Chicago Birth Injury Lawyer
Injuries suffered at birth can be life-altering for both the child and the mother, leaving families with questions about the future and piles of medical bills. At Levin & Perconti, we fight to resolve your medical bills immediately and plan for future treatment. Our experienced Chicago birth injury attorneys can discuss your situation and explain your legal options, working diligently to ensure your family’s needs are met as quickly as possible.
Quick Facts About Levin & Perconti
- Levin & Perconti secured a $40 million verdict for a disabled teen and her family, marking the largest birth injury verdict in Illinois history outside of Cook County
- Levin & Perconti are pioneers in birth injury litigation and national advocates of children and families coping with cerebral palsy, intellectual disabilities, and developmental disabilities that stem from birth injuries
- Seven of Levin & Perconti attorneys were recognized in the 2026 edition of The Best Lawyers in America for outstanding professional performance
- 21 attorneys at Levin & Perconti were selected for Super Lawyers recognition in 2026
Why Choose the Chicago Birth Injury Lawyers at Levin & Perconti?
With more than four decades of practice, Levin & Perconti has held healthcare providers responsible for negligence that caused harm to infants and families. With securing over $1 billion in total compensation for our clients, we ensure that the families that we represent get the justice that they deserve.
Some of our notable Chicago birth injury case results include:
| Recovery Amount | Case Context |
|---|---|
| $40 Million Verdict | For birth injuries sustained due to a delayed C-section delivery at Sarah Bush Lincoln Health Center in Mattoon, Illinois. |
| $29 Million Settlement | For a child who suffered brain damage and other injuries after a delayed cesarean section. |
| $27 Million Recovery | For a child who suffered preventable hypoxic-ischemic encephalopathy (HIE) and asphyxia injuries at birth, resulting in permanent cognitive and developmental impairments. |
| $20 Million Verdict | To a family after a hospital failed to perform a timely cesarean section, resulting in severe brain injury from oxygen deprivation. |
| $18 Million Settlement | For a first-time mother whose baby suffered from hypoxic-ischemic encephalopathy and was later diagnosed with cerebral palsy due to a Chicago hospital's failure to timely perform a c-section. |
| $9 Million Settlement | To the family of a baby who suffered permanent brain damage as a result of a doctor’s failure to test the mother for Group B Strep Meningitis during prenatal care. |
Read more about more of our Chicago birth injury results here.
What Steps Should Parents Take if They Suspect Medical Negligence Led to Their Child’s Birth Injury?
If you suspect that medical negligence led to your child’s birth injury, it’s important to have a birth injury lawyer by your side right away to help you navigate your available legal options. When you contact the birth injury lawyers at Levin & Perconti, we work quickly to preserve evidence so we have what we need to support your claim, prepare the required paperwork to initiate a lawsuit, and file your case appropriately and timely.
How a Birth Injury Lawyer Proves Negligence
When working with a birth injury attorney, your lawyer will investigate and gather all available evidence to build a case establishing that someone’s negligence caused harm to your child.
To prove medical negligence in a birth injury lawsuit in Illinois, you must establish a provider-patient relationship between the mother and the health care provider, giving rise to a duty of care. Then, you must show that the provider deviated from the accepted standard of care required from a reasonable provider under similar circumstances. Finally, you must establish that the negligent party’s deviation from their standard of care caused your child’s injury and resulting damages.
What Is the Deadline for Filing a Birth Injury Case in Chicago?
It is imperative to reach out to a birth injury lawyer right away because Illinois has a time limit for filing a birth injury lawsuit. In most cases, parents have until their child’s eighth birthday to file suit. However, the deadline can vary based on the severity of the injury, who is filing the claim, and when the injury was discovered. For wrongful death claims, the statute of limitations is just two years from the death. If your claim is not filed before the birth injury statute of limitations expires, you may lose your right to hold the negligent health care providers accountable.
