Blog

When malpractice results in birth injury

Injuries that occur during the labor and delivery process or just after childbirth can cause serious long-term disabilities. While some injuries are minor, others result in physical and cognitive health issues.

Sometimes, negligence by a health care provider constitutes medical malpractice when a child suffers a birth injury. The family may have a legal claim to cover medical bills and other costs.

Types of birth injury malpractice

Birth injuries can occur because of these negligent actions or failures by a member of the health care team:

  • Lack of proper monitoring of the mother and fetus during labor and delivery
  • Failure to detect a defect, complication or communicable disease
  • Lack of proper response to a life-threatening development during labor and delivery, such as emergency cesarean section, umbilical cord complications, loss of oxygen or excessive bleeding
  • Inappropriate or incorrect use of assistive devices during labor, such as a vacuum or forceps

Requirements for a malpractice claim

The plaintiff in a birth injury claim must show that the doctor or nurse caring for the mother and infant did not adhere to a reasonable level of care. Typically, a medical expert in obstetrics and gynecology provides testimony in a malpractice case involving birth injury.

Illinois residents can file a medical malpractice claim within two years of the injury date or the diagnosis date when the injury. Those acting on behalf of a minor may have additional time to file a lawsuit. The court may award financial damages that cover pain and suffering, loss of earning capacity, current and future medical bills, and other expenses that result from the birth injury.

 

Archives

HOW CAN WE HELP?

Free Consultations | No Upfront Fees