The Ins and Outs of Birth Injury Cases

There’s no doubt about it: birth injury cases can be complicated. On top of the emotional trauma of experiencing…
a baby's feet in a white shirt

There’s no doubt about it: birth injury cases can be complicated. On top of the emotional trauma of experiencing a traumatic birth with bad outcomes, new parents are often left confused, not sure who to trust, and unclear about how to be the best advocate for their child. If you believe your child was hurt during birth due to a doctor’s negligence and are considering seeing an attorney for a free consultation, here’s what you’ll want to know about the ins and outs of birth injury cases.

Legal Matters


Your child’s injury, no matter how major or minor, is nothing to play around with. Whether they’ve suffered a brain injury or a birth defect due to a doctor’s negligence, it’s important to get a lawyer on your side now. Maybe you’re from Illinois and just experienced a traumatic birth due to doctor carelessness or medical malpractice. You’ll want to know your legal options, so a simple search like ‘birth injury lawyer in Chicago‘ will be a good way to start. Experienced birth injury lawyers will offer free consultations to tell you whether or not they believe your situation could warrant a lawsuit. They’ll also be able to help you understand each step of the birth injury claim process. This help will prove to be extremely valuable to you.

During your first meeting with your potential birth injury lawyer, be open about your experience in the health care system, and clearly state what you hope can be done about it. Don’t be afraid to ask questions about medical care, medical bills and expenses, the statute of limitations on your child’s injury, and anything legal you’re wondering about. Lawyers who specialize in personal injury are well aware of how personal these cases are. It’s their job to help you navigate both the complicated healthcare and legal systems to give your claim the best result. A strong attorney-client relationship built on transparency and trust will go a long way in helping your case and giving you peace of mind.

Medical Concerns and Advocacy


Part of a birth injury suit is understanding potential health outcomes for your child. You and your attorney will need to work with medical professionals to predict the long term care your child will need. This will involve collecting medical records, finding out the costs of prescription drugs, and more. While this part of the birth injury lawsuit process will involve a lot of work, it will add up to fair compensation in the end.

Maybe you need to determine the value of primary care going forward in light of your situation. Things like whether or not your current health plan will work to support your child’s medical condition will be important to find out now. Your lawyer will be able to help in advocacy work, but you’ll also need to learn to advocate for yourself.

Part of navigating the birth injury process will be learning how the health system works and aligning with medical professionals you trust. Taking your time to select medical professionals who listen to your needs, fears, and hopes is important. Working with a care manager and primary care doctor who are willing to walk you through each step of the way will be important to your child’s overall recovery and quality of life. Don’t be afraid to tell your primary care team what you need to make it through these difficult times. Remember that it’s their job to be there for you and they may have great advice about care coordination you can arrange for your child to simplify the process.

Self Care


While navigating a birth injury claim, it’ll be important to take care of yourself. The reality is that most parents are so worried about their new baby that they forget simple things like eating properly and getting sleep. If you’re running back and forth from the hospital or sleeping outside the ICU, it’s important to remember that you need care, too. Call on family and friends to help you manage these trying times. And, when you can, take breaks from the hospital too.

Don’t put off those dental implants or important yearly physical. If you have high blood pressure, pick up your medications, and take them. Your child will need the healthiest, happiest version of you to advocate for them. While trust is often difficult after a traumatic birth resulting in birth injury, do what you can to leave the legal matters in your birth injury lawyer’s hands. They deal with common birth injuries every day and are well versed in how to navigate a medical malpractice case.

One of the best things you can do to help your case along is to stay out of the attorney’s way but be there when they call. They will need paperwork, medical records, medical histories, and updated reports on a regular basis. Different types of birth injuries require different levels of legal contact. By providing your lawyer with the paperwork they need, you’re already making a big impact on your birth injury claim.

Future Needs


Your child won’t always be a baby. And while no one can accurately predict just how things work out, time will pass quickly. Before you know it, you may be buying a reversible dress for your daughter’s 15th birthday party. While her concerns might be peers at school or who’s dating who, you’ll still be working to make sure she has the supports she needs to succeed academically and more. Have an open conversation with your care team and attorney about possible special needs the future might hold for your child. Going into the future and particularly those teen years armed with a plan will make things a whole lot easier financially and emotionally.

In the end, while it may feel so, you are not alone. Navigating all aspects of a birth injury case can be achieved with a good support system, the right legal team, and medical professionals you trust. Whether seeking legal advice at the start of your journey or in the heart of a birth injury case, remind yourself that your number one priority is you and your family. Leaving the legal details up to an experienced birth injury attorney will free you up to advocate for your child, make memories, and work with a health care provider who has you and your child’s best interests at heart.

Once you have legal representation, if you aren’t sure where to start, ask your hospital case manager or social worker about support groups for children with disabilities in your area. A team of parents who’ve been in your shoes will help you feel less alone and quickly become an invaluable tool in understanding how birth injury claims work.