Chicago is one of the largest cities in the United States. It’s home to hospitals, maternity care centers, and experienced healthcare professionals who deliver thousands of babies each year. While most births are safe and healthy, preventable medical errors during pregnancy, labor, or delivery can cause serious injuries that affect a child and their family for years to come.
That is why understanding your legal rights after a birth injury is so important. If your child was harmed because of a preventable medical mistake, a Chicago birth injury attorney can help protect your family’s rights and explain the compensation that may be available.
Birth injury claims involve more than proving that a medical error occurred. They also require showing how the injury has affected your child’s life and calculating the financial and non-financial losses resulting from the injury, both now and in the future.
Types of Compensation Available in a Birth Injury Case
The compensation available in a birth injury case may include the following:
Medical Expenses
Medical expenses are often one of the largest parts of a birth injury claim. Families may recover compensation for the reasonable and necessary medical costs related to diagnosing and treating the child’s condition.
These expenses can include:
- Hospital stays
- Surgeries
- Specialist visits
- Prescription medications
- Medical equipment
- Follow-up care
For example, if a newborn suffers a brachial plexus injury during delivery, the family may incur costs for diagnostic testing, orthopedic care, surgery, and ongoing medical appointments. These expenses may all be included in a claim when they are related to the birth injury.
Future Medical Care
Many birth injuries require treatment that extends well beyond infancy. Compensation may include the cost of future medical care that healthcare providers reasonably expect the child will need throughout childhood or even adulthood.
This may include:
- Future surgeries
- Ongoing specialist care
- Home healthcare services
- Assistive devices
- Long-term medical monitoring
For example, a child diagnosed with cerebral palsy may require regular appointments with neurologists, orthopedic specialists, and other healthcare providers for many years. These anticipated costs can form an important part of the overall claim.
Rehabilitation and Therapy Costs
Children with birth injuries often require specialized therapies to improve their mobility, communication, and independence. These services can continue for years and represent a significant financial commitment for many families.
Compensation may cover:
- Physical therapy
- Occupational therapy
- Speech therapy
- Behavioral therapy
- Developmental support services
For example, a child with developmental delays caused by oxygen deprivation during birth may attend speech and occupational therapy several times each week. Recovering these ongoing therapy costs can help ensure the child continues receiving the support they need.
Pain and Suffering
Birth injuries can affect far more than a family’s finances. Under 735 ILCS 5/2-1115.2, Illinois law recognizes both economic and non-economic damages, including pain and suffering, disability, disfigurement, loss of consortium, and loss of society. These damages recognize the physical pain, emotional distress, and reduced quality of life caused by the injury.
For example, a child living with chronic pain, limited mobility, or permanent disabilities may face daily challenges that affect school, recreational activities, and social relationships. These lasting effects are often considered when determining the value of a birth injury claim.
Special Education and Long-Term Support
Children with permanent disabilities may require specialized educational services and lifelong assistance because of their birth injury.
Under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, eligible children have the right to receive special education and related services through the public education system. However, many families still incur substantial expenses for care and support beyond what schools are required to provide.
Compensation may include the cost of adaptive technology, home modifications, specialized therapies, personal care attendants, and other long-term services that are reasonably necessary because of the child’s condition.
For example, a child with a permanent developmental disability may need communication devices, wheelchair-accessible home modifications, ongoing therapy, and in-home caregiving. These current and future expenses may be included when calculating the full value of a birth injury claim.
Lost Future Earning Capacity
Some birth injuries result in permanent physical or cognitive impairments that affect a child’s ability to earn a living as an adult. In these cases, compensation may account for the income the child is reasonably expected to lose because of those long-term limitations.
For example, a child with a severe brain injury may be unable to perform full-time employment or pursue certain careers later in life. Financial experts may evaluate the child’s expected earning potential and estimate the income that could be lost over their lifetime.
Final Takeaways
- Birth injury claims may include both economic and non-economic damages depending on the circumstances.
- A birth injury attorney can help identify the full extent of current and future losses.
- Medical expenses, rehabilitation, and future care often represent a significant portion of a claim.
- Some cases also include compensation for lost earning capacity and pain and suffering.
- Understanding the available types of damages helps families pursue compensation that supports their child’s long-term needs.
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Our Editorial Team are writers and experts in their field. Their views and opinions may not always be the views of Wellbeing Magazine. If you are under the direction of medical supervision please speak to your doctor or therapist before following the advice and recommendations in these articles.
