Most parents who go through a difficult delivery are sent home believing that nothing could have been done differently. Sadly, that isn’t always true. Some birth injuries occur because a doctor or hospital failed to respond quickly or appropriately in the delivery room. As a parent, knowing what to watch for can make all the difference—whether for your own family or for someone you care about.
At Eftekhari Law Offices LLC in Evanston, we help families understand what happened, why it happened, and whether the injury was preventable. As an Evanston personal injury lawyer and Illinois medical malpractice attorney, our mission is to make sure parents get answers instead of excuses.
Two Types of Preventable Birth Injuries
While many complications during labor are unavoidable, two of the most serious birth injuries often occur because medical providers did not follow proper standards of care: oxygen-related brain injuries and nerve damage to a baby’s arm.
Lack of Oxygen to the Brain (Birth Asphyxia)
During labor, doctors and nurses have a legal and professional duty to monitor a baby’s heart rate and respond immediately to signs of fetal distress. When a baby is not getting enough oxygen, every minute matters. If medical staff delay an emergency C-section or fail to respond quickly enough, the baby’s brain may be deprived of oxygen for too long. This can lead to permanent injuries that affect how a child moves, learns, and develops.
In Illinois, these cases fall under medical malpractice law. As an experienced Illinois medical malpractice lawyer, I often see situations where the harm could have been prevented with a timely intervention. When a hospital hesitates, a child can suffer lifelong challenges—and families deserve answers and accountability.
Nerve Damage to the Arm (Brachial Plexus Injuries)
Another preventable birth injury occurs when the baby’s shoulder becomes stuck behind the mother’s pelvic bone, a complication known as shoulder dystocia. Doctors are trained to handle this correctly—by gently repositioning the baby. But when a provider pulls or twists on a baby’s head or neck instead, it can stretch or tear the nerves in the arm.
The result may be weakness, limited movement, or paralysis in the affected arm, sometimes for life. These injuries are not caused by anything the parents did—they usually happen because the delivery was mishandled. As a Chicagoland personal injury lawyer and birth injury lawyer Illinois families trust, I help parents understand whether the injury was preventable and what their legal options are.
You Deserve the Truth About What Happened
One of the most frustrating parts of these cases is that many families are never told what really happened in the delivery room. Medical providers may say the injury was unavoidable or caused by the child’s position. But that isn’t always true. At Eftekhari Law Offices LLC, we take a thorough and transparent approach to help families uncover the truth.
Here is what we do:
- Obtain all medical records from the pregnancy, labor, and delivery
- Have the records reviewed by leading medical experts
- Identify whether any mistakes were made by the doctor, nurses, or hospital
- Hold negligent providers accountable when preventable harm occurred
As an Evanston medical malpractice lawyer and Cook County personal injury lawyer, I help families navigate not only the legal process but also the emotional weight of discovering that their child’s injury could have been prevented.
The Financial Impact of Birth Injuries
A child who suffers a brain injury or nerve damage at birth may need specialized care for years—or for life. That can include:
- Physical and occupational therapy
- Speech therapy
- Adaptive equipment
- Surgeries
- In-home care or long-term support
Compensation in these cases can be significant because it must cover the full lifetime cost of care. As a catastrophic injury lawyer Illinois families rely on, I work to secure financial support that truly meets the child’s needs, both now and in the future.
Why These Cases Matter
Birth injuries affect more than just the child—entire families are impacted emotionally, financially, and physically. Many parents blame themselves, even though the injury had nothing to do with anything they did. These cases also help promote safer medical practices, ensuring hospitals and doctors follow the standards they are trained to uphold.
Every case we take is rooted in one mission: giving families answers, accountability, and the support they need to care for their child.
What to Do if You Suspect a Birth Injury
If your child suffered an unexpected injury or complication during delivery, you do not have to navigate this alone. Whether you’re in Evanston, Chicago, or anywhere in Illinois, speaking with a trusted personal injury attorney can help you understand your options.
As an Illinois personal injury lawyer and medical malpractice attorney Chicago families trust, I offer free consultations to review what happened and explain your rights. There is no cost to you unless we recover compensation for your family.
FAQ
How do I know if my child’s birth injury was preventable?
The only way to know is to review the medical records with qualified experts. Many injuries that parents are told were “natural” were actually caused by delays, improper techniques, or failure to act.
Is there a time limit to file a birth injury claim in Illinois?
Yes. Illinois has a statute of limitations for medical malpractice cases, and specific rules apply when the injured person is a child. It’s important to speak with an Illinois medical negligence attorney as soon as possible.
What if the hospital told me the injury was unavoidable?
That is common, but not always accurate. A legal and medical review is often the only way to uncover what truly happened.
How much does it cost to hire a birth injury lawyer?
At Eftekhari Law Offices LLC, we work on a contingency fee basis. You pay nothing unless we win compensation for your family.
Will filing a claim hurt my relationship with my doctor?
Claims are handled through insurance companies—not personal relationships. The priority is getting your child the care and resources they need.
If your child was hurt during birth, or you know a family going through this, we are here to help. You can reach us at (312) 283-0905 or through our website at Eftekhari Law Offices LLC for a free consultation.























