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Streamwood Birth Injury Lawyer
When your baby is born with an injury caused by a doctor’s mistake, life changes instantly. Parents in Streamwood and the surrounding northwest suburbs of Chicago face an overwhelming mix of emotions, medical appointments, and unanswered questions. At Briskman Briskman & Greenberg, we believe families in communities like Streamwood, along the I-90 corridor near Schaumburg and Hoffman Estates, deserve honest answers and real legal help. If your child was harmed during labor or delivery, you may have the right to pursue a birth injury claim under Illinois law.
Table of Contents
- What Is a Birth Injury and How Does It Happen?
- Illinois Law and Birth Injury Claims
- Common Birth Injuries Linked to Medical Negligence
- What Compensation Can Streamwood Families Recover?
- Why Filing Deadlines Matter and Why You Should Act Now
- FAQs About Streamwood Birth Injury Lawyer
What Is a Birth Injury and How Does It Happen?
A birth injury is physical harm to a baby that occurs during pregnancy, labor, delivery, or immediately after birth. These injuries are different from congenital birth defects, which typically develop within the first trimester due to genetic or environmental factors. Birth injuries, sometimes called birth trauma, are physical injuries that occur during the delivery process. They typically occur due to a multitude of reasons, including fetal health issues, maternal health issues, or external conditions such as medical malpractice or medical negligence.
Many birth injuries are preventable. Birth injuries may be caused by delivery complications, difficult or prolonged labor, or medical malpractice, including the incorrect use of birth-assistive tools. They are often preventable and can have devastating impacts on the immediate and long-term health of both mother and child.
Common types of negligence that lead to birth injuries include failure to monitor fetal distress, delayed decisions to perform a C-section, improper use of forceps or vacuum extractors, and medication errors during labor. Some of the most common birth injuries include cerebral palsy, a congenital disorder of movement, muscle tone, or posture that may develop when medical staff mismanage the umbilical cord or placenta during delivery. Brachial plexus injuries involve five nerves running along the neck, chest, and armpit that control the shoulders, arms, and hands. During delivery, if the brachial plexus nerves stretch, pull, or tear, it could result in weakness and, in some cases, lead to immobility.
Hypoxic Ischemic Encephalopathy (HIE) typically refers to brain dysfunction due to a lack of blood flow or oxygen. HIE may lead to developmental delays, cerebral palsy, epilepsy, or other cognitive injuries. These are life-altering conditions that require years of therapy, medical care, and support. Families near Streamwood often travel to hospitals along the Route 19 and I-90 corridor for delivery, and when something goes wrong at one of those facilities, the consequences follow them home.
According to the CDC, cerebral palsy is the most common motor disability in childhood. About 1 in 345 children in the United States have CP. That number represents real families dealing with real struggles every day.
Illinois Law and Birth Injury Claims
Illinois has specific laws that govern how and when birth injury claims must be filed. Understanding these rules is critical, because missing a deadline can permanently bar your right to recover compensation. The primary statute governing these claims is the Chicago personal injury lawyer framework built under the Illinois Code of Civil Procedure.
Under 735 ILCS 5/13-212(a), most medical malpractice claims by adults must be filed within two years of the date the injury was discovered or reasonably should have been discovered, with a hard outer limit of four years from the date of the negligent act. Under Illinois law, most medical malpractice claims must be filed within two years of the date the patient knew or reasonably should have known about the injury and that it may have been caused by a healthcare provider’s negligent act or omission. This is known as the discovery rule, and it protects patients who don’t immediately realize they’ve been harmed.
For children, the rules are different. For an injury to a minor child, Illinois gives you eight years from the date of the injury, or until the child’s 22nd birthday, whichever ends sooner, to file a medical malpractice lawsuit under 735 ILCS 5/13-212(b). This is one of the few places where Illinois law gives an injured child substantially more time than it gives an injured adult. However, the parents’ own claims, such as a mother’s personal injury claim for her own trauma during delivery, are still governed by the two-year adult deadline.
Illinois also requires that before a medical malpractice lawsuit can be filed, the plaintiff must submit a written affidavit confirming that a qualified healthcare professional reviewed the case and found reasonable cause to proceed. Illinois law under 735 ILCS 5/2-622 requires plaintiffs to file an affidavit with the complaint, certifying that a qualified health professional reviewed the case and determined there is reasonable and meritorious cause for the action. This requirement means that gathering evidence and working with medical experts early in the process is essential. Waiting too long can make that process far harder.
