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Birth Injuries and Legal Claims

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

While birth injuries may be far from the minds of new and expecting parents, it is important to remember that they can and do occur and helpful precautions are available. According to common statistics, birth injuries affect as many as 28,000 newborn babies in the U.S. each year.
In many cases, birth injuries are caused by the negligence of a doctor or other health care provider.

This can include mishandling of the baby at birth or even failure to diagnose or treat an illness which could affect the baby and/or mother. When a birth injury can be directly linked to the negligence of a health care professional, the parents may be eligible to file a birth injury claim and seek compensation, even if the injury is discovered months or years after the baby’s birth.

Common examples of birth injuries include:

  • Brachial palsy
  • Cephalhematoma (hemorrhage between the skull and periosteum of a newborn)
  • Cerebral palsy
  • Erb’s palsy
  • Bruising
  • Broken bones
  • Lacerations
  • Paralysis

Some injuries, such as bruising, can be resolved in quick and painless time frames, while others, such as cerebral palsy and paralysis, can result in permanent disabilities.

Under Illinois law, birth injury claims must be filed within eight (8) years of the child’s injury, and a claim cannot be made after the child’s 22nd birthday. Infant wrongful death claims must be filed within two (2) years of the date of the child’s death. These are considered exceptions to Illinois’s standard statute of limitations for medical malpractice claims, which is two (2) years.

If you or your child was injured during childbirth due to medical negligence, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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