What is a birth injury?


Over 400 babies are born every day in Illinois. While the birth of a child should be a time of joy, if a birth injury occurs, either to the child or the mother, it can be a time of fear and worry for parents and loved ones.

Birth injuries are a type of medical malpractice,* also sometimes referred to as childbirth negligence. Birth injuries that occur as a result of misconduct, negligence, or omission on the part of a health-care provider, such as a doctor, nurse, obstetrician, midwife, or technician.

We always expect that health-care professionals do their best in any and all situations, especially when bringing a new life into the world. When a birth doesn’t go to plan and an injury occurs to a child, a mother, or both, the family could be entitled to compensation. James Gay Law, LLC will work with you to recover the compensation you deserve in a timely manner.

Illinois law has a statute of limitations for bringing a medical malpractice case. A statute of limitations is an amount of time that state law allows for someone who was injured to bring a case against the person or entity that allegedly injured them. For general medical malpractice in Illinois, the statute of limitations is two years from the date you knew or reasonably should have known, about the misconduct, negligence, or omission of reasonable care in your case. In a birth injury case, the law in Illinois also allows that a claim can be filed within eight years from the date of the injury or before the victim turns 22. It is best to bring a case as soon as possible and to keep detailed records pertaining to your case.

Here are some examples of what could cause a birth injury:

  • Improper monitoring of child or mother before, during, or after birth
  • Oxygen deprivation
  • Improper use of a vacuum
  • Improper use of forceps
  • Medication errors
  • Failure to communicate with other health-care providers or the patient

If you or a loved one have experienced these or other injuries as a result of medical misconduct, negligence, or omission, call us for an appointment today.

Some injuries that may occur to a child, or mother, as a result of medical misconduct, negligence, or omission of a health-care professional before, during, or after a child’s birth are:

  • Shoulder dystocia
  • Erb’s palsy
  • Cerebral palsy
  • Dropped babies
  • Fetal distress
  • Breech birth
  • Preeclampsia
  • Birth asphyxia
  • Spinal cord injuries
  • Brain injuries or damage
  • Forcep injuries
  • Misuse of vacuum or other errors
  • Negligent C-section or other errors
  • Placental abruption
  • Wrongful death of mother or child *

How we can help you with your birth injury case?

If your child or loved one has been the victim of birth injuries, you may be able to sue for damages. While it could never undo what happened, compensation can provide for the future of a victim of birth injuries.

James J. Gay Law, LLC has experienced attorneys who will fight for you during this difficult time. Our lawyers are here to protect you and your family from the financial burden that can result from birth injuries.

We will fight to get you compensation for such things as:

  • Past and future medical expenses
  • Lost wages or loss of future earning capacity
  • Cost of rehab or therapy
  • Cost of specialized equipment
  • Cost of in-home care and home accommodations
  • Disfigurement
  • Disability
  • Loss of normal life
  • Shortened life expectancy
  • Pain and suffering

Give us a call today 312.800.1970 and make an appointment.


We’ll take a look at your case and discuss how we can get help you get back on your feet again with the compensation you need.


James J. Gay Law fights for individuals who have sustained injuries in a variety of situations. Different degrees of fault can exist and several elements are necessary to prove a case in court and be successful against the wrongdoer or negligent party in a tort action. Also, more than one person or party may be at fault, and responsibility may be apportioned among all of the wrongdoers.

In some instances, the victim may even be partly at fault for the tragedy but that does not necessarily mean the person does not have a right to bring a lawsuit. Consulting with an experienced Chicago personal injury lawyer such as James J. Gay Law, LLC is important to determine whether or not a particular claim should be brought to court to achieve a fair resolution for an injured person.

Working with an experienced law firm is the only way to recover the damages you or your loved one are owed. Make an appointment with the James J. Gay Law and you’ll receive a free consultation with an experienced lawyer who can help you recover both monetary and non-economic damages.