Auto Accident/Premises Liability
Work Injury
Auto Accident/Fatality
Wrongful Death/Society
Auto Accident/Premises Liability
Work Injury
Auto Accident/Fatality
Auto Accident/Premises Liability
Work Injury
Understanding Birth Injury Claims
Birth injuries can change a family’s life in an instant, and pursuing a legal claim often becomes part of securing the care and compensation a child needs. At Get Bier Law, a Chicago-based firm, we represent families by investigating what happened during pregnancy, labor and delivery, and the immediate newborn period. Serving citizens of Westmont and Du Page County, we guide clients through complex medical records, hospital procedures, and the claims process while explaining options in plain language. If you believe a health care provider’s actions contributed to a newborn’s harm, calling 877-417-BIER can start a timely review of your case and preserve important evidence.
Why Addressing Birth Injuries Matters
Pursuing a birth injury claim can provide families with the resources needed to obtain continued medical care, early intervention services, and adaptive equipment that a child may need for years to come. Beyond financial recovery, a claim can document the medical history and causation that help secure school services, rehabilitative care, and insurance support. A well-developed claim can also bring accountability and clarity about what occurred, which many families find important when planning long-term care. Get Bier Law focuses on assembling medical records, working with medical reviewers, and outlining reasonable compensation strategies while clearly communicating options to families serving Westmont and surrounding Du Page communities.
About Get Bier Law and Our Team
Understanding Birth Injury Claims and Process
Need More Information?
Key Terms and Glossary
Birth Asphyxia
Birth asphyxia refers to a condition in which a newborn experiences reduced oxygen supply before, during, or after delivery, potentially leading to brain injury and long-term developmental issues. This condition can result from problems such as cord compression, placental insufficiency, or prolonged labor without timely intervention. In a legal context, investigating birth asphyxia requires detailed review of fetal heart rate tracings, delivery notes, and neonatal assessments to determine timing, severity, and potential preventability. Families often need help understanding how the medical timeline related to oxygen deprivation and what the long-term care and support implications might be for the child.
Cerebral Palsy
Cerebral palsy is a group of movement and posture disorders that arise from injury or abnormal development of the brain, often detected in early childhood. While causes vary and are not always linked to delivery events, cerebral palsy can result from oxygen deprivation, infection, stroke, or other perinatal complications. Legal assessment aims to identify whether a preventable event during pregnancy or delivery contributed to the child’s condition by reviewing maternal and fetal records alongside imaging and neonatal evaluations. Understanding the likely causes of cerebral palsy helps families plan for therapies, schooling adaptations, and equipment that may be needed throughout life.
Shoulder Dystocia
Shoulder dystocia occurs when an infant’s shoulder becomes stuck behind the mother’s pelvic bone during delivery, creating a risk of nerve injury, fractures, or oxygen compromise. Management requires timely and coordinated maneuvers by the delivery team to safely free the shoulder and deliver the baby without injuring the brachial plexus or causing prolonged distress. Reviewing shoulder dystocia cases includes examining labor progress notes, the steps taken during delivery, and how quickly clinicians responded to the complication. For families, documentation of the maneuvers performed and the timing of events is important for understanding both medical and legal options.
Perinatal Negligence
Perinatal negligence refers to substandard medical care provided during the period shortly before, during, and after childbirth that results in harm to the mother or baby. Examples may include delayed recognition of fetal distress, improper drug administration, instrumental delivery errors, or inadequate neonatal resuscitation. Determining negligence involves comparing the care provided with accepted medical practices and showing that departures from those practices caused the injury. Families pursuing a claim generally collect hospital records, consult medical reviewers, and document the child’s ongoing care needs to build a comprehensive picture of harm and recovery requirements.
PRO TIPS
Document All Medical Care
Keep careful records of all prenatal visits, hospital communications, and treatments related to pregnancy and delivery, including dates, times, and who you spoke with. If the hospital provides discharge summaries, neonatal reports, or medication lists, request and retain copies as those documents can be central to understanding what happened and establishing a timeline. Clear documentation also helps medical reviewers and legal counsel assess needs for rehabilitation and future care while demonstrating the sequence of events that may be relevant to a claim.
Preserve Medical Records Quickly
Request copies of the mother’s prenatal records, delivery records, fetal monitoring strips, and the newborn’s charts as soon as possible because some hospitals retain certain materials for limited periods. Preserving records promptly ensures that important evidence such as fetal heart tracings or detailed nursing notes remain available for review. Early collection of records also allows counsel to coordinate with medical reviewers in a timely manner and to advise on any additional documentation that would support a claim or be needed for future care planning.
Seek Prompt Medical Evaluation
Arrange for a thorough medical evaluation of the child with appropriate pediatric and neurological providers to document injuries, therapies, and prognosis. Early assessments help guide immediate treatment decisions and generate objective records that can clarify the nature and extent of the injury. Those medical findings are critical when estimating future care needs and when legal counsel prepares a claim to secure resources that address rehabilitation, adaptive equipment, and educational supports.
