BIRTH INJURY FAQ
HOME > BIRTH INJURY > BIRTH INJURY COMPENSATION
AREAS OF PRACTICE > BIRTH INJURY > BIRTH INJURY FAQ
AREAS OF PRACTICE  > BIRTH INJURY > BIRTH INJURY FAQ
AREAS OF PRACTICE > BIRTH INJURY > BIRTH INJURY FAQ

Frequently Asked Questions About Birth Injuries

Below is a list of frequently asked questions we receive about birth injury lawsuits:

How do I know if I have a birth injury claim?
Birth injury claims can be difficult to prove since not all birth injuries are preventable and not all birth injuries are immediately apparent. Our birth injury attorneys can help you determine if you have a claim by evaluating the unique circumstances of your case. We will utilize medical experts to carefully evaluate medical records and seek expert testimony to determine if your doctor met the professional standard of care when delivering your baby. After assessing your case, our birth injury lawyers will be able to advise you on the best course of action for your situation.
Under what types of circumstances is it possible to file a birth injury lawsuit?
You should consider filing a lawsuit if you have any lingering suspicions that you or your child was a victim of a physician’s negligence.
Is a birth defect the same as a birth injury?
A birth defect is not the same as a birth injury. A birth defect is an abnormality that leads to mental or physical disability; it is typically caused by genetic or environmental factors. A birth injury is harm caused to a child or mother before, during or after birth. Medical malpractice may result in both birth defects and birth injuries, although not all defects and injuries are preventable.
How do I know if my child suffered a preventable birth injury?
In most cases, it takes professional expertise to determine if a child suffered from a preventable birth injury. Several warning signs that indicate the possibility of preventable birth injury include:

  • Extended labor or delay in delivery
  • Baby’s position was wrong during delivery
  • Emergency C-Section
  • Baby had a low heart rate during delivery
  • Baby spent time in a neonatal unit

Birth injury cases are very sensitive matters. Even if you experienced one or several of the warning signs listed above, it does not mean that a birth injury was preventable. Our birth injury attorneys are here to help you sort through the details of your child’s birth to put your mind at ease. If a doctor’s negligence was responsible for your child’s injuries, we will help you fight for justice.
Birth Injury Questions — Newborn Baby Laugh in Chicago, IL
How long do I have to file a birth injury lawsuit?
In general, you have two years from the date the birth injury occurred to file a lawsuit. If a birth injury is not immediately apparent, you have two years from the date you discovered (or reasonably should have discovered) the birth injury to file a claim. Since birth injuries affect minors, the statute of limitations may be extended to eight years. And if the birth injury resulted in permanent disability, you may have an indefinite amount of time to file a claim. Since there are many nuanced laws surrounding the handling of birth injury claims, it is imperative to seek expert representation from an experienced medical malpractice attorney.

Shapiro, Cohen and Basinger, Ltd. has been helping victims of medical malpractice fight for justice since 1978. In that time, we have obtained record-breaking verdicts for our clients. We are highly selective about the cases we handle so that we can provide the utmost attention and diligence to every client. Contact us today to schedule a free consultation.
Share by: