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Birth Injury Attorney

Medical negligence can lead to injuries during birth. Tragically, this can have lifelong ramifications for your child. 

Rubin & Machado, Ltd. has a proven record of success in attaining compensation for clients, including multimillion-dollar settlements.

Learn how our Chicago, IL, birth injury lawyers can help you win compensation. Contact our law office for a free consultation.

What Is a Birth Injury?

A birth injury is a physical injury that occurs during delivery. Birth injuries may be the result of naturally occurring health conditions that were not preventable. They may also be due to the physician, medical staff, or hospital failing to provide reasonable care.

Examples of medical negligence that contribute to a birth-related injury include:

  • Overlooking signs of distress in the mother or infant
  • Faulty or incorrectly used equipment
  • Improper handling of the umbilical cord
  • Delaying the decision to perform a C-section
  • Failure to detect a health complication
  • Failure to monitor vital signs

Birth injuries may be minor, or they may result in permanent disability and the need for lifelong medical care. In some devastating cases, birth injuries can cause wrongful death.

Birth Injuries
Birth Defects


Birth injuries are not the same as birth defects. Birth defects are caused by genetic or congenital problems and do not occur as a result of negligence during delivery. Keep in mind that a failure to diagnose a birth defect could be grounds for filing a medical malpractice claim.

Don't Wait to Seek Damages Contact Our Law Firm to Discuss Your Case

Complications stemming from a birth injury may not be apparent until your child reaches school age. However, it's likely not too late to file a birth injury lawsuit.

Illinois state law allows a medical malpractice lawsuit to be filed up to 8 years after an infant suffered a birth injury. If the injury resulted in a lifelong disability, a lawsuit can be filed up until the injury victim turns 22.

If your child sustained a birth injury that led to life-altering complications, you need to speak with our Chicago birth injury attorneys. Our birth injury lawyers can determine if you have a medical malpractice case worth pursuing. Don't wait until it's too late—pursue the compensation you and your child need. Contact our law office in Chicago, IL, for a no-obligation case review.

(312) 327-1840

Th Chicago birth injury lawyers of Rubin & Machado, Ltd.
The Chicago birth injury lawyers of Rubin & Machado, Ltd. are ready to help with your birth trauma case.
Even if your healthcare provider or their insurance company offers a settlement, a birth injury lawyer can potentially recover a much larger amount that will cover your child's long-term needs.

Birth Injuries Are Expensive

Newborn Baby receiving therapy

Though nothing can turn back the clock on traumatic childbirth, a medical malpractice claim can at least ease the financial ramifications. Birth injuries caused by a medical professional's mistake may mean your child faces a lifetime of medical expenses.

Damages won in a birth injury lawsuit help cover these costs, which can include:

  • Surgical Procedures - Depending on the type of birth injury and its complications, one or more surgeries may be needed to repair torn nerves, drain excess blood from the brain, and more.
  • Ongoing Therapy - Physical therapy can help increase muscle strength, flexibility, and coordination. Occupational therapy can also help disabled children learn to perform basic tasks.
  • Assistive Devices - Your child may need assistance from a wheelchair, scooter, or walker. Home modifications such as wheelchair ramps and widened doorways may be needed to accommodate these.

Why You Need a Birth Injury Lawyer

To win a birth injury case, it must be proved that the injury was caused by the healthcare provider's negligence. These cases combine the complexity of the legal system with the intricacies of medical care.

Birth injury attorneys can investigate errors in the birthing process, collect evidence of negligent care, and pull in medical experts who have experience with childbirth trauma. Your birth injury lawyer will then help you navigate a settlement or take the birth injury case to trial.

Your healthcare provider has legal counsel building their case. You should as well. Our Chicago law firm is here to help.

A neonatal bed next to a hospital bed

Hire Skilled Lawyers for Your Birth Injury Claim Why You Should Choose Rubin & Machado, Ltd.

The birth injury lawyers at Rubin & Machado, Ltd. have more than 50 years of combined practice in medical malpractice litigation and personal injury law.

Our birth injury attorneys have negotiated multi-million dollar settlements and won high-profile cases on behalf of Illinois families.

If your child suffered a birth injury due to a negligent medical professional, request a free consultation at our Chicago law office.

(312) 327-1840

How Birth Injuries Can Occur

Delayed C-section

Cesarean sections are performed when it's too difficult to deliver a child through the birth canal. Doctors sometimes fail to recognize signs of fetal distress or difficulties with the delivery process, leading to delayed C-sections.


When an infant is poorly positioned or labor is stalled, a doctor may use forceps gripped around an infant's head to guide them through the birth canal. Used incorrectly, this can cause facial injuries as well as nerve and brain damage

Vacuum Extraction

A vacuum extractor is a cup attached to a vacuum pump that helps guide a baby through the birth canal. When not performed properly, vacuum extraction can cause skull fractures, bleeding within the skull, and scalp wounds.

Umbilical Cords

Doctors must identify and quickly respond to umbilical cord problems. An umbilical cord wrapped around a baby's neck, or one that leaves the womb before the baby, can cut off an infant's blood and oxygen supply. 


Pitocin (oxytocin) is given intravenously to induce labor or to increase contractions. Since rapid contractions impact a baby's heart rate and oxygen level, excessive or unnecessary Pitocin can cause heart problems and brain damage.

Fetal Heart Rate Monitoring

A fast, slow, or irregular fetal heart rate can indicate if a baby is in distress during birth. Failing to monitor heart rate or to respond to heart rate signs of fetal distress can lead to many complications, from paralysis to cognitive impairment.

If a prescription drug contributed to your child's birth injury, our law firm can help file a birth injury claim against the supervising doctor or pharmacist. In some cases, we can even pursue litigation against the pharmaceutical company for the harm they caused.

Common Types of Birth Injuries

Our Chicago birth injury lawyers frequently represent clients who have been affected by:

Cerebral Palsy

Cerebral palsy is a group of disorders marked by impaired muscle coordination. Symptoms vary greatly depending on the site of brain damage but can include involuntary movements, exaggerated reflexes, seizures, problems swallowing, intellectual disability, trouble focusing the eyes, and unstable walking. Cerebral palsy can be caused by a head injury or oxygen deprivation during birth.

Learn More About Cerebral Palsy

Brachial Plexus Injuries

The brachial plexus is the group of nerves that transmit signals from the spinal cord to the shoulder, arm, and hand. The brachial plexus can be damaged if an infant's shoulder becomes wedged within the birth canal, or if doctors pull too hard during delivery. If the upper nerves are damaged, the baby may have a condition called Erb's palsy, which is a loss of function in the arm. Damage to the lower nerves can affect the forearm and hand, a condition called Klumpke’s palsy.

Learn More About Infant Brachial Plexus Injuries
The lawyers of Rubin & Machado, Ltd. have secured millions for families through pre-trial settlements and successful verdicts in birth injury cases. Learn how much financial compensation you could receive for your medical malpractice claim.
Rubin & Machado Ltd. logo

Rubin & Machado Ltd.

As a leading personal injury firm in Chicago, Rubin & Machado Ltd. is affiliated with: 

  • American Association for Justice
  • Illinois Trial Lawyers Association
  • Hispanic Lawyers Network
  • Illinois State Bar Association

To schedule your free consultation, contact us online or call us at (312) 327-1840.

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