Chicago Birth Injury Lawyer
When something goes wrong before, during, or after your baby's birth, the questions your family faces are overwhelming — financial, medical, and emotional all at once. If a preventable injury during delivery has affected your child, Ori Law Group can help. We are a women-owned boutique firm in Oak Brook, and Joe and Kristen Ori handle every birth injury case personally — no junior associate hand-off, no call-center intake. We cannot undo what happened to your child. What we can do is review the medical records, work with the right medical experts, and help your family hold the responsible providers accountable so your child has the resources they need for a lifetime. We serve families across Chicago and the Cook, DuPage, Will, and Kane County communities.
If you believe a preventable injury during your child’s birth has changed the course of their life, you are likely living with a mix of grief, exhaustion, and a question that won’t quiet down: could this have been prevented? You don’t have to answer that question alone, and you don’t have to answer it today. At Ori Law Group, Kristen and Joe Ori sit with families in exactly this place, listen to what happened, and look — carefully and honestly — at the medical records to find out whether the care your family received met the standard it should have.
These are among the most demanding cases in personal injury law, and they turn on medical evidence: the fetal heart-rate monitoring strips, the timing of every decision in the delivery room, the notes the nurses kept, and your child’s newborn records. Kristen leads our litigation with a focus on exactly this evidence, working alongside qualified physicians and life-care planners to determine whether a careful provider would have acted differently — and what your child will need over a lifetime. Because Illinois requires a written report of merit from a qualified health professional before a malpractice suit can even be filed (735 ILCS 5/2-622), this medical work comes first, and we do it before asking your family to commit to anything.
We want you to hold onto one piece of reassurance: under Illinois law, families of an injured child usually have far more time than they expect. A child’s medical malpractice claim can generally be brought up to eight years from the negligence — with an absolute cutoff at the child’s 22nd birthday — under 735 ILCS 5/13-212(b). If you’ve been carrying this worry for a while, it is very often not too late to have the records reviewed. The one exception that calls for speed is a birth at a public or government hospital, where a much shorter deadline can apply.
Ori Law Group is a women-owned boutique firm, and that’s the whole point of how we work these cases. Joe and Kristen handle every birth injury matter themselves — no hand-off, no call center — and they bring more than $150 million recovered for injured clients, including a $10 million result for a child affected by a late-diagnosed birth condition. We can’t change what happened to your child. We can help your family understand it, hold the responsible providers accountable, and secure the resources your child needs for the years ahead. When you’re ready, call Joe or Kristen at (312) 621-0000. The consultation is free, there’s no upfront cost, and we serve families throughout Cook, DuPage, Will, and Kane Counties.
Attorney advertising. Prior results do not guarantee a similar outcome. Ori Law Group is responsible for the content of this website.
What to Do After Your Accident
- Focus first on your child — keep every appointment, follow the treatment plan, and let the medical team do their work. Your child's care comes before anything legal.
- Request a complete copy of the medical records — the prenatal chart, labor and delivery notes, fetal heart-rate (monitoring) strips, and your child's newborn and NICU records. Hospitals must provide them, and these documents are the heart of any case.
- Write down what you remember while it's fresh — what you were told during labor, who was in the room, when concerns were raised, and how long things took. Small details can matter a great deal later.
- Keep a folder of everything — bills, therapy records, diagnoses, equipment, and notes about how the injury affects your child's daily life and your family's.
- Be cautious about signing anything from the hospital or its insurer, and avoid giving a recorded statement before you've spoken with an attorney.
- Talk to a lawyer well before any deadline. Illinois gives families of an injured child more time than most people expect, but evidence is easiest to preserve early.
Common Causes & Types
- Cerebral palsy (CP) — a lifelong movement and posture disorder, often linked to oxygen deprivation or brain injury around the time of birth.
- Erb's palsy and brachial plexus injuries — nerve damage to the arm and shoulder, frequently caused when a shoulder becomes stuck during delivery and is pulled too forcefully.
- Hypoxic-ischemic encephalopathy (HIE) and oxygen deprivation — brain injury caused when the baby is deprived of oxygen before or during birth — a leading cause of cerebral palsy.
- Shoulder dystocia — an emergency where the baby's shoulder lodges behind the mother's pelvic bone, which can lead to nerve injury or oxygen loss if mishandled.
- Delayed or failed C-section — when signs of fetal distress are missed or ignored and a needed Cesarean section is performed too late.
- Untreated jaundice and kernicterus — when severe newborn jaundice goes unmonitored and untreated, allowing bilirubin to rise to levels that cause permanent brain damage.
