When Does a Birth Injury Warrant Medical Malpractice in Illinois?

 Posted on April 11, 2025 in Medical Malpractice

Despite the pain associated with it, giving birth is meant to be one of the most joyful days of your life. Your health and the health of your baby are in the hands of doctors and other medical staff that you trust. No one anticipates a birth injury. However, they do happen, and sometimes they happen as the result of negligent healthcare workers.

If you or your baby suffered an injury during birth because of someone else’s reckless care, you may have the chance to recover damages through a medical malpractice claim. An Illinois birth injury attorney can guide you through the legal requirements to file a lawsuit and help you build a strong case.

What Are Some Common Malpractice Birth Injuries to Babies?

Some birth injuries to the baby can result from unavoidable medical complications and would not qualify as medical malpractice. Injuries that may warrant a personal injury claim include:

• Cerebral palsy is often the result of a brain injury that occurs before, during, or immediately after birth.

• A prolapsed umbilical cord occurs when the cord comes through the cervix, cutting off oxygen to the baby and requiring an emergency response.

• A vacuum delivery can cause skull fractures, scalp wounds, and brain injuries if administered improperly.

• Facial nerve palsy can result from trauma that occurs during birth, resulting in facial paralysis that can be temporary or permanent.

• HIE is a birth injury that has mild, moderate, and severe levels measured by the amount of brain damage incurred during birth.

This is not a comprehensive list of potential birth injuries, but each of them can be the result of medical professionals' failure to abide by the standards of care required of them.

What Are Some Common Malpractice Birth Injuries to Mothers?

Mothers are at risk for serious injuries during birth as well. A common malpractice complaint is unnecessary C-sections. While these surgeries are sometimes life-saving, they can also lead to unique complications. Doctors sometimes push for them unnecessarily just to make the birth more convenient for them.

Improperly administered epidurals are another common injury that can result in nerve damage and have lasting negative effects on a mother’s quality of life. Yet another related to negligence is uterine rupture. This life-threatening condition can happen during childbirth and result from incorrectly administering labor-inducing medication or failing to monitor a high-risk pregnancy.

Why Are Medical Malpractice Cases Challenging?

In Illinois, you can report medical malpractice to the state’s Department of Insurance, but it can be difficult to prove that a healthcare professional acted irresponsibly. It requires the testimony of other healthcare providers, which can be expensive. Additionally, you have to prove that the negligent action directly caused the injury. Again, only a qualified medical expert can testify to whether or not there is a direct link between the doctor’s actions and the injury sustained. These cases can be won, but they require careful consideration and a thorough understanding of the laws that govern them.

Schedule a Free Consultation With a Kane County, IL Medical Malpractice Lawyer

If you have been impacted by a birth injury or lost a loved one because of a medical professional’s negligence, you can call 630-907-0909 to schedule a free consultation with an Aurora, IL medical malpractice attorney at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. We understand the devastation these cases can cause and are passionate about offering our experience to seek justice for our clients.