Can You Sue for Medical Negligence During Childbirth? Here’s What You Need to Know

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Having a baby should be one of the happiest moments of your life. But when something goes wrong during childbirth because of a doctor’s or nurse’s mistake, it can lead to serious injuries for both mom and baby.

If your child was hurt during birth due to a medical error, you might be able to sue for medical negligence.

Yes, You Can Sue for Medical Negligence During Childbirth in Illinois

In Illinois, you can file a lawsuit against doctors, nurses, hospitals, and other medical staff who made mistakes during your pregnancy, labor, or delivery. This is called a medical malpractice lawsuit. These cases help families get money to pay for their child’s medical care, therapy, and other needs that come from birth injuries.

The money you might receive can help cover current medical bills, future treatments, special equipment, and the emotional pain your family has gone through.

Types of Medical Negligence During Childbirth

Medical negligence during childbirth can take many forms. Here are some common mistakes that might lead to a lawsuit:

Failure to monitor: Not properly watching mother and baby for signs of distress during labor.
Delayed C-section: Waiting too long to perform a needed cesarean section.
Improper use of tools: Using forceps or vacuum extractors incorrectly.
Medication errors: Giving wrong medications or wrong doses during labor and delivery.
Failure to diagnose: Missing important conditions like preeclampsia, gestational diabetes, or a baby that’s too large for safe delivery.
Poor communication: Not sharing important information between nurses, doctors, and other medical staff.

Each of these mistakes can lead to serious injuries that might have been prevented with proper care.

Common Birth Injuries Caused by Medical Negligence

Birth injuries range from mild issues that heal on their own to severe problems that affect a child for life. Some common birth injuries caused by medical mistakes include:

Brain injuries: When a baby doesn’t get enough oxygen during birth, it can lead to brain damage, cerebral palsy, or other problems.
Brachial plexus injuries: These nerve injuries in the shoulder and arm can happen when too much force is used to deliver a baby.
Broken bones: Difficult deliveries can sometimes lead to fractured collarbones or other bones.
Spinal cord injuries: Improper use of delivery tools or poor handling can damage a baby’s spine.
Facial paralysis: Pressure on a baby’s face during delivery can damage nerves.

When these injuries are caused by a medical mistake rather than natural causes, you may have grounds for a lawsuit.

Who Can Be Sued for Birth Injuries?

Depending on what went wrong during childbirth, you might be able to sue:

Doctors: Obstetricians, gynecologists, and other physicians involved in your care.
Nurses: Labor and delivery nurses, nurse midwives, and other nursing staff.
Hospitals: The medical facility where you gave birth.
Anesthesiologists: Doctors who administer pain medication during labor.
Medical device companies: If a defective medical device caused the injury.

In many cases, more than one person or entity might be responsible for what happened to your baby. A birth injury lawyer can help you figure out who should be named in your lawsuit.

The Statute of Limitations for Birth Injury Cases

In Illinois, the statute of limitations for birth injury cases is different from other medical malpractice claims. For birth injuries, you generally have:

Up to 8 years after the child’s birth to file a lawsuit.
If the child has a disability caused by a birth injury, the time limit may extend until the child turns 22.

However, it’s still best to talk to a lawyer as soon as you suspect a problem. Waiting too long can make it harder to gather evidence and build a strong case. Missing these deadlines could mean losing your right to sue, so don’t delay getting legal advice.

Types of Compensation You Can Receive

If your case is successful, you may receive money for:

Medical expenses: Past, current, and future medical bills related to the birth injury.
Therapy costs: Physical therapy, occupational therapy, speech therapy, and other treatments.
Specialized equipment: Wheelchairs, braces, modified vehicles, or home modifications.
Lost wages: Money parents lose from taking time off work to care for their injured child.
Pain and suffering: Compensation for physical pain and emotional distress.
Reduced quality of life: Money for limitations on your child’s ability to enjoy life.

The amount of compensation varies greatly depending on the severity of the injury and its impact on your child’s life.

Frequently Asked Questions About Birth Injury Lawsuits

How do I know if my child’s birth injury was caused by medical negligence?

It can be hard to tell if a birth injury was caused by a medical mistake or just bad luck. Some signs that negligence might have occurred include sudden emergency situations during delivery, medical staff seeming unprepared or panicked, or doctors not explaining what went wrong. A birth injury lawyer can have medical experts review your records to determine if proper procedures were followed.

Can I still sue if my child’s birth injury wasn’t discovered right away?

Yes. Some birth injuries, like cerebral palsy, may not be diagnosed until the child is a few years old. In Illinois, the “discovery rule” means that in some cases, the time limit to file a lawsuit doesn’t start until you discover (or should have discovered) that an injury occurred. This gives parents more time to recognize developmental delays and get proper diagnoses.

What if the hospital offers me a settlement right away?

Be cautious when accepting early settlement offers from hospitals or insurance companies. These offers are often much lower than what you might need for your child’s lifetime care. Never sign anything without having a birth injury lawyer review it first. Once you accept a settlement, you typically can’t ask for more money later, even if your child’s condition gets worse.

Can I sue if my child died due to birth injuries?

Yes. Illinois law allows parents to file a wrongful death lawsuit if their child died due to medical negligence during childbirth. The Illinois Wrongful Death Act (740 ILCS 180) lets parents seek compensation for their loss, including medical bills before death and emotional suffering. These cases must typically be filed within two years of the child’s death.

Get Help From an Experienced Birth Injury Lawyer

If your child suffered an injury during birth due to a medical mistake, Onward Accident & Injury Law can help. Our team will handle every aspect of your case, allowing you to focus on your child’s care and recovery.

Call us today for a consultation about your case. We’ll listen to your story, answer your questions, and help you understand your legal options. Don’t wait until it’s too late to seek justice for your child. Contact us today to learn how we can help.

Author Bio

Joshua Rohrscheib is the Owner of Onward Injury Law, a Central Illinois personal injury law firm. With more than 17 years of experience in injury law, he is dedicated to representing clients in a wide range of legal matters, including car accidents, trucking accidents, construction accidents, medical malpractice, nursing home abuse, and other personal injury cases.

Josh received his Juris Doctor from the University of Illinois College of Law and is a member of the Illinois State Bar Association. He has received numerous accolades for his work, including being named among the “Top 40 Under 40” in 2019 by The National Trial Lawyers and a “Rising Star” in 2019 by Super Lawyers.

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