The birth of a child should be one of the most joyful days of a family's life. But for some parents, that day becomes the beginning of a very different journey, one filled with specialists, therapies, unfamiliar medical terms, and a question that never quite goes away: Did this have to happen?
At The Law Offices of Parente & Norem, P.C., we understand that no family wants to think about a lawsuit in the days and weeks after a difficult birth. What families want are answers. And every family navigating a birth injury deserves to have their questions answered honestly, thoroughly, and with compassion.
What Is Considered a Birth Injury?
A birth injury is physical harm to an infant that occurs during labor, delivery, or shortly after birth. Some of the most serious birth injuries include:
- Hypoxic-ischemic encephalopathy (HIE): a brain injury caused when a baby's brain does not receive enough oxygen or blood flow during labor or delivery. HIE can lead to cerebral palsy, developmental delays, seizures, and lifelong cognitive challenges.
- Brachial plexus injuries: damage to the network of nerves controlling the arm and hand, often occurring when a baby's shoulder becomes lodged during delivery (shoulder dystocia). Severe cases, such as Erb's palsy, can result in permanent weakness or loss of function.
- Injuries related to delayed C-sections: when signs of fetal distress appear on monitoring, minutes matter. A delayed decision to perform an emergency cesarean delivery can mean the difference between a healthy baby and a lifelong injury.
Other birth injuries can include skull fractures, facial nerve damage, and injuries caused by the improper use of forceps or vacuum extractors.
Was My Child's Birth Injury Preventable?
This is the question at the heart of every birth injury case, and it deserves an honest answer.
The truth is that not every birth injury is the result of negligence. Childbirth carries inherent risks, and some complications occur even when the medical team does everything right. But some injuries happen because warning signs were missed, protocols were not followed, or critical decisions were delayed.
A birth injury may be preventable when medical providers fail to:
- Properly monitor fetal heart rate and respond to signs of distress
- Order a timely C-section when labor is not progressing safely
- Correctly manage complications like shoulder dystocia, umbilical cord problems, or placental issues
- Recognize risk factors such as a large baby, maternal infection, or preeclampsia
- Communicate clearly among the delivery team when conditions change
Families are rarely told directly whether a mistake occurred. Medical records are complex, and hospitals conduct their own internal reviews that parents never see. That is why an independent legal review, one that involves our experienced attorneys and qualified medical experts examining the complete record, is often the only way a family will ever learn what truly happened in the delivery room.
What Is the Lifetime Cost of Caring for a Child With a Birth Injury?
The financial reality of a serious birth injury is staggering, and it extends far beyond the initial hospital stay. Depending on the severity of the injury, a family may face decades of expenses, including:
- Ongoing medical care, medications, and specialist visits
- Physical, occupational, and speech therapy
- Surgeries and assistive medical equipment
- Home modifications and accessible transportation
- Special education services and one-on-one support
- In-home nursing or attendant care
- Lost income when a parent leaves work to become a caregiver
For children with severe HIE or cerebral palsy, lifetime care costs can reach into the millions of dollars. Health insurance rarely covers everything, and public programs often fall short of what a child actually needs to thrive. When a birth injury was preventable, families should not have to carry that burden alone.
How Can a Legal Review Help Fund My Child's Future Needs?
A successful birth injury claim is not about blame, it is about securing the resources a child will need for the rest of their life. Compensation in an Illinois birth injury case may account for:
- Past and future medical expenses
- Therapy, rehabilitation, and long-term care
- Assistive technology and home accessibility
- Lost earning capacity for the child
- Pain, suffering, and diminished quality of life
Many families use settlements to establish special needs trusts or structured arrangements that provide for their child well into adulthood long after parents may no longer be able to provide care themselves.
It is also important to know that Illinois law places time limits on birth injury claims. While minors generally have extended deadlines compared to adult medical malpractice cases, critical evidence, including fetal monitoring strips, medical records, and witness memories is best preserved early. Speaking with an attorney does not commit a family to filing a lawsuit; it simply ensures that the option remains available if the review reveals that negligence occurred.
What Should Families Do if They Suspect a Birth Injury Was Preventable?
If your child was diagnosed with HIE, a brachial plexus injury, cerebral palsy, or another serious condition following a difficult delivery, consider taking these steps:
- Request complete medical records for both mother and baby, including fetal monitoring strips.
- Keep detailed notes about what you remember from labor and delivery, including timelines and conversations with providers.
- Document your child's ongoing care diagnoses, therapies, and expenses.
- Speak with our experienced birth injury attorneys who can arrange for an independent medical review at no upfront cost.
Compassionate Answers for Illinois Families
At Parente & Norem, we know that behind every birth injury case is a family that loves their child deeply and simply wants to understand what happened, and how to provide for the future. Our attorneys handle birth injury cases with the sensitivity they deserve, and we work with respected medical experts to get families the answers they have been waiting for.
Consultations are always free and confidential, and you pay nothing unless we recover compensation for your family. If you have questions about your child's birth injury, we are here to listen.
Call Parente & Norem today at (312) 641-5926 for your free consultation. Your path to justice begins with us.
