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Birth Injuries


Birth injuries can occur for a variety of reasons, but when these devastating injuries occur due to mistakes and negligence made by the healthcare professionals tasked with providing you and your child medical care, you have the legal right to receive compensation for the damages your child sustained.

If your child has been injured in an accident, contact Mike Agruss Law 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, Mike Agruss Law 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. 

Determining Negligence

If you suspect that your child’s birth injury was the result of medical malpractice, as the plaintiff you will be burdened with proving that the medical professional(s) acted negligently. To prove negligence, you will need to establish the following:

  • A relationship was established between the doctor/medical professional and the patient;
  • The doctor/medical professional owed a duty of care to you and your child;
  • The doctor/medical professional breached the duty of care;
  • The breach was the cause of the injury to you or your child;
  • The conduct of the doctor/medical professional caused some type of physical or emotional harm that compensable.

Proving birth injury negligence may be more difficult than other types of personal injury cases, but it is not impossible. An experienced personal injury lawyers will gather the information needed to determine what happened, why it happened, and who is responsible for the injuries your child suffered, including medical records, ultrasounds, fetal monitoring strips, laboratory testing, and interviews with the medical staff that were present at your child’s birth. 

Types of Birth Injuries

Cerebral palsy is the most common birth injury that personal injury lawyers see in practice, however, it is far from the only type of birth injury that can occur. Some other types of birth injuries include:

  • Erb’s palsy-also known as brachial plexus or shoulder dystocia
  • Traumatic brain injury (TBI)
  • Anoxia
  • Hypoxia
  • Persistent Pulmonary Hypertension of the Newborn (PPHN)
  • Fractures
  • Spinal cord injuries
  • Cephalohematoma
  • Perinatal Asphyxia
  • Facial paralysis
  • Wrongful death

Damages in Birth Injury Cases

Birth injuries are not only initially devastating, but these types of injuries often continue to affect your child throughout the rest of their lives. Many of these injuries require expensive long-term care, rehabilitation, and place considerable stress on the family of the injured child.

According to The Centers for Disease Control (CDC), birth defects and birth injuries cost Americans on average of $2.6 billion dollars a year. When the bills for therapies and medical care for your injured child begin to pile up, it can easily reach into seven figures, which can be catastrophic for the average family. 

If your child suffered a birth injury, they may be entitled to the following compensation:

  • Current and future birth injury-related medical bills
  • Assistive care expenses
  • Therapy and medical transportation
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Disability and disfigurement
  • Punitive damages
  • Wrongful death 

Statute of Limitations 

Like other personal injury cases, birth injury claims have a statute of limitations of when a parent or legal guardian can file a case on behalf of their child. Generally, Illinois requires medical malpractice lawsuits to be commenced within two years of the date that the incident occurred. However, there are exceptions to this. 

For example, if a child was injured during delivery but the child suffered no permanent disability, the case must be filed within eight (8) years. If a medical professional deliberately withheld information about a birth injury, Illinois extends the statute of limitations to five (5) years from the time the injury was detected.

If a child sustains a disability due to a birth injury, the law states that the statute of limitations is paused until two years after the child’s disability ends. In the event that the disability will be life-long, such as cerebral palsy, this means a parent could pursue a claim at any point in the life of the child.

The exact amount of compensation your child may be entitled to will be unique to the circumstances of their case. If your child sustained a birth injury, contact an experienced personal injury lawyer to review your case and work on their behalf to ensure they receive the compensation they deserve. 

We at Mike Agruss Law are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at [email protected], or schedule a meeting with us here. We’re here 24/7.

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