Who Can Be Held Liable
- The obstetrician (OB-GYN) who managed the pregnancy, labor, or delivery
- The hospital or birthing center, for corporate negligence and for the staff it employs
- Labor and delivery nurses who failed to monitor, escalate, or respond to fetal distress
- The anesthesiologist, for errors related to an epidural or anesthesia during delivery
- A midwife, neonatologist, or other provider whose care fell below the accepted standard
Injuries We Handle
- Cerebral palsy
- Hypoxic-ischemic encephalopathy (HIE) and brain injury
- Erb's palsy, Klumpke's palsy, and brachial plexus injuries
- Brain bleeds and intracranial hemorrhage
- Kernicterus from untreated jaundice
- Spinal cord and nerve injuries
- Skull fractures and facial nerve injuries from forceps or vacuum delivery
- Developmental and intellectual disabilities
- Seizure disorders
Illinois Law & Deadlines
Damages You Can Recover
- Lifetime medical care — surgeries, therapy, medication, and in-home nursing
- Specialized equipment, assistive technology, and home modifications
- Special education and early-intervention services
- Your child's lost or diminished future earning capacity
- Past and future out-of-pocket costs the family has carried
- Your child's pain, disability, disfigurement, and loss of a normal life
- The emotional toll the injury has placed on your family
How the Legal Process Works
- Free consultation & records gathering
We listen to your family's story, explain how Illinois birth injury claims work, and begin gathering the prenatal, labor, delivery, and newborn records — all at no cost and no upfront expense.
- Medical records review with experts
Kristen leads a careful review of the medical evidence, working with qualified physicians and life-care planners to determine whether the standard of care was met and what your child will need over a lifetime.
- Report of merit & filing
Illinois requires a written report from a qualified health professional confirming the claim has merit before suit can be filed (735 ILCS 5/2-622). We prepare that affidavit and file your case.
- Litigation & resolution
We build the case to be tried, not just settled — negotiating from a position of strength and taking the case to trial when that's what your child's future requires.
Birth Injury vs. Birth Defect — and Why the Difference Matters
Parents often arrive at this question first, and it's an important one. A birth defect is a condition that develops as the baby forms in the womb — usually from genetics or a developmental issue — and is often nobody's fault. A birth injury is harm that happens to the baby before, during, or shortly after delivery, frequently because something in the medical care went wrong.
The distinction matters because a birth injury that resulted from negligent care may give your family the right to recover the cost of a lifetime of care. A birth that simply did not go as hoped is not the same as a birth that was mishandled. Sorting out which situation you're in takes a close look at the medical records — which is exactly where we start, at no cost to you.
It's also important to know that not every difficult delivery or disappointing outcome is the result of malpractice. Childbirth carries real risk even with excellent care. The question is whether the providers did what a reasonably careful provider would have done — and answering that honestly is part of our job before we ever ask you to commit to anything.
How Negligence Is Proven in an Illinois Birth Injury Case
A birth injury case is a medical malpractice case, and Illinois law requires us to prove four things: that the provider owed your child a duty of care, that the care fell below the accepted medical standard, that this failure caused the injury, and that real harm followed.
Proving this is medical work as much as legal work. We obtain the fetal heart-rate monitoring strips, the labor and delivery notes, the timing of every decision, and the newborn records, then work with qualified physicians who can explain what a careful provider should have done — and what should have been done sooner. Common failures include misreading fetal distress, waiting too long to perform a needed C-section, mishandling a shoulder dystocia, and failing to monitor and treat severe newborn jaundice.
Before a birth injury suit can even be filed in Illinois, the law requires a written report of merit from a qualified health professional confirming the claim has a reasonable basis (735 ILCS 5/2-622). This is why the medical-evidence work has to come first — and it's the part of these cases Kristen Ori focuses on.
How Long Your Family Has to Act Under Illinois Law
This is the most reassuring thing we can tell many parents: Illinois gives families of an injured child far more time than they expect. While an adult's medical malpractice claim generally must be filed within two years, a child's claim can generally be brought up to eight years from the negligence — with an absolute deadline at the child's 22nd birthday — under 735 ILCS 5/13-212(b). If you've been carrying a worry for months or even years, it is very often not too late.
There are important exceptions that work the other way, though. If the hospital is a county or municipal facility — such as Cook County Health or Stroger — a strict one-year deadline can apply, and the child's longer window does not extend it. Claims involving state or federally funded hospitals follow their own notice rules. Because these shorter deadlines can be easy to miss, the safest step is simply to ask early.
