Introduction: Protecting Your Newborn’s Rights After a Birth Injury
Bringing a child into the world is supposed to be one of life’s happiest moments, but when complications occur, especially if your newborn suffers an injury at birth, shock and uncertainty can follow. For many families, birth injuries lead to significant emotional and financial challenges. If you suspect your child has suffered an injury during delivery, knowing your next steps can make a world of difference.
As a trusted Chicago Illinois personal injury law firm, Goldberg & Goldberg has helped countless families navigate the complexities of birth injury claims. In this guide, we break down what you need to do immediately, how to protect your child’s health, and why legal support is critical.
What is a Birth Injury?
Birth injuries refer to any damage that occurs to a baby before, during, or immediately after delivery. These injuries can range from mild and temporary to severe and lifelong. Common types include:
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Cerebral palsy
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Brachial plexus injuries
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Fractures (e.g., clavicle)
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Facial paralysis
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Brain bleeds or hypoxic-ischemic encephalopathy (HIE)
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Skull fractures
Not all birth complications are due to negligence, but when medical errors contribute to a preventable injury, families deserve answers and compensation.
Signs Your Child May Have Been Injured at Birth
Recognizing symptoms early can lead to faster diagnosis and treatment. While not all issues are immediately obvious, watch for:
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Weak or absent reflexes
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Abnormal muscle tone
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Lack of responsiveness
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Difficulty feeding or breathing
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Seizures
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Facial asymmetry or inability to move a limb
If you observe any of these, inform your pediatrician or medical team immediately. Early evaluation can make a significant difference in outcomes.
Immediate Steps to Take If You Suspect a Birth Injury
1. Seek Immediate Medical Evaluation
Your child’s health comes first. Whether in the hospital or after discharge, seeking prompt medical care is essential. A newborn exam, imaging tests, or specialist consultations may be necessary.
2. Document Everything
Record:
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Symptoms you’ve observed
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Conversations with medical staff
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Names of caregivers involved
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Treatment plans
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Imaging or lab results
This documentation will be vital if you pursue legal action later.
3. Ask for Medical Records
Medical records provide a timeline of your child’s care and can reveal critical details about the delivery. Request them from your hospital or clinic — this is your legal right.
4. Avoid Signing Anything Without Counsel
Hospitals or insurers may send forms asking you to release information or settle claims. Before signing, consult an experienced birth injury attorney.
5. Track Your Expenses
Birth injuries often lead to unexpected costs — therapies, specialists, adaptive equipment, travel, and time away from work. Keep detailed records of all related expenses.
Why You Should Consider Legal Representation
Navigating Illinois’ legal system while caring for an injured newborn is overwhelming. That’s where Chicago Illinois personal injury law firm Goldberg & Goldberg can help.
We Provide:
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Free case evaluations
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Experience with birth injury claims
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Access to medical experts
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No-fee-unless-you-win representation
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Guidance through insurance negotiations or litigation
Your family deserves justice and compensation for:
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Medical expenses (past and future)
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Pain and suffering
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Long-term care costs
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Lost parental income
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Adaptive care needs
Because children can face lifelong challenges from birth injuries, securing the right legal counsel early can profoundly impact their future.
Understanding Birth Injury Laws in Illinois
Birth injury claims often involve medical malpractice — meaning a healthcare provider failed to meet the standard of care expected.
In Illinois:
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Experts must review your case to confirm malpractice.
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There are specific deadlines (statutes of limitations) for filing claims.
These procedures are complex, and missteps can cost you your right to compensation. An experienced law firm ensures your rights are protected from day one.
Types of Compensation You May Be Entitled To
With the help of Goldberg & Goldberg, families might recover compensation for:
Medical Care
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Hospital bills
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Specialist visits
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Rehabilitation
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Future medical needs
Therapy and Assistive Equipment
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Physical therapy
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Occupational therapy
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Speech therapy
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Wheelchairs, braces, adaptive technology
Pain and Suffering
Compensation for emotional distress and lifelong challenges.
Each case is unique, and compensation will reflect your child’s specific needs and circumstances.
How Goldberg & Goldberg Helps Birth Injury Families in Chicago
At Chicago Illinois personal injury law firm Goldberg & Goldberg, we provide compassionate legal support with a deep understanding of medical malpractice and birth injury law. Our approach includes:
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Thorough investigation: We collect medical records and consult leading experts.
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Clear communication: You will always know your options, timelines, and legal strategy.
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Relentless advocacy: Against insurers and healthcare defense teams.
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Personalized support: Every family is treated with dignity and respect.
We know that your priority is your child — our priority is to secure the justice and compensation you deserve.
Frequently Asked Questions (FAQs)
Q: What causes birth injuries?
A: Birth injuries can stem from prolonged labor, oxygen deprivation, improper use of delivery tools, or misdiagnosis of maternal conditions.
Q: How soon should I contact a lawyer?
A: As early as possible. Early legal involvement helps preserve evidence and ensure deadlines are met.
Q: What if the doctor says the injury was unavoidable?
A: Not all adverse outcomes are malpractice. A trained attorney can determine if standard care was breached.
Q: Will a lawsuit affect my relationship with my medical provider?
A: Possibly, but your child’s rights and health must come first. Legal counsel aims to resolve matters fairly.
Q: How long does a birth injury case take?
A: Complex cases take longer. Some resolve in months; others in years, depending on severity and negotiations.
Q: What if my child has long-term disabilities?
A: Compensation can include future medical care and lifelong support, determined with expert testimony.
Final Thoughts: Act Sooner Rather Than Later
If you suspect your child has suffered a birth injury, your instincts matter. Seek medical care, document everything, and consult an experienced attorney who fights for families like yours.
At the Chicago Illinois personal injury law firm Goldberg & Goldberg, we’re here to guide you every step of the way. Birth injuries can change lives — but with the right support, you don’t have to navigate this journey alone.
📞 Contact Goldberg & Goldberg today for a free consultation and learn what to do next to protect your child’s future.