My Child Was Injured During Birth Due to a Doctor's Mistake — Do I Have a Case in Illinois?

 Posted on February 25, 2026 in Medical Malpractice

When a baby is hurt during delivery, parents can spend days or weeks at the hospital. They watch their child go through procedures they never expected to face. What should have been the happiest day of their lives becomes a crisis and for many families marks the start of years of medical care.

Unfortunately, the medical system does not make things easier. In 2026, hospitals and their insurance companies know how to protect themselves. They have legal teams working for them from day one. Families who try to handle this alone often run into delays, low offers, and flat-out denials even when the doctor's mistake is clear. Your child deserves better than that.

Did your child get hurt during delivery? You need a Will County birth injury attorney who can take on hospitals and insurance companies. At Carlson Law Group, P.C., we are ready to fight for your family with the full resources of a highly rated personal injury firm.

What Is a Birth Injury, and Could a Doctor Be Responsible?

A birth injury is harm to a baby that happens during labor or delivery. It is usually caused by a medical error, a slow response, or the wrong use of delivery tools. Many of these injuries are preventable. This is different from a birth defect, which develops before birth and is not caused by a mistake.

Common birth injuries include cerebral palsy, Erb’s palsy, and hypoxic-ischemic encephalopathy (HIE), which is brain damage caused by a lack of oxygen and blood flow. Brachial plexus injuries can happen during difficult deliveries. In rare cases, babies may also suffer skull fractures from the use of forceps or vacuum tools. A doctor may be at fault for missing signs of fetal distress. They may have waited too long to order a C-section. Or they may have used delivery tools the wrong way.

How Long Do Illinois Parents Have to File a Birth Injury Lawsuit?

Under Illinois law 735 ILCS 5/13-212, a birth injury or medical malpractice claim for a child usually must be filed within eight years of when the injury or mistake happened. In all cases, the deadline cannot go past the child’s 22nd birthday. In rare situations involving legal disability or other limited exceptions, the deadline may be extended, but this depends on the facts of the case.

If you are thinking about a birth injury claim in 2026, do not wait. Evidence fades. Records get harder to access. The legal process starts long before a lawsuit is filed. The sooner you act, the stronger your case.

What Can Illinois Families Recover in a Birth Injury Case?

A birth injury case can cover a lot of ground. You may be able to recover past and future medical bills, long-term care costs, and money for your child's pain and suffering. If your child cannot work as an adult because of the injury, that loss may be included, too. Children with conditions like cerebral palsy may need care for decades. That is why a full review of your child's needs matters so much. We work with medical experts to build a clear picture of what your child will need for years to come.

What Should You Look for in an Illinois Birth Injury Attorney?

These cases call for attorneys who can go up against large hospital systems. Dave Carlson has nearly 25 years of legal experience. He has served as a Will County Circuit Court judge and a lead prosecutor. He is part of Schwartz Jambois, a large, highly rated personal injury firm. We have the staff, medical consultants, and resources that birth injury cases require. When you call, you get a whole team behind you — not just one attorney working alone.

Schedule a Free Consultation with a Will County, IL Birth Injury Attorney

If your child was hurt during delivery and a doctor's mistake may be to blame, you owe it to your family to find out whether you could get compensation. That is where our experienced Joliet, IL birth injury lawyer at Carlson Law Group, P.C. comes in. Call 815-710-3700 today for a free consultation and to get started.