Illinois currently has no statutory cap on non-economic damages in medical malpractice cases. The Illinois Supreme Court struck down the state’s medical malpractice damages cap in Lebron v. Gottlieb Memorial Hospital. There is currently no statutory limit on non-economic damages in Illinois medical malpractice cases, including birth injury claims. That means families may pursue full compensation for pain, suffering, and the long-term impact of the injury.
Common Birth Injuries Linked to Medical Negligence
Not every difficult birth results in a malpractice claim. But when a medical provider fails to meet the accepted standard of care, and a child is harmed as a result, the law holds that provider accountable. Several types of birth injuries are commonly connected to provider negligence.
Cerebral palsy is among the most serious. An estimated 70% of cerebral palsy cases result from birth injury, with roughly 1 in 345 U.S. children diagnosed with the condition, per the Centers for Disease Control and Prevention (CDC). Cerebral palsy can affect a child’s ability to move, communicate, and learn, often requiring lifelong care and therapy.
Brachial plexus injuries, including Erb’s Palsy, happen when nerves controlling the arm are stretched or torn during delivery. Most brachial plexus injuries occur during the birthing process as a result of a condition called shoulder dystocia. With shoulder dystocia, an infant’s shoulder gets stuck against the mother’s pubic bone. Improper handling of this complication by medical staff can cause permanent nerve damage.
Spinal cord injuries are another serious outcome tied to negligence. Spinal cord injuries in newborns are frequently caused by medical malpractice, such as using overly aggressive physical maneuvers to facilitate the birth, pulling or twisting the baby to hasten birth in the face of complications, or applying excessive force on the child’s spinal cord during delivery, such as when tools are used improperly.
Head trauma is also a documented risk. Trauma to a newborn’s head during the birthing process can occur outside the skull (extracranial) or within the skull (intracranial). The physical damage can range from mild bruising and swelling to brain bleeds and intracranial fractures. Even relatively mild head trauma can prove serious.
Some injuries are not immediately visible. Developmental delays, motor problems, and cognitive issues may not become apparent until a child is months or even years old. In some cases, even detecting a birth injury may be difficult, as some injuries may not be obvious for months or even years after birth. Families in Streamwood who notice something is wrong during early childhood should not assume the window for legal action has closed without speaking to an attorney first.
What Compensation Can Streamwood Families Recover?
A successful birth injury claim in Illinois can recover several categories of damages. These are meant to address both the financial and personal toll the injury places on the child and the family.
Economic damages cover the measurable costs of the injury. These include past and future medical expenses, the cost of surgeries, physical therapy, occupational therapy, speech therapy, assistive devices, home modifications, and long-term care. Children with birth injuries generate medical costs ten times higher than unaffected children, with out-of-pocket expenses not captured in standard cost calculations. Rehabilitation expenses include hundreds of dollars per physical therapy session with multiple weekly sessions required, plus ongoing costs for speech therapy, occupational therapy, medical equipment, wheelchairs, assistive devices, and home modifications. These costs add up fast and can stretch across an entire lifetime.
Non-economic damages address the pain, suffering, emotional distress, and loss of quality of life that come with a serious birth injury. Illinois law allows families to pursue these damages without a statutory cap, which matters enormously in cases involving permanent disability. Under 735 ILCS 5/2-1116, the modified comparative fault rule applies in Illinois. A plaintiff can recover damages as long as their own fault does not exceed 50% of the cause of the injury. In birth injury cases, the parents or child are rarely, if ever, at fault.
If a birth injury results in a child’s death, Illinois families may also bring a wrongful death claim. Under the Illinois Wrongful Death Act, 740 ILCS 180, the person or company whose wrongful act or neglect caused the death can be held liable for damages, even though the death occurred. This includes compensation for the grief, sorrow, and loss of companionship suffered by the family.
Lost future earnings are also recoverable. A child whose birth injury causes permanent cognitive or physical limitations may never be able to work or earn a living. Illinois courts allow families to present evidence of what the child’s earning potential would have been, and to seek compensation for that loss. The Cook County Circuit Court and the DuPage County Circuit Court, both accessible to Streamwood residents, have handled significant birth injury cases over the years.
