Can I Sue My Doctor for a Birth Injury in Illinois?

 Posted on May 08, 2025 in Medical Malpractice

Suing a healthcare professional for a birth injury falls under the umbrella of medical malpractice, and in Illinois, you have the right to file a lawsuit against a doctor if their negligent care resulted in injury to you or your baby. However, medical malpractice cases are generally more challenging to prove than other personal injury cases, mainly because of the complexity of medical care and the heavy burden of proof. Going at it alone would be daunting for anyone, but an experienced Chicago, IL medical malpractice attorney will investigate the circumstances of your case to offer you a clear understanding of how the laws apply.

Your Legal Right To Sue for Medical Malpractice Following a Birth Injury in Illinois

In Illinois, you have the right to sue a healthcare professional or even a facility if their negligence resulted in an injury to you or your baby before, during, or after birth. As the plaintiff in the case, you are responsible for proving that their treatment violated the duty of care they owed you and that the violation resulted in your injuries and damages. An experienced attorney can help, but you have to act fast. According to Illinois law, you only have two years from the date of injury to file the lawsuit.

Common Examples of Birth Injuries Caused by Medical Negligence in Illinois

Many birth injuries can happen as a direct result of medical negligence. Some common examples that result in medical malpractice lawsuits include:

• Cerebral palsy: Comes in different forms and is caused by injury to the brain before, during, or immediately after delivery

• Intraventricular hemorrhage: Bleeding in the fluid-filled areas of the brain

• Stillbirth: Occurs when the baby dies while still in the womb

• Newborn hematoma: Trauma that affects the baby’s head

• Kernicterus: A form of brain damage that can occur in babies with severe jaundice after birth

• Periventricular leukomalacia: Damage to white matter in the brain during birth that can cause issues with motor function, vision, and more

Most of these injuries relate to the child, but birth injuries can harm the mother as well. The results can be as severe as death.

Actions That Can Lead to Injury During Delivery and After Birth

Medical negligence during childbirth often comes in the form of failing to perform a necessary procedure or failing to monitor the mother or baby properly. For example, not providing a medically necessary C-section can have dangerous implications for the mother and baby.

In the immediate aftermath of birth, healthcare staff have a duty to administer thorough care to the patients. Failing to monitor vital signs or diagnose obvious conditions that can significantly harm the mother or baby would make the healthcare professionals on duty liable for injuries that result from their negligence.

Contact Our Chicago, IL Medical Malpractice Attorneys for a Free Consultation

Birth injuries can have devastating, life-long effects on the baby and parents. At Winters Salzetta O'Brien & Richardson, LLC, we understand that there is nothing the Illinois civil court can do to restore what you lost, but it can offer a route to compensation that will help lessen the financial burden. Our Chicago, IL medical malpractice lawyers will fight to build a strong case with evidence of negligence and damages. Call 312-236-6324 to schedule your free initial consultation today.