Birth Injury

If you are the parent of a child who has been diagnosed with a medical or psychological condition caused by a birth injury, it is important that you act immediately to evaluate whether there is a relationship between the injury and medical malpractice.

Doctors are human beings — as are nurses, midwives, and other healing arts and medical professionals. As humans, they often make preventable mistakes while performing the delivery of an infant. Unfortunately, such mistakes can cause lifelong disabilities that require care and treatment. No matter how severe the injury, it is of great importance to seek capable and experienced representation to obtain justice for the preventable harm.

Pignatelli & Associates, P.C. has handled birth injury cases for decades. We have recorded numerous verdicts and settlements for families and children throughout the state of Illinois. Our firm’s experience, education and resources equip us to assist you in determining whether medical malpractice played a role and if so, to build a strong and compelling case for you.

Birth Injuries & Medical Negligence

Occurrences of birth injuries — especially related to the infant’s brain — are caused by mistakes made by doctors, hospitals, healing arts professionals, or other medical professionals throughout the process of delivering. A short list of medical mistakes that may cause birth injuries includes the following:

  • Failure to Diagnose and Treat

    conditions and problems, like hypertension or other illnesses, throughout pregnancy.

  • Mistakenly Perscibing a Medication

    That may have dangerous side effects or be otherwise inappropriate

  • Medication Mistake

    Including administering an improper, incorrect or inappropriate medication type or dosage.

  • Communications Breakdown

    Between medical professionals within the hospital or extra-hospital coordination of care.

  • Failing to Respond

    to patient’s condition including bleeding, complications like fetal distress or umbilical cord entangling

  • Improperly Performing Cesarean or ``C-`` Section

    When necessary

  • Improper Monitoring

    of the infant and mother following delivery

  • Misuse of Extraction Equipment

    in the delivery process the physician may misuse or mishandle equipment such as a vacuum extractor or forceps

  • Premature Birth

    complications following a premature birth often require monitoring and intervention

Common Birth Injuries

A single injury may cause a lifetime of suffering and disability. Common birth injuries that our birth injury lawyers have encountered include the following.
  • Facial Nerve Palsy

    When excess pressure is given on a child’s facial area at the time of delivery, the child may lose the ability to voluntarily move the muscles of the face. An additional cause of facial nerve palsy may arise from the medication given to patients to induce labor or a type of anesthesia the patient may have received.

  • Cerebral Palsy

    A condition without cure that manifests in deficiencies including sensory loss (e.g., vision and hearing), impairment of ability to speak, complete and partial loss of muscle control and impairment or loss of coordination of motor facilities. This condition may necessitate a lifetime of care. This condition may be caused by a loss of oxygen or physical brain trauma during a child’s birth.

  • Intracranial Hemorrhage

    Depriving a newborn child of the necessary levels of oxygen in the bloodstream may cause an internal rupture within the child’s brain and corresponding internal bleeding. This may lead to permanent damage within the brain and manifest itself in complications such as jaundice.

  • Perinatal Asphyxia

    A child may suffer permanent damage to internal organs if oxygen is disrupted or deprived. Infection, excessive blood loss or problems associated with complications of the umbilical cord may lead to perinatal asphyxia.

  • Fractured Collar Bone

    When a baby’s shoulders are placed behind the birthing mother’s pubic bone during delivery and the emergent situation is mishandled the child may be injured.

  • Spinal Injuries

    If an infant’s spinal cord is compressed or distended throughout the birthing process paralysis and other neurological damage may result.

  • Brachial Plexus Injuries

    Nerves that control sensation and movement within the infant’s body are bundled at the base of the neck. If these nerves are damaged throughout the delivery, damage can result in forms of palsy.

Why Contact Pignatelli & Associates, P.C. About a Birth Injury Case

If your family suspect that a birth injury claim may have occurred, contact the medical malpractice lawyers at Pignatelli & Associates, P.C. who will consult at no cost to evaluate your case.

When you work with our legal team at Pignatelli & Associates, P.C., no costs or fees are charged unless we are able to obtain a settlement or verdict for you and your family.

A consultation is the first step to determine whether you have a case. This consultation will consist of one or more attorneys at a location most convenient to you, including an in-home consultation at no additional cost. This consultation is entirely confidential. After the consultation there is no obligation. If we agree to work together, we will immediately and continually perform the following actions and use the extent of our resources and training to obtain justice for you and your family.


  • Acquire Patient's Medical Records

    With your authorization we will rapidly obtain and analyze records kept by hospitals and doctors throughout your medical care associated with prenatal, delivery and postnatal care.

  • In-House Medical Review

    Our administrative staff includes more than legal professionals. We also work with medical professionals including experienced nurses and social workers. These medical and healing arts professionals perform a comprehensive review of the record, noting any concerning or abnormal details.

  • Expert Consultation

    Having in-house professionals helps us to see all the important details of the file. But at times, cases may require the opinion of a medical professional with extensive experience, specialized education and intensive training to comprehensively understand. Over decades of legal practice, we have a network of independent nurses, medical professionals and doctors that will help us to understand whether a failure to meet the standard of medical care caused the birth injury.

  • Demand Settlement

    Following in-house and expert medical review and evaluation, our legal team will build the strongest case possible to obtain justice for our clients. We will consult with you and determine whether a settlement demand to the medical professional’s insurance company. In some cases, this achieves the best possible outcome for our clients. In others, when damages or liability are at issue, a lawsuit may be filed.

  • Trial

    After a consultation with you following discovery and ongoing negotiations, we may all be agreed that the best outcome may be to take the case to trial. At Pignatelli & Associates, P.C., our attorneys have tried multiple simulated jury trials from their second year of law school and are in the courtroom several days each week. Our training, education and experience will allow us to present a persuasive and powerful case on your behalf, in which we will solicit the testimony of independent expert witnesses and state-of-the-art, professionally designed exhibits.

  • Obtain and Disburse Funds

    When we obtain a settlement or verdict in favor of our clients, we immediately begin to rapidly collect and disburse the funds owed you and your family. We also engage collections and medical financial handling agencies to resolve preexisting liens that may encumber your credit or recovered funds. Our processes are designed to make this complicated and difficult process as comfortable and simple for our clients as it can be.

Contact our Experienced Attorneys