How Are Medical Experts Used in Birth Injury Lawsuits?

 Posted on November 05, 2026 in Birth Injury

Birth injury claims can be complicated, as patients need to prove that they suffered due to a medical provider’s improper care. Illinois sets a high bar to succeed in these claims, which means that families often need to seek outside help from a medical expert. If you are considering filing a birth injury claim, reach out to a Chicago, IL birth injury attorney who can help you build a case.

At Birth Injury Law Alliance, Ltd., we regularly work with medical experts in birth injury claims, using their insights to support our clients’ claims. Our thorough approach has resulted in a track record of success, with multiple six- and seven-figure settlements and verdicts secured over our firm’s history.

What Kinds of Medical Experts Are Usually Brought in for Birth Injury Claims?

Medical experts in birth injury claims are doctors and other health care professionals who explain what went wrong during pregnancy, labor, or delivery. The right expert depends on the injury and on who provided the care. One case may need several of them. Common types include:

• Obstetricians: These doctors review how the mother was monitored and how the delivery was handled. They can speak to choices like when a C-section should have been ordered.

• Maternal-fetal medicine doctors: These doctors care for high-risk pregnancies. They can explain whether warning signs, such as preeclampsia, should have been caught.

• Labor and delivery nurses: A nurse can review how staff read fetal heart monitor strips and whether changes were reported to the doctor in time.

• Neonatologists: These doctors care for newborns. They can explain whether the baby received proper care right after birth.

• Pediatric neurologists: These doctors treat brain and nerve conditions in children. They can connect conditions like cerebral palsy to events during delivery.

• Radiologists: These doctors read MRI and CT scans, which can show when a brain injury likely happened.

Some cases also call for experts on future needs. A life care planner can estimate the therapy, equipment, and home care a child may need. An economist can put a dollar amount on those costs.

Why Are Medical Experts Needed for Birth Injury Claims in Illinois?

Medical experts are needed for Illinois birth injury claims for two main reasons. First, Illinois law requires a medical review before the case can be filed. Under the state’s merit requirement (735 ILCS 5/2-622), the attorney filing a medical malpractice lawsuit must attach an affidavit to the complaint. The affidavit states that the attorney consulted with a qualified health professional who reviewed the case. That reviewer must write a report finding a "reasonable and meritorious" reason for filing the lawsuit. The report is attached as well.

The reviewer cannot be just any doctor. Illinois expects the reviewer to know the area of medicine involved. This person should practice, teach, or have recently practiced in the same field as the provider being sued. When the claim is against a doctor, the reviewer generally must also be a licensed physician.

Leaving out the affidavit or report can lead to the case being dismissed. The law does allow extra time in some situations, such as when the filing deadline is close or when a provider is slow to hand over records.

Second, a judge or jury will need help understanding the medical terms. Most people do not know how to read a fetal heart monitor strip, for instance. Experts explain these things in plain language so the people deciding the case can follow along.

What Can Expert Testimony Reveal in a 2026 Birth Injury Claim?

Expert testimony in a birth injury claim can explain what the medical team should have done and what they actually did. This is called the standard of care. An expert compares the care given to the care a careful provider in the same field would have given. A gap between the two may point to negligence.

Expert testimony can also link the mistake to the injury. This link is called causation, and it is often the hardest part of a birth injury case. A hospital may argue that the baby’s condition came from genetics or an infection, not from the delivery. A pediatric neurologist or radiologist may be able to show that the timing and pattern of the injury fit a delayed delivery or a loss of oxygen during labor.

Experts can also explain how the injury will affect the child’s future. A child with a brain injury may need years of therapy, special schooling, and care into adulthood. Testimony about these needs helps show the full value of the claim. Without it, a jury may only see the bills paid so far.

Can a Birth Injury Attorney Help You Find a Medical Expert? 

A birth injury attorney can help you find a medical expert, and in most cases, the attorney handles that search for the family. Parents are not expected to know which doctors review cases or how to reach them. Firms that handle birth injury claims often work with medical professionals across many fields.

Finding the right expert takes more than a phone call. The expert needs real training and experience in the area at issue. They also need to explain their opinions clearly and hold up under tough questions from the hospital’s lawyers. An attorney can screen experts for these qualities before the case moves forward. If you have questions about how expert costs are handled, ask during your first meeting.

Should You Hold On to Medical Records for a Birth Injury Claim?

Holding on to medical records for a birth injury claim is one of the most helpful things a family can do. Experts build their opinions from these records. Without them, even a strong case can be hard to prove.

Keep every record you have from the pregnancy, labor, delivery, and your child’s care after birth. This includes prenatal visit notes, ultrasound reports, discharge papers, test results, and bills. Save letters from the hospital or insurance company, too. If you wrote notes about what happened in the delivery room, keep those as well.

You have the right to request copies of your records and your child’s records. Ask early. Hospitals can take weeks to respond, and some records, like fetal monitor strips, may be stored separately. Your attorney can also send formal requests.

Contact Our Chicago, IL Birth Injury Attorneys

At Birth Injury Law Alliance, Ltd., we work with qualified medical professionals to review what happened during your child’s birth and build a claim supported by evidence. We listen to your concerns and keep you informed at every step. Contact our Cook County, IL infant injury lawyers or call 312-462-4200 to schedule a free consultation.