Why Choose Ori Law Group
Ori Law Group is a women-owned, two-attorney boutique firm in Oak Brook, and birth injury is the kind of case our size is built for. Kristen Ori leads our litigation with a focus on the medical evidence at the center of these claims — the monitoring strips, the timing of decisions, and the standard of care — and works directly with the physicians and life-care planners whose work makes or breaks a case. Joe and Kristen handle every birth injury matter personally, from the first conversation through resolution; you will never be passed to an intake screen or a rotating cast of associates. With more than $150 million recovered for injured clients — including a $10 million result for a child affected by a late-diagnosed birth condition — we have the experience these cases demand and the personal attention a grieving family deserves.
Case Results
Recovered for a 6-year-old child who sustained an anoxic brain injury following a prescription error.
Recovered for a 50-year-old victim of hospital and medical negligence.
Awarded to a minor for a late-diagnosed birth condition involving medical negligence.
Awarded to a 60-year-old victim of medical malpractice stemming from a knee replacement procedure.
Prior results do not guarantee a similar outcome. See more results →
Frequently Asked Questions
Is it too late to do anything about my child's birth injury?
Very often, no. Illinois gives families of an injured child much more time than most people expect. While an adult's medical malpractice claim generally must be filed within two years, a child's claim can usually be brought up to eight years from the negligence — with an absolute deadline at the child's 22nd birthday — under 735 ILCS 5/13-212(b). One important exception: claims against a county, municipal, state, or federally funded hospital can carry a much shorter deadline, sometimes one year. If you're unsure, the safest step is to ask us early so nothing is missed.
How do I know if my child's injury was caused by medical negligence?
The honest answer is that it takes a careful review of the medical records to know. Not every difficult birth or hard outcome is malpractice — childbirth carries real risk even with excellent care. What we look for is whether the providers did what a reasonably careful provider would have done: reading fetal distress correctly, acting on it in time, performing a needed C-section without delay, and treating conditions like severe jaundice. We review the records and work with medical experts to answer that question, at no cost to you.
What is a birth injury case worth?
It depends entirely on your child's injury and the lifetime of care it requires. These cases often involve the highest damages in personal injury law because the costs span a child's whole life — medical care, therapy, specialized equipment, home modifications, special education, lost future earning capacity, and your child's pain and loss of a normal life. We work with life-care planners and economic experts to calculate the full, lifelong cost, then give your family an honest assessment after reviewing the records.
My child was diagnosed with cerebral palsy. Could it have been prevented?
Sometimes. Cerebral palsy can result from causes that no one could have prevented — but it is also frequently linked to oxygen deprivation or brain injury around the time of birth (HIE), which can be the result of negligent care, such as a missed sign of fetal distress or a C-section performed too late. A CP diagnosis alone does not tell you whether malpractice occurred; the medical records do. We review them carefully to find out whether the injury was preventable.
What does it cost to hire Ori Law Group for a birth injury case?
There is no upfront cost. We handle birth injury cases on a contingency basis — we are paid only if we recover for your child, as a percentage of the recovery — and your consultation is free. You pay nothing out of pocket to have us review the records and tell you where your family stands.
What is a 'report of merit,' and why does my case need one?
Illinois law (735 ILCS 5/2-622) requires that before a medical malpractice suit can be filed, an attorney must file an affidavit along with a written report from a qualified health professional confirming the case has a reasonable and meritorious basis. It's a safeguard built into Illinois law, and it's why the medical-evidence review has to come first. Handling this carefully is a core part of how we prepare a birth injury case.
Who can be held responsible for a birth injury?
Depending on what the records show, responsibility may rest with the obstetrician who managed the delivery, the hospital or birthing center, the labor and delivery nurses, the anesthesiologist, or another provider involved in your child's care. Hospitals can be responsible both for their own corporate negligence and for the staff they employ. Part of our investigation is identifying every provider whose care fell below the accepted standard.
Will Joe or Kristen personally handle my family's case?
Yes. As a women-owned, two-attorney boutique firm, Joe and Kristen work directly with your family from the first conversation through resolution. Kristen leads the litigation and the medical-evidence review at the heart of these cases. Your calls reach the attorneys actually working your file — not an intake screen or a junior associate.
Do I have to come to your Oak Brook office?
No. We meet families by phone, by video, at our Oak Brook office, or wherever is easiest for you — including your home. We serve families throughout Cook, DuPage, Will, and Kane Counties, and we understand that the last thing a family caring for an injured child needs is one more place to be.
Legally reviewed by Joseph and Kristen Ori · Last reviewed June 24, 2026. This page is attorney advertising and is for general information only — it is not legal advice and does not create an attorney–client relationship.
Worried Something Went Wrong During Your Child's Birth?
Talk with Joe or Kristen — a free, confidential review of the records, with no upfront cost and no pressure. Call (312) 621-0000 whenever you're ready.