COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.

Learn more x
Free Consultations | Tap To Call Today: 1.888.625.6265

Speak to a Lawyer 24hrs a Day

1.888.625.6265

Free Consultation, Call Now!

CHICAGO

Infant and Birth
Injury Lawyer

Premier Personal Injury Attorneys
Schedule Free Case Review

Chicago, IL Infant Injuries and Birth Injury Lawyers

In the United States, more than 50 babies a day are born suffering from medical negligence. Medical negligence and malpractice can lead to birth injuries and health defects that last a lifetime, from skull fractures to cerebral palsy, and with those conditions can come a lifetime of associated medical costs and emotional distress.

If medical negligence has put your newborn in harm’s way, you and your little one shouldn’t be left to deal with the consequences on your own—an experienced medical malpractice lawyer can help.

How Birth Injuries Happen

As experienced Chicago birth injury attorneys know, infant injuries and birth complications can arise for a variety of reasons. For example, negligence during the delivery can easily lead to life-altering accidents that irrevocably compromise your baby’s physical well-being. Mishandling the child immediately after birth can also cause terrible injuries—even negligence during your prenatal care can have devastating effects on the health of your newborn.

Paying for a Lifetime

If your child is born with or develops health conditions as a result of negligence and poor medical care, the amount of emotional distress that you and your child will go through can be immeasurable. A birth injury can result in medical problems that last a lifetime and permanently cripple your child, all because of someone’s lack of care. However, that isn’t the only price you both pay. Caring for a special needs child requires a level of care that most parents don’t know, including special safety precautions, education, physical therapy, medications and operations. You should never be forced into a position of financial hardship as a consequence of someone else’s carelessness, which is why Chicago’s top birth injury attorneys will always advocate for your child’s wellbeing.

Because medical errors and negligence are considered a form of medical malpractice, lawyers will take your case to court if need be, so that you and your child receive the care and compensation you deserve. If someone’s behavior has compromised the health and well-being of your newborn, you don’t have to quietly accept it—you can hold them accountable in accordance with the law.

Frequently Asked Questions

A birth injury is an injury that occurred during the birth itself, such as an injury caused by the improper use of forceps. A birth defect is harm that occurred before birth that can be traced to something that happened during pregnancy or, in some cases, even before pregnancy – a deformity caused by a defective drug taken during pregnancy, for example.

To win a medical malpractice lawsuit, you must prove that (i) the doctor or other healthcare provider failed to meet the applicable standard of care, and (ii) this failure to meet the applicable standard of care actually caused the infant/birth injury that triggered the lawsuit.  You must also prove the amount of damages that you are claiming.

Due to training and licensing, a doctor is held to a much higher standard of care than, say, a non-doctor who simply renders first aid after witnessing an auto accident. Moreover, a specialist such as a cardiologist is held to a higher standard of care than a general practitioner. Expert medical testimony (normally from another doctor) may be necessary to determine the exact standard of care in terms of what the doctor should have done under the circumstances that caused your injury. The mere fact that an injury occurred is not enough to establish that malpractice was involved – the injury must have been unnecessary.

There are a myriad of potential causes of infant and birth injuries. Some of the most common are:

  • Issuing an improper prescription to the mother while she is pregnant
  • Rough handling of the baby during delivery (particularly the use of forceps) and immediately thereafter
  • Oxygen deprivation leading to brain damage and other maladies
  • Failure to promptly and properly deal with unexpected delivery complications
  • Failure to properly monitor the baby’s vital signs

Tracing the cause of the injury and tying it to medical negligence can be a difficult undertaking in many cases, which is why the assistance of a skilled birth injury lawyer is absolutely critical.

In many cases you can sue the manufacturer of the drug or another defendant in a product liability lawsuit. In a strict product liability lawsuit, you will need to prove that the drug was defective and unreasonably dangerous, and that the defect caused your baby’s injury. Although proving all of this can be a major undertaking, it can lead to quite a high recovery in cases of serious injury.

In an infant/birth injury case, the plaintiff is entitled to compensation for the following:

  • Past, present, and future medical expenses. If the injury caused a lifelong or long-term disability, it will be critical to accurately calculate the combined future medical expenses so that you will know how much money to ask for. Although this calculation can get complicated, we possess the resources to take care of this matter on your behalf.
  • Lost earnings, if a parent has to resign from a position to care for the infant full-time.
  • Noneconomic damages, such as pain and suffering, loss of enjoyment of life, mental anguish, etc. In some cases, noneconomic damages far exceed the amounts awarded for economic damages. Noneconomic damages are often calculated as a whole number multiple of economic damages (three times the cumulative amount of economic damages, for example).

Illinois does not allow the award of punitive damages in medical malpractice cases.

If your baby dies from the injury, you can have a court appoint a personal representative of the baby’s probate estate. The personal representative then files a wrongful death lawsuit in the name of the estate. Since it is obvious that a baby isn’t going to have named a personal representative of his or her estate, a court is likely to appoint a close relative to this position (the baby’s mother, for example). The personal representative must file the lawsuit within one year of the baby’s death, otherwise the claim will be forever barred. Of course, it is likely that the healthcare provider you are claiming against will be willing to settle out of court rather than lose a wrongful death lawsuit.

The court may award damages for medical bills, funeral and burial expenses, grief and sorrow, and any other amount that the court considers fair and just. Since certain expenses, such as funeral and burial expenses, will be paid by the estate, the court will award amounts for these items directly to the estate. Other components of damages, such as grief and sorrow, can be awarded directly to close relatives.

  • Image
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image

Contact Chicago’s Infant and Birth Injuries Lawyer

If you think you may need a medical malpractice attorney to take on your birth injury case, contact Malman Law today for a consultation.
Schedule Free Case Review

Why People Choose Malman Law

You’ll want your lawyers to be this good.
You’ll want our experience on your side.
  • Icon

    Credibility & Experience

    25,000+ Cases over 25 Years
  • Icon

    Track Record of Success

    25,000+ Cases over 25 Years
  • Icon

    Team of Litigation Lawyers

    25,000+ Cases over 25 Years
  • img

    They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

  • img

    I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!

    - Cheryl Wagemann

  • img

    I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !

    - Elvira G.

  • img

    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

  • img

    I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!

    - Devin Jones

  • img

    Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!

    - Annie Ong

  • img

    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

    - Eugenia Cathery

  • img

    They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.

    - Omolewa Snyder

  • img

    I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

    - Trevor Harris

  • img

    Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.

    - Ernest Pitts

  • img

    Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.

    - Ariel Fleming

  • img

    I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!

    - Carmen Rivera

  • img

    Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!

    - Greg Gustafson

  • img

    Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.

    - Malak St.Clair

  • img

    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.

    - Devri Lott

  • img

    I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.

    - Adrian Lopez

  • img

    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

    - Vanessa Leon

  • img

    Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

    - Nyah Vuljanic

  • img

    This law firm is the best they got me paid and meymen law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position they are awesome sincerely. Jeff walker

    - Jeff Walker

  • img

    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.

    - Steve Acosta

  • img

    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

  • img

    Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

    - Jose Cruz

  • img

    Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!

    - Meagan Cruz

  • img
    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

    - Eddie Villarreal

  • img

    I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!

    - Madissen Miller

  • img

    Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!

    - Christina Ocon

  • img

    Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!

    - Adriana Martinez

  • img

    So glad I contacted malman law regarding my accident. Professional and caring. Thank you Mr Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!

    - Virgil Sanner

  • img

    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

  • img

    My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

View more testimonials
img

What’s your case worth? Submit for a free case review

ALL FIELDS REQUIRED

2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim