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What Must be Proved to Win an Illinois Birth Injury Lawsuit?

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Walner Law®

January 26, 2014

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Children who survive birth injuries often have special needs for their entire lives. In Illinois, compensation for your child’s birth injuries can pay for their long-term medical care, physical therapy, and educational needs. If your child’s injuries have forced you to quit your job so that you can stay at home and care for your child, a birth injury lawsuit can be the means of paying your bills. In order to win a birth injury lawsuit in Illinois, there are four basic elements that you must prove.

Duty of Care

You must prove that the defendant’s medical provider had a duty to provide medical care to your child. For instance, if you are suing your obstetrician for medical malpractice, you’ll need to show that you had a doctor/patient relationship. If you sought emergency care, when the time came to have your baby, you may need to demonstrate the nature of the relationship with the doctors, nurses, other staff, or the facility.

Breach of Duty

The care you received was below the accepted standard of care, constituting medical negligence. You don’t have to figure out or explain that standard. We work with medical experts who handle that.

Negligence Caused Your Baby’s Injury

It is not sufficient to prove that the doctor, staff, or facility was negligent. You must show that the breach of duty directly caused your child’s injuries.


Finally, you must prove that you or your child suffered physical and financial harm as a result of the negligence and resulting injury, meaning medical bills, pain and suffering, and other harm. Your existing economic damages, such as the medical expenses you have already incurred, are the easiest to prove. You will also ask for future medical expenses, which will be estimated based on the nature and severity of your child’s injuries. Non-economic damages include physical pain and suffering, disfigurement, loss of enjoyment of life, and more.

If you have questions about Illinois birth injury lawsuits, please call Walner Law today at (312) 313-2888. 

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