emotional distress caused by how the birth was handled. While not all difficult births are considered traumatic, some can leave lasting effects on both the parents and the newborn.
Some families start thinking about legal action when they feel the injury could have been prevented. If a doctor, nurse, or hospital made a mistake that caused the injury, parents might wonder if they have the right to sue. This is especially true when the child needs long-term medical care or therapy due to the injury.
Knowing your legal rights in Illinois is important. The laws around medical malpractice are specific, and not every bad outcome leads to a valid lawsuit. But if you believe that your doctor or hospital failed to provide proper care, it’s worth understanding how the law can protect you and your child.
If you or your loved one experienced a traumatic birth due to hospital negligence, contact a birth injury claim attorney in Chicago today to explore your legal options.
What is Considered a Traumatic Birth?
A traumatic birth refers to a delivery where the mother or baby suffers harm due to complications or actions during labor. Doctors may use the term to describe physical injuries like torn tissues, broken bones, or lack of oxygen to the baby. Emotional trauma can also be involved, especially if the birth was frightening or painful in unexpected ways.
Some common complications include emergency C-sections, shoulder dystocia (when the baby gets stuck), heavy bleeding, or oxygen problems in the baby. Injuries like bruising, fractures, or even brain damage can result from a rough or delayed delivery.
However, it’s important to know the difference between natural risks and medical mistakes. Some complications can happen even when doctors do everything right. But if the injury was due to poor decisions, lack of attention, or improper use of equipment, it could be a case of negligence rather than just an unfortunate situation.
Can You Legally Sue a Hospital for Traumatic Birth in Chicago?
Yes, under Illinois law, you can sue a hospital if you can prove that medical malpractice occurred during birth. This means showing that the hospital or its staff didn’t provide the standard level of care expected during labor and delivery, and that this failure directly caused harm.
To have a strong case, there must be clear evidence that the doctor, nurse, or hospital acted carelessly. This includes things like failing to monitor the baby’s heart rate, delaying a necessary C-section, or using delivery tools incorrectly. Not every complication is a legal case, but negligence must be clear.
When a mistake could have been avoided with proper care, the law allows families to seek justice. You’ll need medical records, expert opinions, and legal support to prove that the hospital’s actions were the cause of the injury.
Common Types of Birth Injuries Caused by Hospital Negligence
Cerebral Palsy
One of the most serious birth injuries linked to medical errors is cerebral palsy, a condition that affects movement and muscle control. It can happen when the baby doesn’t get enough oxygen during birth, often due to delays in care or poor monitoring.
Erb’s Palsy
Another common injury is Erb’s palsy, which affects the baby’s arm or shoulder when nerves are damaged during delivery, especially in cases of shoulder dystocia. This can happen if too much force is used when delivering the baby.
Oxygen Loss
Brain damage caused by oxygen loss is also a serious concern. If doctors don’t notice distress in time or fail to act quickly, the baby’s brain may suffer permanent injury. Mothers can also be harmed through surgical mistakes, such as errors during C-sections, or if their bleeding isn’t treated quickly.
Finally, failing to monitor fetal distress is one of the leading reasons birth injuries occur. When warning signs are ignored, the baby can be placed in danger, and the result can be lifelong health problems that could have been avoided.
Steps to Filing a Birth Injury Lawsuit in Illinois
Step 1). The first step in filing a lawsuit is collecting medical records and other important documents. These help show what happened during the delivery and whether proper care was given. You may also need to collect information on who was involved in your treatment.
Step 2). families usually speak with a birth injury lawyer in Chicago who understands Illinois malpractice laws. The lawyer will review the case and help decide if there is enough evidence to move forward with a claim.
Step 3). Once you decide to take legal action, your lawyer will help you file a medical malpractice claim. This is a formal document that explains how the injury happened and why the hospital is responsible. The process can take time, but your lawyer will guide you through each step.
The lawsuit process includes investigations, expert reviews, negotiations, and possibly a trial. While some cases settle quickly, others may take months or even years. The goal is to get the support your family needs to recover and move forward.
How Much Compensation Can You Receive?
The amount of compensation depends on how serious the injury is and what kind of care your child may need in the future. Medical bills, therapy costs, and treatment expenses are often covered. Families can also get money for pain, emotional stress, and lost quality of life.
In Chicago, birth injury settlements vary a lot. Some cases settle for thousands of dollars, while others may reach millions, especially if the injury leads to permanent disability or lifelong care needs.
If your child needs help walking, speaking, or learning due to the injury, you may be entitled to long-term care compensation. This includes equipment like wheelchairs, in-home nurses, or special schooling.
The goal of a lawsuit is not just money—it’s about getting the support and care your child deserves after being injured due to someone else’s mistake.
Statute of Limitations for Birth Injury Lawsuits in Illinois
In Illinois, there’s a time limit for filing a birth injury lawsuit. For most cases, you have two years from the time you knew (or should have known) that a medical mistake caused harm. But birth injury cases involving children have special rules.
For infants, the law allows more time. Families often have up to eight years to file a claim on behalf of the child. But the sooner you act, the better your chances of building a strong case.
Waiting too long can mean you lose the right to sue, even if the injury was clearly caused by negligence. That’s why it’s important to talk to a lawyer as soon as you suspect something went wrong.
Even if you’re unsure whether you have a case, it’s better to ask questions early than to miss your chance later.
How a Birth Injury Attorney Can Help
A birth injury attorney understands how to handle these types of cases and can help you take the right steps. They can review your medical records, gather expert opinions, and explain the law in simple terms.
A good lawyer will focus on building a strong case that shows the hospital or doctor made a serious mistake. They will help collect evidence and speak with experts who can confirm what went wrong during the birth.
Lawyers also help deal with the hospital’s legal team and insurance companies. They will work to get you a fair settlement without letting others take advantage of you.
If your family is going through a difficult time, a skilled attorney can help ease the pressure and make sure your child’s needs are properly addressed.
Speak to a Chicago Birth Injury Attorney Now
If you believe your child was injured during birth due to hospital mistakes, it’s important to get advice right away. Phillips Law Offices has helped many families in Chicago handle birth injury claims and seek the support they need.
Talking to a lawyer doesn’t cost anything upfront. Our lawyer can review your case and tell you what options you have. You don’t have to face this situation alone—help is available.
Your child deserves proper care and a chance at a better future. If that was taken from them due to medical mistakes, a legal claim can help make things right.
Call us today at (312) 598-0917 and speak to someone who understands what you’re going through and is ready to help you take the next step.
Interesting Reads:
When Can I Sue A Chicago Hospital For Negligence?
Do I sue the doctor or the hospital if I’ve been a victim of medical malpractice?
What Legal Options Do I Have in Chicago if My Child Was Injured During Birth?
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