Why Filing Deadlines Matter and Why You Should Act Now
Even though Illinois gives injured children more time than adults to file a birth injury claim, waiting is never a good idea. Evidence disappears. Medical records become harder to obtain. Witnesses move on. The doctors and nurses involved may leave a hospital or practice. Every month that passes makes it harder to build a strong case.
In cases involving birth injuries, developmental delays, or long-term disabilities, it is crucial to act early because evidence can be lost and expert evaluations often take time. Early investigation strengthens your ability to prove negligence and damages.
Parents also need to remember that their own claims run on a much shorter clock. The claims of parents in Illinois medical malpractice cases involving birth injuries are subject to a two-year statute of limitations. This means that all birth injury claims by the parents of the injured child in Illinois must be filed within two years of the date that the claim accrues, or they will be legally barred and the plaintiff will lose their right to file suit.
Illinois follows the discovery rule, which means the clock generally starts when you knew or should have known that the injury may have been caused by malpractice. Illinois follows the discovery rule, which means that the two-year statute of limitations period begins to run when the plaintiff first knew or should have known that they had an injury that was possibly caused by malpractice. In birth injury cases, the claim generally accrues when the baby is diagnosed with a birth injury. This usually happens either in the first week or two after birth, or within the first year.
For Streamwood families, reaching out to Briskman Briskman & Greenberg as soon as possible gives our team the time to gather records, identify the right medical experts, and build the strongest possible case. We handle birth injury cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for your family. You can reach us at (312) 222-0010 for a free consultation. There is no obligation, and speaking with us does not create a lawyer-client relationship. Our office serves families throughout the Chicago metropolitan area, including the northwest suburbs along I-90 where Streamwood is located.
FAQs About Streamwood Birth Injury Lawyer
How do I know if my child’s birth injury was caused by medical malpractice?
Not every birth injury is the result of malpractice. Some complications occur despite proper medical care. However, if a doctor or nurse failed to monitor fetal distress, delayed a necessary C-section, used delivery tools incorrectly, or made a medication error, those actions may fall below the accepted standard of care. The best way to find out is to have your child’s medical records reviewed by a qualified medical professional and an experienced birth injury attorney. At Briskman Briskman & Greenberg, we can help connect you with the right resources to evaluate your case. Call us at (312) 222-0010 for a free consultation.
How long do I have to file a birth injury lawsuit in Illinois?
Under 735 ILCS 5/13-212(b), a child’s birth injury claim must be filed within eight years of the negligent act, but no later than the child’s 22nd birthday. The parents’ own claims are governed by a shorter two-year deadline under 735 ILCS 5/13-212(a), starting from when they knew or should have known of the injury. Because these deadlines can overlap and interact in complicated ways, speaking with an attorney as early as possible is strongly recommended.
What types of compensation can my family recover in a birth injury case?
Illinois families may recover economic damages, including past and future medical bills, therapy costs, assistive devices, home modifications, and lost future earning capacity for the child. Non-economic damages, such as pain, suffering, and emotional distress, are also available. Illinois currently has no cap on non-economic damages in medical malpractice cases. If the birth injury caused a child’s death, families may also bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180, for the loss of companionship and grief suffered by surviving family members.
Does Illinois require anything special before I can file a birth injury lawsuit?
Yes. Under 735 ILCS 5/2-622, Illinois requires that before a medical malpractice complaint is filed, the plaintiff must attach a written affidavit confirming that a qualified healthcare professional reviewed the case and found reasonable and meritorious cause to proceed. The reviewing professional must be qualified in the relevant medical specialty. This requirement makes it essential to work with an attorney early in the process, so that the right experts can be identified and the affidavit can be prepared properly before the filing deadline.
Can I afford to hire a birth injury lawyer in Streamwood?
At Briskman Briskman & Greenberg, we handle birth injury cases on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for your family. You will not be asked to pay anything upfront to start your case. We encourage any Streamwood family with questions about a possible birth injury claim to call us at (312) 222-0010 for a free, no-obligation consultation. Viewing this page or contacting us does not create a lawyer-client relationship.
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