Chicago Birth Injury Lawyers
Last updated on October 27, 2025
Childbirth should be a joyful and hopeful moment, but it also carries risks for both mother and baby. When medical providers fail to act with proper care, complications during pregnancy, labor or delivery can lead to devastating and preventable injuries. Families who trusted their doctors are often left facing difficult questions, mounting medical bills and an uncertain future.
Birth injuries can range from minor to life-altering. Some heal on their own within months, while others cause permanent disabilities that affect a child for life. Many injuries happen during delivery as the baby moves through the birth canal. Others occur when a doctor fails to properly recognize or respond to complications during pregnancy or labor.
Fighting For Justice In Chicago Birth Injury Cases
Was your newborn injured during labor and delivery? Steinberg, Goodman & Kalish offers skilled and compassionate representation for parents whose children have suffered birth injuries such as brachial plexus damage, cerebral palsy, seizures and brain trauma.
Our attorneys fight to secure fair compensation and justice for your child. We understand the many errors that can happen during labor and delivery and hold negligent health care providers accountable when their mistakes cause harm.
Steinberg, Goodman & Kalish in Chicago, Illinois, has obtained record-setting and multimillion-dollar verdicts and settlements on behalf of injured clients.
Understanding Birth Injuries
When parents welcome a new baby, the last thing they expect is harm during delivery. Most births are safe, but complications can and do occur. In fact, about five out of every 1,000 babies born in the United States experience some form of birth injury.
Birth injuries may be as minor as temporary bruising or as serious as conditions like cerebral palsy. If your child suffered harm during delivery, our attorneys can explain your legal options and guide you through the process. An experienced birth injury lawyer can help you understand your rights and pursue the support your family needs.
Some types of birth injuries include:
- Brachial plexus injuries (Erb’s palsy and Klumpke’s palsy): Nerve damage from stretching or tearing of the nerves that control movement in the arms, hands and fingers.
- Cerebral palsy: A lifelong disorder affecting muscle control and movement, typically linked to oxygen deprivation during labor or delivery.
- Hypoxic-ischemic encephalopathy (HIE): Brain injury caused by a lack of oxygen or reduced blood flow during birth.
- Birth asphyxia: Oxygen deprivation that can result in permanent brain damage or developmental delays.
- Fractures: Broken collarbone, skull or other bones due to difficult delivery or improper use of forceps or vacuums.
- Facial paralysis: Nerve injury from excessive pressure or improper instrument use during delivery.
- Forceps or vacuum extractor injuries: Cuts, bruises or skull injuries from the improper use of delivery tools.
- Spinal cord injuries: Trauma during delivery that can cause partial or total paralysis.
- Cephalohematoma/caput succedaneum: Swelling or blood accumulation on the scalp, usually caused by birth trauma.
- Shoulder dystocia: When a baby’s shoulder becomes stuck during delivery, often leading to nerve damage, fractures or oxygen deprivation.
- Subconjunctival hemorrhage: Broken blood vessels in the eye, which usually clear on their own but may indicate trauma.
- Maternal birth injuries: Serious injuries to the mother, including uterine rupture, hemorrhaging or complications requiring hysterectomy.
Our team of plaintiff injury claim attorneys is well-equipped to give you and your family the support and advocacy you need. With nearly a century of experience, our firm is one of the longest-standing injury law practices in Illinois. We understand the difference between complications that no medical professional can prevent and injuries that occur because of negligence. Hence, we fight to hold providers accountable when their mistakes cause harm.
Who Can Be Held Liable In A Birth Injury Case?
Several different parties may be responsible for a birth injury, depending on what happened during pregnancy, labor or delivery. Potentially liable parties include:
- Doctors or delivery teams: A physician who failed to follow the accepted standard of care during labor and delivery.
- Hospitals: The facility itself may be responsible for unsafe policies, inadequate staffing or poor oversight.
- Nurses and support staff: Nurses, interns, residents, technicians or nursing aides who provided negligent care.
- Private medical practices: If the delivering doctor worked as part of a private practice, the practice may also be held accountable.
- Pharmaceutical companies: If a medication prescribed during pregnancy was taken as directed but caused injury or birth defects, the manufacturer may face liability in a product liability claim.
An experienced birth injury attorney can review the facts, identify all possible defendants and hold each responsible party accountable.
How To Prove A Birth Injury Case
Every medical procedure carries some risk, but there is a clear difference between unavoidable complications and preventable mistakes. Birth injuries often happen when a doctor or nurse fails to follow proper procedures or ignores warning signs of maternal or fetal distress during labor and delivery.
Proving that negligence directly caused your child’s injury is complex. It often requires:
- Medical expertise: Understanding the correct procedures and whether they were followed.
- Thorough investigation: Reviewing records and testimony to identify where mistakes occurred.
- Knowledge of the injury: Connecting symptoms and outcomes to the provider’s actions or omissions.
- Legal skill: Building a strong claim, presenting it effectively and pursuing compensation for both immediate and long-term needs.
Birth injuries are not the same as birth defects. A birth injury happens during labor or delivery when something goes wrong, such as a breech position, a baby that is too large for the birth canal or other complications. Birth defects, on the other hand, develop before or during pregnancy and are often linked to genetic conditions, prenatal exposures or certain medications.
In order to prevail in a birth injury case, the plaintiff has the burden to prove:
- The appropriate standard of care (the type of care and skill provided by the average doctor in the same or similar circumstances)
- The doctor failed to adhere to the established standard of care
- The child suffered a birth injury
- But for the doctor’s failure to adhere to the standard of care, the child would not have been injured
The plaintiff must prove that the birth injury was more likely than not caused by the doctor’s actions or failures during delivery. If even one required element is not established, the case cannot succeed.
Common Defenses To A Birth Injury Claim
There are three common defenses used by physicians who are facing a medical malpractice suit for a birth injury:
- No doctor-patient relationship: To file a malpractice claim, the doctor and patient must have an established relationship. If the doctor did not provide care before an emergency delivery or cesarean section, it may be difficult to prove that this relationship existed. Some states also have Good Samaritan Acts that protect doctors from liability when they provide emergency help.
- No deviation from the standard of care: The plaintiff must show that the doctor strayed from accepted medical standards. In some cases, more than one standard of care may be considered acceptable. If the doctor chose a reasonable approach under the circumstances and an error still occurred, it may not amount to negligence.
- The doctor’s negligence did not cause the injury: Even if the doctor failed to meet the standard of care, they may argue that their actions were not the cause of the child’s injury. The harm could have resulted from the actions of a nurse, a genetic disorder or an injury to the mother during pregnancy.
These defenses show why birth injury cases are complex and strongly contested. Having an experienced trial lawyer on your side can make the difference in overcoming these arguments and protecting your child’s rights.
Types Of Compensation Available In A Birth Injury Case
The child and their parents or guardians may be entitled to damages in a birth injury case. Possible types of compensation include:
- Pain and suffering
- Permanent physical disability
- Lost future wages of the child
- Emotional distress
- Loss of companionship
The damages in a birth injury case depend on the facts of your situation. You may be able to recover costs for medical care, therapy, special equipment and future needs, as well as compensation for pain and suffering. A birth injury attorney can explain what types of recovery may apply to your family.
Contact Us Today
Caring for a child with a birth injury is overwhelming and emotional. Not every injury is the result of malpractice, but many are. If you suspect negligence played a role, reach out to Steinberg, Goodman & Kalish in Chicago for a free consultation.
Our experienced birth injury attorneys will review your case, explain your legal options and guide you toward the best path forward. Call us today at 872-270-3625 or use our online contact form.