You Suspect Your Child Has a Birth Injury. What Do You Do Next?

Seeking the advice of a birth injury lawyer might seem scary or confusing at first, but trusted professionals can help parents figure out their potential legal options.

One mistake can change your life forever. One mistake may be all it takes for your newborn baby to potentially suffer for the rest of his or her life. One mistake may lead your family to a lifetime of financial burdens and stress. This one mistake made during your labor or delivery — or shortly after your baby was born — may have been preventable.

It’s called a birth injury and it may result in several issues such as cerebral palsy, Erb’s palsy, brain injuries and more. Children who suffer from birth injuries may need special equipment, different therapies — like occupational therapy, speech therapy, physical therapy or aquatic therapy, to name a few — and other services that insurance typically does not cover.

“The costs associated with special care for children injured at birth can quickly add up,” says Lisa Weinstein, principal at Grant & Eisenhofer P.A. Weinstein and the birth injury litigation team are very familiar with the struggles that families face because of a birth injury. And they work to help families get the compensation they deserve.

If you think your child had a traumatic birth that led to a birth injury, there is help — but don’t delay. Each state has a statute of limitations, which is the period of time during which you can file a claim.

Not sure how to get started? Here, Weinstein offers some tips for families.

Expert help

Giving birth and having a newborn is often overwhelming enough, but the added stress of a medical diagnosis that could have been prevented can be too much. Could you receive compensation for this mistake — and cover lifelong expenses related to your child’s birth injury?

If you’re looking for help, you’ll probably start with an online search.

You will want to find the right birth injury lawyer. Seek an expert lawyer with a special focus in birth injury litigation, Weinstein says.

Grant & Eisenhofer fits this bill because it has a specific practice dedicated to birth injury litigation and has a proven record of advocating for children with birth injuries.

“What sets our birth injury group apart from most personal injury malpractice attorneys is that’s all we do. It’s a niche practice,” she says. “Our team only does obstetrical malpractice, so ideally you want to look for somebody who does this exclusively because they are going to know a lot about it.”

Next, reach out to the firm to schedule a consultation. You can request a free consultation with Grant & Eisenhofer, and the team may set up a phone or Zoom call to discuss your personal situation.

Tell an attorney your story

“There is nothing you really need to do to be prepared to see if you have a case,” Weinstein says. “You’ll just want to sit down with the attorney and tell your story.”

It’s important to know that for most firms, you don’t have to pay anything to the attorney unless you win the case (for instance, there is a settlement or plaintiff verdict).

From there, the attorney will request any medical records if they determine that you have a case. Grant & Eisenhofer has a labor and delivery nurse on staff who reviews these medical records. If the nurse flags an issue, those records will be sent to several experts for more review.

“We only use (medical experts) who are actively practicing,” Weinstein says. “We use the best of the best across the country.”

If the experts agree that a mistake was made during the prenatal period, labor, delivery or shortly thereafter, your birth injury lawyer will file a lawsuit with the court. These cases can take time to litigate, Weinstein says, and this timeline depends on the state you’re living in.

Grant & Eisenhofer’s attorneys are located in Chicago, but they can help you better understand what to expect in your state because they work with families all over the United States.

For more information, visit or contact Grant & Eisenhofer P.A. online.  Attorney Advertising. 30 N. LaSalle Street Chicago, IL 60602. Prior results do not guarantee a similar outcome.


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