Comparing Legal Options for Birth Injuries
When Comprehensive Representation Helps:
Serious Long-Term Injuries
When a child faces life-long medical, therapy, or assistive care needs, a comprehensive approach is often necessary to estimate and pursue appropriate compensation for future costs. These cases typically require coordination with medical reviewers, life-care planners, and vocational or educational specialists to calculate long-term needs accurately. A full representation seeks to assemble the evidence, articulate future care plans, and pursue damages that reflect both present and anticipated expenses to support the child over time.
Complex Liability Questions
Situations involving multiple providers, hospitals, or ambiguous medical records benefit from a comprehensive review to identify all potentially responsible parties. Establishing causation and liability may require detailed timelines, expert medical opinions, and careful analysis of staffing, policies, and procedures. Comprehensive representation helps families explore all available avenues for recovery and ensures evidence is developed and preserved when liability is not immediately clear.
When a Limited Approach May Be Appropriate:
Minor Injuries with Clear Fault
If an injury is relatively minor and the responsible party and fault are clear from hospital documentation, a more limited legal response such as targeted negotiation may resolve the matter efficiently. These cases can sometimes be handled through a concise presentation of records and a settlement demand without prolonged litigation. Families should still ensure medical needs are fully documented so settlements reflect any short-term treatment and recovery expenses.
Straightforward Insurance Claims
When insurance coverage is straightforward and the insurer accepts responsibility early, pursuing a claim focused on immediate costs and bills may be sufficient to cover short-term needs. In such instances, careful documentation of medical bills and receipts can support a prompt resolution. Even with a limited approach, families should confirm that future needs are considered so that settlements account for possible ongoing therapy or follow-up care.
Common Causes of Birth Injuries
Why Choose Get Bier Law
Families turn to Get Bier Law because they want clear communication and thorough handling of sensitive medical matters. As a Chicago-based personal injury firm serving Westmont residents, we focus on obtaining and organizing medical records, consulting appropriate medical reviewers, and explaining possible outcomes in straightforward terms. We prioritize timely steps that preserve evidence and keep families informed about options, costs, and potential timelines. Contacting Get Bier Law at 877-417-BIER lets you begin a confidential review so important decisions about documentation and next steps can be made without delay.
When evaluating legal representation, many families find it vital that their attorney listens, explains the medical and legal processes, and coordinates necessary reviews and care planning on their behalf. Get Bier Law seeks to provide that level of responsiveness while pursuing compensation for medical bills, therapy, assistive devices, and other foreseeable needs. We discuss fee arrangements and initial investigative steps so families understand how a case would proceed and what to expect during the early stages of claims development.
Contact Get Bier Law Today
People Also Search For
birth injury lawyer Westmont
birth injury attorney DuPage County
infant injury claim Illinois
neonatal injury lawyer Chicago
birth asphyxia attorney Westmont
cerebral palsy birth injury claim
medical malpractice birth injury
shoulder dystocia attorney Westmont
Related Services
FAQS
What is considered a birth injury?
A birth injury is any physical or neurological harm that occurs before, during, or shortly after delivery and results in immediate or long-term impairment for the child. Examples include oxygen deprivation, skull or clavicle fractures, brachial plexus injuries from delivery maneuvers, and neurological conditions such as cerebral palsy when linked to perinatal events. Establishing whether an injury qualifies as a birth injury for legal purposes involves medical documentation and professional assessment to confirm the nature and timing of the harm. Families often notice signs such as trouble feeding, abnormal muscle tone, seizures, or developmental delays, which prompt further medical evaluation. A legal review typically begins by collecting prenatal and delivery records, newborn charts, and any imaging or neonatal notes so counsel can assess whether additional medical opinions or testing are necessary to understand causation and plan next steps.
How soon should I contact an attorney after a suspected birth injury?
It is generally advisable to contact an attorney as soon as possible after you suspect a birth injury, because medical records, fetal monitoring strips, and other evidence may be time-sensitive and could be altered or discarded over time. Early contact allows counsel to request and preserve critical documents, consult with medical reviewers promptly, and advise families on immediate steps to document ongoing care and expenses. Prompt action helps ensure that potential claims remain viable and that important evidence is available for review. Even when families are not ready to file a claim immediately, an early consultation can clarify options, timelines, and what records will be most helpful. Get Bier Law can discuss the preservation of records and initial documentation measures while explaining how an evaluation would proceed without pressuring a decision.
What types of compensation can a family seek in a birth injury case?
