The Guidance And Legal Support You Need When Your Baby Is Injured During Birth
Last updated on September 1, 2026
Childbirth is a time of great anticipation for everyone in the family. You entrust the process and the care to the hospital and the medical professional you are working with. When an injury that could have – and should have – been prevented happens, it is heartbreaking.
There are steps you, as a concerned spouse or parent, can take. If the baby was harmed during delivery because the facility or provider did not fulfill their duty of care, you may have a case. Call our team at Zane D. Smith & Associates, Ltd., in Chicago. Get immediate answers to your questions at 312-245-0031. You are under no obligation to pursue a case, and your phone call or meeting with us is always free.
Types Of Birthing Injuries We Represent
Unfortunately, depending on the course of action that was taken or was not taken, there are many types of injuries a baby can suffer. We will review what happened. We will explain your rights and tell you if you have a case. We will talk about the timeline and the process.
In general, we take birth injury cases related to:
- Cerebral palsy
- Erb’s palsy
- Brain damage due to oxygen deprivation
- Brain injuries and intracranial hemorrhages due to forceps
- Nerve injuries
- Broken limbs
- Serious injuries and death
We will investigate what happened. As a team with a solid medical malpractice focus, we are able to establish compensation that is based on lifetime care costs and the costs associated with raising a child who has suffered a birth injury.
Any injury can be devastating. We understand the full scope of your experience: the physical, emotional and financial challenges you face. Understandably, you want to know what went wrong and if it could have been prevented. While nothing can make up for the heartache and grief you’ve suffered, we may be able to help you get the support you need.
Illinois Statute Of Limitations For Birth Injury Claims
The Illinois statute of limitations for birth injury claims gives families more time to file a medical malpractice lawsuit. Standard adult claims often follow a two-year rule. However, for birth injuries, the child’s age and other legal rules determine the filing deadline, rather than the discovery date alone.
Conditions such as cerebral palsy or developmental delays may not appear until months or years later. This makes timing important.
“Tolling” generally means that the legal deadline pauses for a period of time. This rule recognizes that a child may not be able to identify an injury, understand what caused it or take legal action on their own. Birth injuries also may not become apparent until months or years after delivery.
Illinois provides a different time limit when the person entitled to bring the claim was under 18 when the claim arose. Under state law, the claim generally must be filed within eight years after the medical act or omission that caused the injury.
The law also sets an outside cutoff. A claim covered by this provision generally cannot be brought after the individual reaches their 22nd birthday. This limit applies regardless of when the injury became known.
These rules provide children with a longer period to file medical malpractice claims than the standard statutory limits applicable to adult cases in Illinois.
Get The Information You Need To Move On
Although families may have several years to act, waiting can make evidence harder to preserve. Medical records may become harder to obtain and witnesses’ memories can fade. Knowing the time limit to sue for birth injury in Chicago is crucial so you can act before a deadline expires.
At Zane D. Smith & Associates, Ltd., our lawyers have spent decades representing Chicago families in medical malpractice and birth injury cases. We are large enough to take on big medical institutions, yet personal enough to stay responsive to every client. If you think your child may have a birth injury claim, we encourage you to call us at 312-245-0031 or use our online contact form for a free consultation.