The Types of Compensation You Can Recover When Working With a Chicago Birth Injury Lawyer
In a birth injury case, you may be able to recover economic and non-economic damages, depending on the circumstances of your child’s birth injury. A Chicago birth injury lawyer will be able to determine what types of compensation could be available to you based on the details of your case. Economic damages include actual monetary or easily calculable losses, such as the following:
- Medical costs stemming from the injury
- Future medical and rehabilitation expenses
- Lost wages for missed work to care for your infant
- Caretaking expenses if you have to hire a professional caregiver
- Special education costs
- Special care equipment
- The child’s lost earning capacity
Contrarily, non-economic damages intent to compensate victims for non-monetary losses or harm, such as:
- Pain and suffering
- Loss of enjoyment of life
- Mental frustration
- Physical deformity
- Increased risk of future harm
- Shortened life expectancy
Long-term care and financial planning for birth injuries
It’s not uncommon for a successful birth injury lawsuit to cover the cost of care for the injured child for the rest of their life. However, if the compensation you recover does not cover all expenses associated with the care of your child, Illinois and the United States have several resources available for families struggling with finances due to birth injuries that your birth injury lawyer can help you navigate.
Available resources include the following:
- Division of Specialized Care for Children: The Division of Specialized Care for Children helps Illinois families with children who have special health care needs access services and resources.
- Government Programs for Children With Special Needs | SSA: The Social Security Administration provides many assistance programs for children with special needs and their families.
- Apply for a Grant | UnitedHealthcare Children’s Foundation: UnitedHealthcare Children’s Foundation is a 501(c)(3) charitable organization that provides medical grants to help children access health-related services not fully covered by their family’s insurance.
- Understanding a Special Needs Trust and Its Benefits: A special needs trust is a legal arrangement creating a fiduciary relationship that allows disabled or chronically ill people to receive income without reducing their eligibility for public assistance programs like Medicaid.
Free Birth Injury Case Evaluation
You can schedule a free, no-obligation consultation with our birth injury attorneys. The highly confidential consultation lets us gather all the details about your child’s birth injury to build a robust case against the negligent hospital, birthing facility, or health care provider. We’ll also help you understand your legal rights and decide the best course of action for you and your family.
Frequently Asked Questions (FAQs) About Birth Injuries in Chicago
As an expectant or new parent, you likely have many questions and concerns about birth injuries, including what they are, how to avoid them, and what to do if your child suffers from one. Our birth injury lawyers are here to provide you with much-needed answers and guide you in supporting and protecting your family through this difficult time. Here are some common questions we receive:
Can I Sue for a Birth Injury?
Birth injury litigation stems from an injury to a baby during pregnancy, labor, or delivery or shortly after birth due to careless, negligent, or intentional acts by a doctor, nurse, hospital, or other medical professional or facility. If your baby has suffered a birth injury due to a health care provider’s actions or omissions, you might have grounds for filing a lawsuit.
What are the signs and symptoms of a birth injury?
If your newborn exhibits the following signs and symptoms, they’ve most likely sustained a birth injury:
- Swelling, bruising, or abrasions
- Seizures within 48 hours of birth
- Loose or limp arms
- Failure to begin breathing immediately after delivery
- The infant’s need for a breathing tube or resuscitation after delivery
If you see any behaviors or symptoms in your infant that seem abnormal or “off,” including difficulty eating, swallowing, or breathing, it’s a good idea to have them evaluated by a pediatrician or other medical professional.
Who Can File a Birth Injury Lawsuit?
In Chicago, parents can file a birth injury lawsuit if their child’s health condition was caused by a medical professional’s negligence before, during, or shortly after the child’s birth. These lawsuits can be filed against doctors, nurses, labor and delivery staff, midwives, hospitals, and other parties, depending on the circumstances of the injury.
What is the difference between birth injuries and birth defects?
A birth defect or congenital disability is a health condition or abnormality that forms while the infant is still in the womb. Doctors must report these conditions to the expectant parents before delivery. Although birth defects can be unavoidable, your health care provider should take appropriate actions or provide necessary medical care to mitigate the effects or harm caused by a birth defect when possible. Contrarily, a birth injury usually occurs just before or during labor or at or around the time of delivery and is often preventable and caused by a physician’s or medical staff’s negligence.
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Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Levin & Perconti Can Help After Your Child’s Birth Injury in Chicago or Nearby Areas
At Levin & Perconti, we’re a team of highly skilled and committed birth injury lawyers in Illinois who fight to ensure you receive maximum civil justice for your child’s and your family’s injuries.
We don’t hesitate to hold negligent people accountable, and we settle for nothing less than fair compensation for your emotional and financial suffering.
Complete our contact form today, and one of our attorneys will call you promptly to discuss your case and determine your legal options.