Compensation in a birth injury case can cover a range of damages tailored to the child’s present and future needs, including past and future medical expenses, therapeutic services, adaptive equipment, home modifications, and attendant care. Additional elements may include reimbursement for parental lost income related to caregiving or medical appointments, as well as compensation for pain and suffering where appropriate. The aim is to assemble a recovery that reflects both the immediate financial burdens and the long-term supports a child will require. Calculating these damages typically involves input from treating providers, rehabilitation planners, and sometimes life-care planners who estimate future needs and costs. That information is then used to pursue settlement or present a case that communicates the child’s needs to insurers or a court if litigation is necessary.
How do you prove a birth injury was caused by medical care?
Proving that a birth injury was caused by medical care generally requires showing that the provider departed from accepted standards of medical practice and that this departure caused the injury. This involves gathering prenatal, labor, delivery, and neonatal records, obtaining independent medical opinions about the standard of care and causation, and creating a timeline that links the medical events to the child’s condition. Careful review of monitoring strips, intervention timing, medication administration, and documentation of fetal or neonatal distress are often central to the analysis. Medical reviewers and treating physicians play a key role in translating clinical information into evidence that can support a claim. The combination of contemporaneous records and independent medical analysis helps establish whether different actions might have prevented or reduced the severity of the injury.
Will I have to go to court for a birth injury claim?
Many birth injury claims are resolved through negotiation and settlement with insurers, and a trial is not always required. Settlements can provide timely access to funds for medical care and supports without the time and expense of litigation. However, complex cases involving significant future needs or disputed liability may proceed to court if a fair resolution cannot be reached through negotiation. Whether a case goes to trial depends on factors such as the strength of the evidence, willingness of insurers to negotiate, and the specific recovery needed for the child. Get Bier Law works with families to pursue the most appropriate path, whether that involves focused settlement efforts or preparing for litigation when necessary to secure adequate compensation.
How long do I have to file a birth injury claim in Illinois?
Filing deadlines for birth injury claims in Illinois can be strict and depend on the type of claim and when the injury was discovered, so it is important to seek a legal review promptly. Some claims have shorter windows for filing, and preservation of evidence early in the process can protect a family’s ability to bring a claim. An initial consultation can clarify the applicable deadlines and what steps should be taken immediately to preserve rights and evidence. Because deadlines vary depending on circumstances, speaking with counsel at Get Bier Law can help families understand timing and avoid missing critical filing periods. Early communication also allows the firm to request records and initiate any needed investigations without delay.
What records are most important for a birth injury evaluation?
The most important records for evaluating a birth injury include the mother’s prenatal records, hospital admission and delivery records, fetal monitoring strips, operative notes for cesarean deliveries, nursing notes, medication administration logs, and the newborn’s medical chart. Imaging studies, laboratory results, and discharge summaries can also be important. These documents create the timeline and factual basis needed to assess whether care met professional standards and to identify any deviations that could have contributed to injury. If records are incomplete or missing, counsel can assist in requesting additional documentation from hospitals, clinics, or practitioners and in reconstructing events through interviews and available evidence. Early requests help ensure that transient materials, like monitoring strips, are preserved for review.
Can I get help paying for my child’s ongoing care while a claim proceeds?
Families sometimes need financial support for ongoing care while a claim is pending, and options may include pursuing interim payments from insurers, negotiating structured settlements, or exploring public benefits and charitable resources. The specific options available depend on the case and the family’s needs, and counsel can advise on strategies for addressing immediate financial pressures while pursuing a longer-term recovery. Early documentation of medical expenses and anticipated needs strengthens the ability to discuss interim measures with insurers or other payers. Get Bier Law can help identify potential sources of support and coordinate with medical providers and insurers to request necessary payments or accommodations during the claims process. Clear records and a documented plan for ongoing care can make discussions with payers more productive and focused on the child’s needs.
Do you work with medical professionals to evaluate cases?
Yes. Assessing a birth injury claim typically requires consultation with medical professionals who can review records and offer opinions on standard of care and causation. These reviewers may include obstetricians, neonatologists, neurologists, and rehabilitation specialists depending on the nature of the injury. Their analyses help translate clinical details into understandable conclusions about whether preventable errors likely contributed to the child’s condition. Working with medical professionals also assists in projecting future treatment needs and costs, which are central to valuing a claim. Get Bier Law coordinates these consultations so families have a clear, professionally supported picture of both medical and legal considerations.
What should I expect during an initial consultation with Get Bier Law?
During an initial consultation with Get Bier Law, you can expect a confidential review of the basic facts surrounding the pregnancy, delivery, and the child’s condition, along with a discussion of any records you may already have. The meeting is an opportunity to ask questions about steps to preserve evidence, possible timelines, and what documentation will be most helpful for a detailed evaluation. There is no obligation to proceed immediately, and the goal is to provide clear guidance about potential next steps. If counsel determines the matter warrants further investigation, the firm will explain how records are obtained and outline the process for consulting medical reviewers. You will also be informed about fee structures and how initial investigative costs and communications will be handled so you can make informed decisions about moving forward.
