Overview of Birth Injury Cases in Illinois

Table of Contents

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Birth Injury Frequency/Data

Every year, numerous families in Illinois are affected by birth injuries. While many births occur without complications, there are unfortunate instances where negligence or medical malpractice result in injuries. It’s crucial for families to be aware of the facts and figures associated with birth injuries.

Key Statistics:

  • Approximately 7 out of every 1,000 births in Illinois result in some form of birth injury.
  • 80% of birth injuries are deemed preventable with adequate medical care.
  • The most common injuries include brachial plexus injuries, cephalohematoma, and caput succedaneum.

Damages Available in Illinois for Birth Injury Cases

In Illinois, when it comes to birth injury cases, families can seek several types of damages. The state law provides avenues for compensation to ensure that affected families can cope with the challenges posed by these injuries.

Types of Damages:

  • Medical Expenses: Cost of treatment, surgeries, medications, and long-term care.
  • Pain and Suffering: Compensation for physical pain and emotional trauma.
  • Loss of Consortium: Damages for the harm done to the familial relationship.
  • Future Earnings: Lost potential earnings due to the injury.

Birth Injuries vs. Birth Defects

It’s essential to differentiate between birth injuries and birth defects. While defects are conditions that develop during pregnancy, injuries often result from complications during the delivery process, many times due to negligence.

Common Causes:

  • Inadequate monitoring during delivery.
  • Improper use of delivery instruments.
  • Failure to order a timely cesarean section.
  • Neglecting to identify and treat infections.

What to Do if You Have a Potential Birth Injury Case

If you suspect that your child has suffered a birth injury due to medical negligence, it’s crucial to act promptly. Here’s a step-by-step guide:

  1. Medical Assessment: Ensure your child gets a complete medical evaluation.
  2. Documentation: Keep a record of all medical reports, expenses, and related documents.
  3. Contact a Lawyer: Seek legal advice. Injured In Illinois can provide clients with the help they need.
  4. Gather Witnesses: Document statements from healthcare providers present during the birth.

Illinois Statute of Limitations for Birth Injury Cases

In Illinois, families have a specific time frame within which they can file a lawsuit for birth injuries. This period, known as the statute of limitations, is crucial to observe.

Generally, birth injury claims must be filed within eight years of the child’s birth. However, no claims can be brought after the child’s 22nd birthday.


Birth injuries can bring about significant emotional and financial challenges. Families in Illinois need to be equipped with the right knowledge and resources to navigate these complex situations. Injured In Illinois is committed to providing clients with the help they need to ensure justice is served.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized legal advice regarding your birth injury case, please consult with a qualified attorney.

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