Birth Injury Claims in Illinois

Name: Stavros Law Offices
Address: 433 N. Milwaukee Ave, Wheeling, IL, 60090, US
Telephone: +1-847-520-4810
Price range: Free consultation

A birth injury may support a medical malpractice claim in Illinois when an injury to a baby or mother during pregnancy, labor, delivery or the newborn period was caused by care that fell below the accepted standard. Many birth complications happen without any negligence, so each case depends on the medical records. For a child who was under 18 when the claim accrued, 735 ILCS 5/13-212(b) provides that a malpractice action against a physician, dentist, registered nurse or hospital may not be brought more than 8 years after the act or omission, and never after the child's 22nd birthday. Other deadlines can apply to other people's claims. Call Stavros Law Offices at (847) 520-4810 for a free consultation.

For a closer look at cerebral palsy, see our page on cerebral palsy and birth injury claims.

General information, not legal advice. Last reviewed: October 2026.

This page is part of our medical malpractice resource. It is written for parents and families trying to understand what a birth injury claim involves. We know this can be a painful subject, and nothing here suggests that any particular outcome was caused by anyone's negligence.

Types of Birth Injuries

Birth injuries can affect the baby or the mother. Examples that are sometimes the subject of malpractice review include:

Brachial plexus injuries, which involve the nerves that run from the neck to the arm and hand, and which include conditions often called Erb's palsy.
Cerebral palsy, a group of conditions that affect movement and muscle control and that can have many different causes, some of which are unrelated to medical care.
Oxygen deprivation injuries, including hypoxic-ischemic encephalopathy, in which the baby's brain does not receive enough oxygen or blood flow around the time of birth.
Fractures and head injuries, such as a broken collarbone or bleeding in or around the brain.
Untreated newborn conditions, such as infection or severe jaundice that was not recognized or treated in time.
Injuries to the mother, such as severe bleeding, uterine rupture, serious tearing, infection, or a pregnancy-related condition like preeclampsia that was missed or not managed.

A diagnosis by itself does not show that a provider did something wrong. The key questions are what caused the injury and whether it could have been avoided with appropriate care.

Possible Causes Reviewed in Malpractice Cases

When records are reviewed, a qualified health professional looks at whether a decision or omission by the care team may have contributed to the harm. Issues that are commonly examined include:

Failure to recognize or respond to signs of fetal distress, including misreading or ignoring fetal heart rate monitoring.
A delay in performing a cesarean delivery when one was called for.
Mismanagement of a delivery in which the baby's shoulder becomes stuck (shoulder dystocia), including the use of excessive force.
Improper use of forceps or vacuum devices.
Failure to identify and manage a high-risk pregnancy, or to treat conditions such as infection, high blood pressure or diabetes during pregnancy.
Inadequate or delayed newborn resuscitation or neonatal care.
Failure to monitor the mother after delivery or to respond to bleeding or infection.

These are categories of questions, not conclusions. Whether any of them applies depends on what the chart shows and on medical opinion.

What Has to Be Proved

A birth injury claim is a medical malpractice claim, so the same basic elements apply. It generally must be shown that:

the defendant owed a duty of care to the mother or baby;
the care fell below the standard of a reasonably careful provider in the same field;
that departure caused the injury, rather than a condition or event that was not preventable; and
the injury produced damages, such as medical expenses, lost earning capacity, and pain and loss of normal life.

Causation is often the central issue in birth injury cases. Because the cause of a baby's injury can be complicated, opinions from more than one kind of medical professional may be needed.

Evidence in a Birth Injury Case

Because so much happens quickly during labor and delivery, the records are especially important. Evidence commonly reviewed includes:

prenatal and obstetric records, including test results and any risk factors that were noted;
the labor and delivery chart, nursing notes and orders, and the delivery summary;
fetal heart rate monitoring strips or electronic monitoring data;
anesthesia records, if anesthesia was used;
newborn, nursery and neonatal intensive care unit records, including resuscitation notes and test results from the baby's first hours;
imaging, evaluations by treating physicians, therapy records and later pediatric records documenting the child's development and needs; and
a timeline of who was involved in the care and when each event occurred.

