Can Epilepsy Be Caused by Birth Injuries?

 Posted on March 08, 2026 in Birth Injury

Generally, our brains use electrical signals in an organized fashion, sending messages from one part of the brain to another and allowing us to move our limbs, talk, think, and carry out daily activities. Epilepsy is a neurological condition that causes recurring seizures. These seizures occur when sudden bursts of electrical activity in the brain disrupt normal brain function. Normal thought patterns and certain physical functioning shut down until the seizure ends.

The causes and severity of epilepsy can vary dramatically. It is not always possible to identify the cause of epilepsy, but certain injuries can increase the risk of chronic seizures. At Birth Injury Law Alliance, Ltd., our Cook County, IL infant injury attorneys can work to identify the cause of an injury and seek accountability for harm done to your child. We have secured numerous multi-million dollar case results, which we owe to our aggressive advocacy and thorough investigations.

What Kinds of Birth Injuries Cause Seizures? 

Some medical conditions that lead to seizures cannot be prevented, even with proper care. Others, however, occur because of careless or negligent behavior on the part of doctors, nurses, or midwives. Possible causes of seizures resulting from childbirth may include, but are not limited to:

• Prolonged or difficult labor
• Complications during breech position delivery
• Premature birth
• Oxygen deprivation, or asphyxia
• Serious infections affecting the brain, such as meningitis or encephalitis
• Hypoxic-ischemic encephalopathy 

It can be difficult to determine whether your child’s seizures are caused by a birth injury. When your child first begins experiencing seizures, it is important to see a physician to obtain a formal diagnosis. Tests may include an electroencephalogram (EEG), magnetic resonance imaging (MRI), or computed tomography scan (CT scan).

In addition to the seizures, it is essential to inform your doctor about any unusual or abnormal behaviors from your child. Concerning symptoms may include muscle spasms, lethargy, and difficulty breathing or eating. You should also keep watch for developmental delays.

My Baby is Already Hurt. How Can a Lawyer Help? 

Epilepsy is often a very expensive, difficult condition to treat. Over time, this can pose a major financial burden for the child in need and his or her family. 

A birth injury lawsuit may help parents recover compensation for these expenses. However, even if you know that a hospital was responsible for a birth injury, proving it in a personal injury claim can be an uphill battle. An attorney can investigate what happened and take the steps needed to pursue justice for your child.

Estimating the Long-Term Impact of Epilepsy in a Newborn

When a newborn develops epilepsy due to a birth injury, the effects may last for a lifetime. For parents, this means planning not just for the next few months, but for years or even decades of treatment and support.

Many children with epilepsy need long-term care from neurologists and other specialists. They may require regular EEG testing and brain imaging to help control seizures. Not all children respond well to medication. Some children may need more complex treatment plans to account for drug-resistant epilepsy.

Epilepsy can also affect a child’s development. Frequent seizures or brain injury may lead to learning difficulties. Other children with epilepsy may struggle with motor control or speech delays. A child may need special education services, therapy, or assistive devices throughout adolescence.

Families must also consider daily safety concerns. Parents often need to monitor activities such as bathing, swimming, or climbing. Even ordinary childhood activities may require extra precautions to prevent injury.

What Compensation Can You Get for a Birth Injury Resulting in Epilepsy in 2026?

A successful claim may factor in damages for medical expenses already incurred as well as projected future medical costs. These expenses often include neurologist visits, hospital care, medications, therapy, and medical equipment.

Compensation may also account for the long-term care a child will need. Some children with epilepsy require in-home care or assistance with daily activities as they grow older. These costs can add up over a lifetime. In addition, families may seek damages for pain and suffering. Seizures can be frightening and physically exhausting for a child. They may also limit the child’s independence and quality of life.

Parents may also recover compensation for the financial strain placed on the family. For example, a parent may have to reduce work hours or leave a job entirely to care for the child. A legal claim can help address these losses and provide financial stability for the child’s future.

Knowing the worth of your claim is important. When confronted with evidence of wrongdoing, a hospital or insurance company may try to resolve the matter with a quick settlement. If you accept an inadequate settlement offer, you lose the right to ask for more compensation later.

Statute of Limitations for Birth Injury Claims in Illinois

Illinois law limits the amount of time families can file a medical malpractice lawsuit. In most medical negligence cases, a claim must be filed within two years of the date the injury was discovered or reasonably should have been discovered.

However, birth injury cases involving children often have different deadlines. The law recognizes that some injuries may not be immediately obvious and that parents need time to understand what happened.

For minors, Illinois generally allows claims to be filed up to eight years after the negligent act. No matter what, the case must usually be filed before the child turns 22 (735 ILCS 5/13-212). This extended timeline can be important when epilepsy or other neurological issues only become apparent later.

Even with these extended deadlines, waiting too long can make a case more difficult to prove. Medical records may become harder to obtain, and witnesses may forget important details. If you suspect a birth injury caused your child's epilepsy, be sure to see a lawyer as soon as possible. Waiting too long can jeopardize your claim.

Contact a Chicago, IL Birth Injury Attorney

Birth injuries can affect a child for life. That is why it is important to work with an attorney who takes your case seriously. At Birth Injury Law Alliance, Ltd., our Cook County, IL infant injury lawyers can investigate what happened, gather records, and pursue every available legal option. Call our offices today at 312-462-4200 to schedule a free consultation.