Birth injuries are tragic, regardless of the cause. However, when they’re caused by medical negligence, it’s almost unfathomable. A medical error can have a lifelong impact on a child, robbing them of their quality of life and can result in costly medical expenses.

If you believe your child has suffered a birth injury due to medical malpractice, contact the Chicago personal injury lawyers with Horwitz, Horwitz & Associates. We have extensive experience in these cases and will help you understand why the injury occurred and will help you obtain maximum compensation for your suffering.

Please call us at (800) 985-1819 or contact us online for a free consultation.

Chicago families have trusted us since 1924. You can trust us, too.

At Horwitz, Horwitz & Associates, our unwavering commitment has always been to represent individuals, never corporate or insurance interests.

Our distinction extends beyond a history of record-setting verdicts and peer acclaim. It lies in the satisfaction of thousands of clients, many of whom turned to us with cases that other firms deemed too difficult.

At Horwitz, Horwitz & Associates, we embrace these challenging cases, prosecute them with skill, and achieve victories, securing millions of dollars for clients denied representation elsewhere. With over $1 billion recovered in verdicts and settlements for families across Illinois, our dedication to justice is evident. We offer free consultations to evaluate the merit of your case, ensuring you receive the representation you deserve.

You owe us nothing unless we win your birth injury case

You won’t pay us out of pocket when you work with a Chicago personal injury lawyer from Horwitz, Horwitz & Associates. Instead, our firm works on a contingency basis, which means that we won’t receive any money unless you win your case. If you do, we receive only a predetermined percentage of your settlement or jury award.

You may hesitate to take legal action because you don’t want to go to court. However, a lot of these cases are settled outside of court. If the defendant refuses to make a fair settlement offer, we’ll be ready to take your case to trial and win.

Horwitz, Horwitz & Associates has decades of experience handling all types of birth injury cases

Brain damage

There are many reasons a baby can suffer from brain damage during birth, including asphyxia or physical trauma due to the improper use of medical devices or delayed medical care and attention.

Cerebral palsy

Cerebral palsy is one of the most common birth injuries often caused by medical negligence. This disorder makes it very difficult to control muscle movement and can cause problems with speech, hearing, vision, and cognition. Cerebral palsy may require lifetime medical treatment and physical therapy.

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Brachial plexus injuries

The use of forceps is closely associated with injuries to the brachial plexus, a group of nerves near the bottom of the neck that play a critical role in helping the arms, hands, and shoulders work properly. If damaged, the affected child may have problems using those limbs for their entire life.

Umbilical cord compression

The umbilical cord serves as a child’s lifeline while the fetus is in the womb, providing blood, oxygen, and nutrients. If the cord becomes compressed during pregnancy or delivery, that supply is cut off, putting the baby at risk for severe brain damage or even death.

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Hypoxic ischemic encephalopathy

HIE is a disorder caused by a lack of oxygen to the brain which can occur during pregnancy, during labor and delivery, or after birth. Medical negligence can play a role in the development of HIE. For example, when a doctor fails to notice that the mother’s blood pressure is too low or doesn’t see that there’s some sort of issue with the umbilical cord.

Shoulder dystocia

A baby’s shoulder can sometimes become lodged behind the mother’s pubic bone. This is known as shoulder dystocia, and if a medical professional fails to react appropriately to this emergency, the child’s clavicle or collarbone could be broken. Applying too much force to the baby’s shoulder could lead to serious damage.


Other types of fractures can occur in a newborn as well. The humerus, the long bone in the arm’s upper portion, can be broken when doctors try to rush a delivery. A broken thigh bone, or femur, can occur in a difficult delivery. Broken bones can often be avoided by ordering a C-section promptly. The improper use of forceps and vacuum extractors can also lead to skull fractures.

We’ll work to recover maximum compensation in your birth injury case

The parents of a child who has suffered a birth injury may be able to file a medical malpractice lawsuit against those responsible for their child’s suffering. In such instances, they may be able to obtain compensation to cover the following:

  • All medical costs, including surgeries, time spent in the hospital, tests, x-rays, labwork, doctor’s visits, prescriptions, physical therapy, and other medical expenses, including those needed in the future.
  • Children with severe birth injuries might need mobility aids, such as wheelchairs or walkers, or they might require special accommodations to their homes so they can move around, such as adding ramps, chair lifts, or widening doorways to facilitate the mobility aids.
  • Children may go through a great deal of emotional and mental anguish, as well as pain and suffering. They may be unable to make a living due to an inability to work. A medical malpractice lawsuit could provide compensation for these damages, too.

Our Chicago birth injury lawyers will make sure to file your claim on time

In Illinois, the statute of limitations, or deadline to file a claim, is typically eight years from the date of the birth injury. However, there are sometimes exceptions to this eight-year rule.

For example, suppose the child suffers a severe disability due to the birth injury. In that case, the statute of limitations may extend to their 22nd birthday because some injuries may not be apparent until long after birth.

Although this statute of limitations is longer than in other personal injury claims, you should speak with an attorney as soon as possible because proving medical negligence can be an extremely complex undertaking requiring significant evidence. Gathering that evidence and proving negligence can be a very time-consuming process.

The earlier you speak with a Chicago personal injury lawyer at Horwitz, Horwitz & Associates, the sooner we can begin working on your behalf and your child.

The Chicago birth injury lawyers at Horwitz, Horwitz & Associates are here for you every step of the way

The Chicago birth injury lawyers with Horwitz, Horwitz & Associates are ready to provide the expert legal representation you need. We’ve recovered more than $1 billion in settlements and verdicts on behalf of our clients and have won many cases for clients whose cases were viewed as “lost causes” by attorneys who wouldn’t represent them.

Our team is standing by to explain how we may be able to help. Call (800) 985-1819 or use our online contact form for a free case evaluation.

We answer common questions about birth injuries in Chicago

What should I do if myself or my baby is injured?

The first thing you should do if your baby is injured during birth is to make sure that your baby receives any necessary medical treatment. In Chicago, you may consider visiting the UI Child & Youth Center or Children’s Healthcare Associates with additional offices in Northbrook.

After your child is stable, call a Chicago personal injury lawyer as soon as you can, even if you are unsure if you need legal help–during your consultation, we’ll help you determine if you have a viable malpractice action.

It’s also important to keep all documentation related to your child’s birth, including their injuries and the costs associated with the birth injury, such as bills, receipts, and prescriptions.

Write down everything you can remember, including any conversations with medical personnel. If someone was in the delivery room taking photos or videos, make sure you have a copy of them and that no one deletes them.

What are the most common causes of birth injuries?

There are many cases where a birth injury occurs due to a mistake made by a doctor, nurse, or another medical professional. These mistakes can happen before birth, during delivery, or after the child is born. Here are a few common examples of those mistakes:

  • Failure to diagnose a maternal or fetal condition
  • Delayed C-section – If either the child or mother is harmed because the doctor fails to order a C-section for any reason, including because the hospital refuses the procedure due to insurance concerns or because the doctor missed signs of complications due to a lack of proper prenatal monitoring, the doctor could be held liable for medical negligence.
  • Improper use of vacuum or forceps
  • Inadequate fetal heart rate monitoring
  • Oxygen deprivation (asphyxia) – When a child’s flow of oxygen is interrupted, it can result in permanent brain damage and possibly organ damage, such as to the lungs and kidneys. Failure to timely identify an infection or a problem with the umbilical cord can contribute to asphyxia.