Request records in writing from each hospital and provider, and keep copies of anything you receive. Do not discard papers, photos or messages related to the pregnancy, delivery or the child's early care. Our page on how a medical malpractice lawsuit works explains the records and review stages.

The Section 2-622 Report

An Illinois malpractice complaint must be accompanied by an affidavit and a written report from a qualified health professional who has reviewed the records and found a reasonable and meritorious cause for filing (735 ILCS 5/2-622). A separate report is required for each defendant, which matters when an obstetrician, nurses, a pediatric provider and a hospital are involved. The report is a procedural requirement, not a promise that a case will succeed.

Deadlines When the Injured Person Is a Child

The general rule for malpractice claims against physicians, dentists, registered nurses and hospitals is two years from when the claimant knew or should have known of the injury, and no more than four years after the act or omission (735 ILCS 5/13-212(a)). For minors, subsection (b) of the same statute provides a different outer limit. If the person was under 18 when the cause of action accrued, the action may not be brought more than 8 years after the act or omission, and in no event after the person's 22nd birthday (735 ILCS 5/13-212(b)).

As a matter of arithmetic from that language, when the act or omission occurs at birth, the eight-year period runs out when the child is about eight years old, well before the 22nd birthday. The 22nd-birthday limit becomes the controlling one only for older minors. Subsection (c) also addresses people under a legal disability other than being under 18, but whether it applies in a particular child's situation is a legal question we do not assume. Waiting is not a good plan, because evidence and memories fade and records can be harder to obtain later.

Keep in mind:

The mother's claim is separate. A mother injured during delivery is an adult, so the general two-year and four-year rules in subsection (a) are the starting point for her own claim.
Government facilities. Different deadlines can apply to claims involving government-owned facilities (for example, 745 ILCS 10/8-101), so identify where the care took place early.
Exceptions. Fraudulent concealment has its own rule (735 ILCS 5/13-215).

Read more on our page about medical malpractice deadlines in Illinois, and have an attorney review the specific dates for your family.

Long-Term Care Needs and Damages

When a child has a lasting injury, the question of future care is a major part of the case. Depending on the child's condition, future needs may include ongoing medical visits, hospital stays or surgeries, medication, physical, occupational and speech therapy, mobility and communication equipment, home or vehicle modifications, educational supports, and attendant or nursing care. A claim may also address the child's reduced ability to work later in life, as well as pain and loss of normal life.

Because each child is different and needs change as a child grows, projecting these costs generally takes medical and financial professionals, such as physicians who treat the child, a life care planner who outlines future needs, and an economist who estimates what they may cost over time. We do not quote averages or ranges here, because figures from other cases say little about any one child. Whether a claim can recover any particular category of damages is a legal question that depends on the case.

Frequently Asked Questions

How long do I have to file a birth injury claim for my child?

For a child under 18 when the claim accrued, 735 ILCS 5/13-212(b) provides that a malpractice action against a physician, dentist, registered nurse or hospital may not be brought more than 8 years after the act or omission, and never after the child's 22nd birthday. Other deadlines may apply to other claims, such as the mother's. Have your dates reviewed promptly.

Is every birth injury the result of malpractice?

No. Many injuries and conditions happen without negligence. A claim generally requires that care fell below the accepted standard and caused the harm, which a qualified health professional must review.

What records matter most in a birth injury case?

The labor and delivery chart, fetal heart rate monitoring data, prenatal records, newborn and neonatal intensive care records, and later records documenting the child's development and needs are commonly reviewed.

Can a claim include a child's long-term care needs?

Future care needs can be part of a claim when supported by medical and financial evidence. Each child's needs are different, and we cannot predict whether or how much could be recovered.

Does it cost anything to talk with Stavros Law Offices about my case?

The initial consultation is free. Call (847) 520-4810 and bring your dates and any records you have.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. Call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged; past results do not guarantee a similar outcome. Laws and deadlines change and every case is different. Last reviewed: October 2026.