Dedicated Chicago Birth Injury Attorneys Fighting For Families

The birth of a child should be a hopeful and joyous occasion. But when a birth injury is discovered, a parent’s joy quickly turns to fear and worry for their child’s future as well as questions about what went wrong and why. If your newborn was injured, our experienced birth injury lawyers at Hofeld and Schaffner are ready to help your family seek answers and accountability. Our firm has helped many families throughout Illinois recover fair compensation through medical malpractice claims.

Our attorneys have more than 100 years of combined legal experience, and they have been recognized for their skills and accomplishments in this area of law. The industry publication “Best Lawyers” named attorney Brian Murphy Lawyer of the Year for medical malpractice. It also ranked our firm as The Best Law Firm in the category of Chicago personal injury. Together, our team of seasoned litigators has recovered several multimillion-dollar settlements and awards for our clients. They will work just as hard for your family.

Does My Child Have A Birth Injury?

The birth of your child was no doubt long-awaited with anticipation and hopes for a happy family life to come. Now you have received the news that your baby has a condition that could permanently detract from their quality of life.

The term birth injury applies to any bodily harm or the stillbirth of a newborn child during the birthing process. Many conditions fall under the umbrella term of birth injury. Some common types of birth injuries include:

• Cerebral palsy
• Traumatic brain injury
• Brachial plexus injury
• Erb’s palsy
• Shoulder dystocia
• Nerve damage
• Kernicterus (brain damage caused by untreated jaundice, allowing for excess bilirubin in the blood)
• Permanent disability

If you suspect that a health care provider or the medical staff’s negligence caused your child’s diagnosis with a disabling condition, you are right to be looking for legal advice from an experienced birth injury attorney. You can rely on us for assistance and support.

How Did This Happen? You Deserve Answers About Your Child’s Birth Injury.

Health care professionals have an obligation to provide a certain standard of medical care. If they fail to do so, their negligence may cause devastating, expensive and lifelong injuries to innocent babies. The first step is a thorough investigation and analysis from medical professionals to determine the cause of your newborn’s birth injury, such as:

• A delayed C-section
• A botched C-section
• An unnecessary C-section
• Fetal distress
• Faulty monitoring for oxygen deprivation during labor or delivery
• Undetected or untreated risk factors such as an oversized fetus, preeclampsia or eclampsia
• Failure to use well-known maneuvers to overcome obstructions in the birth canal

If your medical malpractice team determines that OB-GYN or hospital negligence was a probable cause of your child’s illness or condition, a birth injury claim or medical malpractice lawsuit may bring financial relief to your child and your family. With proper compensation, you may have the resources to pay for necessary medical treatments, medical expenses, therapy and other special needs related to the birth injury.

We’re Aggressive And Results Driven Lawyers Fighting For You

We will let you know how we may go about pursuing compensation from negligent health care providers by:

• Reviewing medical records
• Consulting with medical experts
• Documenting your child’s condition and associated hardships
• Determining whether your medical provider deviated from the expected standard of care

We will help you sort out your baby’s or child’s challenges and your delivery process if you suspect there is a connection between them. We’ll take on your case and leave no stone unturned in the pursuit of a good outcome for you. And our track record in these cases speaks for itself:

• $9,000,000.00 settlement: Labor and delivery negligence by an obstetrician at a university medical center resulted in a seven-minute delay in delivering a child. This delay was crucial and caused brain damage and permanent disability.
• $7,700,000.00 settlement: Labor and delivery negligence in a down state Illinois community hospital by obstetrician and nurses resulted in the delay in delivery of the child, causing brain damage and permanent disability.
• $5,000,000.00 settlement: Labor and delivery negligence by an obstetrician in a university medical center resulted in a delay in the delivery of a child which resulted in permanent cognitive and learning disabilities.

Our law firm is a frequent source of legal counsel for parents in Chicago and beyond who are grappling with their babies’ birth trauma and looking for paths forward.

Frequently Asked Questions About Birth Injuries

At Hofeld and Schaffner, our attorneys understand what a confusing time this is for our clients. Here are some of the questions we hear most often:

How common are birth injuries?

Birth injuries – which are related to trauma and distinct from congenital defects – occur in 1.9 per 1000 live births, as of the most recent studies. It is estimated that around 30,000 babies suffer a birth injury each year in the United States, with 80% classified as moderate to severe.

Sadly, a significant portion of birth injuries prove to be fatal, resulting in approximately 4,000 deaths in the U.S. annually. Those with severe injuries who survive are likely to experience a lifetime of expensive medical care, permanent disability and other hardships. This is one of many reasons why parents need to seek compensation for birth injuries attributed to medical malpractice.

What are the most common types of birth injuries?

There are numerous possible birth injuries, but some of the most common include:

• Brachial plexus injuries that result in conditions like Erb’s Palsy
• Clavicle fractures that can be a result of shoulder dystocia
• Spinal cord injuries caused by excessive force used in delivery
• Meconium aspiration syndrome which can lead to respiratory problems and death
• Facial nerve injuries caused by the use of forceps or prolonged deliveries
• Intracranial hemorrhages, or bleeding within the brain caused by traumatic deliveries
• Brain damage caused by oxygen deprivation, leading to hypoxic-ischemic encephalopathy (HIE), perinatal asphyxia or Cerebral Palsy

The vast majority of birth injuries are preventable and should be evaluated for medical malpractice.

What is Hypoxic-ischemic encephalopathy (HIE)?

Hypoxic-ischemic encephalopathy (HIE) is a critical condition in newborns caused by inadequate oxygen and blood flow to the brain. The deprivation occurs before, during, or shortly after birth. HIE affects about 2 to 3 in every 1,000 full-term infants.

The effects of HIE on a child’s life can differ significantly based on the severity of the condition. Severe cases can result in developmental challenges, issues with motor skills, cerebral palsy or cognitive impairments. These complications can have a profound impact on the child’s quality of life, necessitating continuous medical attention and therapy.

If your child has developed HIE due to medical errors, our attorneys can help you seek compensation to cover medical bills, therapy costs and other related expenses, ensuring that your child receives the necessary care and support throughout their development.

Is cerebral palsy always a result of a birth injury?

No. Cerebral Palsy (CP) can be caused by several different issues that occur before, during or shortly after birth.  However, it is estimated that CP is related to complications during birth in anywhere from 5% to 20% of cases. That is why the possibility of medical malpractice should always be explored.

Can a baby’s skull fracture go unnoticed?

Yes, especially if the fracture is minor. Fractures may not cause immediate symptoms, but can later lead to a misshapen head, abnormal eye movements, listlessness, lethargy, seizures and other symptoms.

What steps should I take after my baby is injured during birth?

If you suspect a birth injury, seek medical attention for your baby immediately. You should also start keeping records. Note the dates and times of medical visits, what the doctors said, your observations and any questions you asked. As soon as practical, seek legal guidance. At Hofeld and Schaffner, our birth injuries can evaluate your situation and help you understand if you have a case.

Learn More From Our Knowledgeable Team

We welcome the opportunity to learn about your child’s challenges after birth and explain how we can help. Schedule a consultation by calling 312-702-1918 or sending an email inquiry.