Birth Injury FAQs

A great number of medical malpractice cases are the result of incidents during labor and delivery. Unfortunately, errors do occur and many of those errors could have been avoided. Those avoidable errors are considered medical negligence and it is possible to recover damages if your family has suffered an injury because of a medical professional’s mistake.

Medical professionals need to take proper steps to ensure that the delivery is handled safely and that necessary precautions are taken to avoid a birth injury. If you believe that medical negligence occurred during your labor and delivery, you may be able to take legal action. Often, this will be the first lawsuit that a family will have come into contact with, so we have compiled a list of commonly asked questions that parents have.

Who can file a birth injury lawsuit?

Anyone who has been injured on the job or in an accident may file a lawsuit against the responsible party.

Why should I sign a contract with your firm?

Our extensive experience, knowledge, and dedication to helping the catastrophically injured have helped us recover millions of dollars for our clients. In fact, we’ve been successful in recovering more than $400 million for our clients, with dozens of cases exceeding $1 million, with our largest verdict in November 2009 of $22.3 million. But there’s another equally important reason. Simply put, we care. You can be assured that we will deliver the utmost attention, perseverance and care into helping you win your case.

How do you decide whether to take my case?

We look closely at each and every case and give it the utmost consideration. If for some reason we are not able to accept your case, we may refer you to one of our partnering law firms.

How long will it take for the case to be resolved?

Like you, we are eager to move the case forward as quickly as possible – but at a pace that will not comprise the maximum recovery for your injuries or loss. Some courts operate more quickly and efficiently than others. The complexity of the issues in your case is also a factor. Out-of-court settlements have sometimes been reached in just a few months, while more complex cases may take one or two years.

What steps will you take after I sign a contract for you to represent me?

After you sign a contract, we immediately get to work on your case. We obtain copies of your medical records and medical bills as well as gather as much evidence as possible. Once our initial investigation is complete, we will determine whether to facilitate an out of court settlement or move forward with filing a lawsuit.

Do I have to be present at the trial?

Yes. You may also be called to testify along with the defendant, witnesses and expert witnesses.

What is the importance of depositions in preparation for a trial?

Depositions, which typically take place in an attorney’s office, are a way for attorneys to get detailed information about a case. The person being deposed takes an oath to answer truthfully. Each spoken word is recorded by a court reporter, and sometimes, the deposition is videotaped.

Is everything I tell you confidential?

Yes, the rules governing practicing lawyers in Illinois state that any communication about a case or a potential case is confidential, even if the lawyer is not retained.

Will my case require an expert to testify?

Sometimes it is necessary to hire expert witnesses to testify, especially if the case involves medical malpractice or a highly technical issue. We go to great lengths to hire the best experts possible.

What is the difference between compensatory damages and punitive damages?

Compensatory damages cover the actual damages or costs to a person who has been injured or suffered a loss, while punitive damages – which are in addition to compensatory damages – cover damages against a defendant as a deterrent or punishment to redress an egregious wrong perpetrated by the defendant.

Are there limits on the amount that can be awarded to victims of medical negligence?

Not any longer. On February 4, 2010, the Illinois Supreme Court struck down the state’s medical malpractice law that put limits or “caps” on awards given to victims of medical negligence.

What is meant by a statute of limitations?

This is a law that sets forth a period of time for you to file your claim.

How do you charge for your services?

Our attorneys earn their fees on a contingency basis, meaning that the fee is based on a percentage of what you are awarded in the case. If the case is not successful, we receive no fee, nor do we receive payment for any costs that we may have incurred in preparing for your case.

How soon will I receive my settlement check?

Depending on whether there are liens associated with your settlement, probate court, and other factors, your settlement check and your proceeds should be received within 14 to 90 days after settlement is reached. It is our intention to do everything possible to get your funds to you as quickly as possible, however.

What is meant by a structured settlement?

A structured settlement is a financial or insurance arrangement that includes periodic payments as a way for a client to resolve a personal injury claim. Our attorneys can assist you with this step as part of our total care package.

What should my first step be if I think my child suffered a birth injury?

You need to seek immediate medical attention for your child if you believe they have suffered a birth injury. There are many birth injuries that are time-sensitive, which is why you need to have your child seen right away. Once you have seen a doctor, you can contact RB Law’s proficient and experienced birth injury attorneys to help you with your case.

My baby suffered a birth injury. Should I take legal action?

Some people feel awkward about taking legal action against their doctor, but if the doctor is not held responsible for their wrongdoing, there is a good chance that they can cause harm to another baby as well. If your baby suffered a birth injury that was the result of the doctor’s negligence, they should be held responsible for damages. Birth injuries can cause an enormous financial burden to families and there could be a lifetime of medical expenses that is more than most families can handle. For most families, the only way that they can provide the care that their child needs is from the compensation they get from taking legal action.

When is the right time to file a lawsuit for my baby’s birth injury?
After your child has been diagnosed with a birth injury, you should contact an attorney as soon as possible to protect your family’s best interests. Once the hospital knows about the birth injury, they will usually try to send a representative to talk with you about the injury and will try to get you to settle. However, only a proficient birth injury attorney will be able to provide you with sound legal counsel and let you know how much your child’s birth injury is going to cost in terms of medical expenses for the rest of their life. You will be able to protect your family best by immediately contacting an attorney.

How long will a trial take regarding my child’s birth injury?
The amount of time a trial can take will vary and there are some trials that can take years until the case is resolved. It will usually be dependent on what kind of birth injury your baby has and what kind of documentation you have to support your case.

What kind of documentation do I need to support my case?
You will want to compile any paperwork that you received from both the hospital and any other medical staff. It is important to have as much documentation showing what your baby’s health was during the pregnancy. You will want to try and have the names of every member of the medical staff that you came into contact with and should try to remember the details of the birth exactly as they occurred.

Will I need any witnesses for my birth injury case?
A witness can either be very helpful to your case, or could be a waste of time. It is not good to have a witness who just thinks they heard or saw something. You do not want to have subjective testimony. A helpful witness would be someone who absolutely heard the medical professional admit to making a mistake, or a witness who actually saw the mistake firsthand.

If I have more questions, can I talk to you free of charge?

Absolutely. We welcome your calls or if you prefer, send us an email at

Free Consultation with a Chicago Birth Injury Attorney

Contact the Chicago Birth Injury lawyers at Romanucci & Blandin for a free consultation if you or a family member has suffered a birth injury.

Call (888) 458-1145 or email us at , 24 hours a day 7 days a week.

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