Welcoming a child into the world should be joyful for any family. However, when a birth injury happens, that moment can be overshadowed by worry, grief, and uncertainty. Injuries at birth can lead to long-term health complications and emotional strain for families. Worse, these injuries are, in some cases, preventable, and may result from medical negligence.

At Power Rogers, we understand how life-changing these situations can be. Our team is here to help families understand their legal rights and options. In this article, we will explore what birth injuries are, how they happen, the signs parents should watch for, and when to contact a birth injury lawyer to explore potential legal action.

What is a Birth Injury?

A physical injury caused to a newborn during labor and delivery is known as a birth injury. Birth injury severity varies widely and can impact different parts of the baby’s body. It is important to distinguish birth injuries from congenital disabilities. While congenital disabilities typically result from genetic or environmental factors during pregnancy, birth injuries usually happen as the baby is being born.

Some common types of birth injuries include:

Brachial plexus injuries (such as Erb’s Palsy)
Cerebral palsy (linked in some cases to oxygen deprivation)
Skull fractures
Nerve damage
Facial paralysis

How Do Birth Injuries Happen?

Not all birth injuries are avoidable, but some are caused by medical negligence. Medical professionals are responsible for a duty of care that includes making timely decisions, closely monitoring both the mother and the baby, and responding effectively to complications. When that standard is not upheld, it can result in avoidable injuries.

Medical negligence can take many forms in the labor and delivery setting. Some of the more common examples that may lead to birth injury malpractice cases include:

Failure to monitor fetal distress: Ongoing fetal heart rate monitoring is crucial during labor. Signs of distress may indicate that the baby is not receiving enough oxygen. If these signs are ignored or misinterpreted, serious complications, such as brain damage or stillbirth, can occur.
Improper use of delivery instruments: Tools like forceps and vacuum extractors can sometimes be used incorrectly or too forcefully and inadvertently cause skull fractures, nerve injuries, or bleeding within the baby’s brain.
Delayed cesarean section: In situations where labor is not moving forward or fetal distress is evident, an emergency C-section may be necessary. A delay in making this decision can have catastrophic consequences.
Failure to address complications: Conditions such as shoulder dystocia (when a baby’s shoulder becomes stuck behind the mother’s pelvic bone), umbilical cord prolapse, or breech positioning require swift, skillful management. Failure to respond appropriately can lead to oxygen deprivation, nerve damage, or other trauma.
Improper management of high-risk pregnancies: Pregnancies that involve maternal conditions like gestational diabetes, preeclampsia, or hypertension demand heightened vigilance. Inadequate prenatal planning and monitoring can increase the likelihood of complications during delivery.

In addition to medical errors, several known risk factors can contribute to the likelihood of birth injuries. These include:

Prolonged or obstructed labor
Large birth weight (macrosomia)
Premature birth
Multiple births (twins, triplets, etc.)
Previous history of difficult deliveries

Healthcare providers are expected to recognize these risks early and prepare for safe delivery by coordinating with specialists, planning emergency procedures, and providing individualized care.

When medical professionals fail to meet these expectations and an injury occurs, families may have grounds to file a birth injury malpractice claim. The key consideration is whether the harm could have been avoided had the provider followed accepted medical standards.

Common Signs and Symptoms of Birth Injury To Watch Out For

Recognizing a birth injury is not always straightforward. While some signs are visible right after delivery, others develop slowly, revealing themselves over time as a child grows and begins to interact with the world around them. These signs can vary based on the nature of the injury, but there are a few indicators parents should be mindful of as they observe their child’s early development.

For instance, if your baby feels unusually limp when held or has noticeably weak muscle tone, it could point to a neurological or muscular concern. On the other end of the spectrum, stiff or rigid limbs might suggest abnormal muscle function. Seizures—especially within the first few days of life—are another red flag that something deeper may be going on neurologically.

Other symptoms to pay attention to include:

Persistent difficulty with feeding, including trouble latching or swallowing
Limited or no movement in one arm or leg, which could suggest nerve damage or muscular injury
Delayed physical milestones, such as sitting up, crawling, or holding the head up without support
Labored or irregular breathing
Excessive irritability or inconsolable crying, especially when being picked up or touched

Sometimes, these signs are subtle at first but become more apparent as your child progresses through infancy and toddlerhood. Trusting your instincts as a parent matters. If something feels off, it is worth having your child evaluated by a healthcare provider.

If you notice these symptoms, you should speak with a birth injury lawyer to discuss your options. At Power Rogers, we can help you understand your legal rights and determine if filing a birth injury lawsuit is an appropriate course of action for your family.

What is the Process For Filing a Birth Injury Claim in Chicago?

Filing and moving forward with a birth injury claim is a complicated but necessary process for families seeking justice and financial support. At Power Rogers, we are committed to making this process as manageable and transparent as possible. Here is an overview of what the process typically involves:

Initial Consultation: A confidential consultation with a Chicago birth injury lawyer sets the stage for you to share your experience, ask questions, and determine whether you have grounds for a claim.
Investigation and Case Evaluation: Your attorney will begin collecting evidence to support your claim. This may include medical records, expert opinions, witness statements, and hospital protocols.
Determining Liability and Damages: In birth injury malpractice cases, it must be shown that the medical provider’s negligence directly caused the injury. Your legal team will calculate damages, including medical expenses, future care needs, and pain and suffering.
Filing the Birth Injury Lawsuit: Once the case is put together, your attorney will file a lawsuit on your behalf. This initiates the legal proceedings and begins the timeline for a response from the opposing party.
Settlement or Trial: Many birth injury lawsuit settlements occur out of court. However, the case may proceed to trial if a fair agreement isn’t reached. Hiring an attorney who is well-versed in bringing birth injury litigation to trial is important.

Each case is unique, and knowledgeable legal guidance protects your family’s rights.

How Long Do You Have to File a Birth Injury Claim in Illinois?

Understanding the birth injury statute of limitations is crucial to preserving your legal rights. In Illinois, you typically have eight years from the date of the injury to file a birth injury lawsuit on behalf of a minor. However, if the injured child is disabled, this time frame may be extended.

Parents or guardians may also have separate claims—for example, for emotional distress or out-of-pocket medical expenses they personally incurred. In these cases, the statute of limitations is usually two years from the date they knew or reasonably should have known about the injury.

Because legal deadlines can vary depending on the specifics of each case, it is wise to speak with a Chicago birth injury lawyer as soon as possible to avoid missing your window to act. Time is a critical factor in gathering evidence and securing a strong case.

Discuss Your Case With a Chicago Birth Injury Lawyer at Power Rogers Today

If your family is coping with a birth injury, know that we understand how challenging this is, and we are here to help you. At Power Rogers, we have a long history of advocating for families affected by preventable medical harm. Our results speak volumes. For instance:

We recovered $23 million for a child who suffered brain damage due to a delayed C-section and failure to treat the mother’s high blood pressure.
We secured $11.5 million for a child with brain damage linked to a mismanaged delivery.
Our firm has obtained over $5 billion in client verdicts and settlements.

If you are ready to explore your legal options or want to understand your rights better, contact us today. Initial consultations are always free and completely confidential. Birth injury claims are about more than financial recovery—they are about accountability, healing, and protecting the future of your child. Let Power Rogers stand by your side and help you confidently move forward.