Preventable birth injuries due to medical malpractice can occur before, during, or after labor and delivery, placing both mother and baby at risk of life-threatening complications. Birth injuries are notoriously complex and contain many variables, including the form of negligence committed by a medical practitioner or facility, the injury itself, complications, and the devastating physical, emotional, and financial outcomes, including the possible death of a loved one. It is crucial to consult an experienced birth injury attorney to help you navigate the complexities of your case.
Clifford Law Offices’ medical malpractice team is known for handling some of the country’s most challenging and complex birth injury and maternal death cases. Our accomplished birth injury attorneys have the skill and the resources to help you obtain the justice and compensation you and your family deserve through exhaustive investigations and extensive legal analysis to identify liability.
Continue reading to learn more about the commonality of birth injuries, examples of medical malpractice that causes birth injuries, and how to seek legal support if you or a family member are the victims of medical negligence.
Are Birth Injuries Common?
Birth injuries affect thousands of unborn and newborn babies and their mothers in the United States each year. The National Institutes of Health reports that birth injuries, complications, and trauma that occur at birth account for 1.9 injuries per 1,000 live births. These injuries most commonly impact the brain, head, neck, and shoulders – vulnerable areas where an injury can lead to hypoxic-ischemic encephalopathy (HIE), cerebral palsy (CP), epilepsy, severe developmental delays, cortical visual impairment (CVI), paralysis, or death in a newborn. In 2021, birth injuries were the fourth leading cause of infant death, according to the CDC, and accounted for one in five infant deaths. The National Center for Health Statistics showed a slight increase in infant deaths in 2021, from 5.4 per every 1,000 births to a rate of 5.6 per every 1,000 births.
A 2023 study published by the CDC revealed that instances of maternal mortality have nearly doubled from 2018 to 2021. While medical malpractice is not the cause of every birth injury, it is critical to recognize when a healthcare provider’s action or inaction causes injury or death and take steps to hold those responsible accountable.
Most Common Examples of Medical Negligence in Birth Injury Cases
Medical malpractice occurs when a healthcare provider acts or fails to act in a way that a reasonably careful provider would act under similar circumstances. When medical practitioners deviate from the standard of care during the labor and delivery process, their negligence can cause life-threatening birth injuries to the mother and baby. Some forms of negligence are statistically more frequent than others.
Common examples of medical negligence in birth injury cases include:
- Inadequately Monitoring of Mother and Baby: When a doctor fails to properly monitor the vital signs and conditions of the mother and baby, symptoms of distress or complications may be missed, significantly increasing the risk of detrimental outcomes.
- Improper Use of Birthing Tools: During the birthing process, misusing tools such as forceps and vacuums can result in potential birth injuries to various parts of the baby’s body. Medical practitioners must receive proper training and adhere to established medical guidelines to ensure the safe use of birthing tools.
- Delays in Performing a C-Section: When vaginal birth presents an excessive level of risk, such as signs of fetal distress or preeclampsia, a doctor may fail to recommend or delay performing a C-section. These delayed C-sections can cause various traumatic injuries to an infant, including oxygen deprivation, a traumatic brain injury, or Cerebral Palsy.
- Failure to Obtain Informed Consent: When healthcare providers fail to inform and educate expecting parents before and during childbirth properly, they create the potential for additional complications. The providers should discuss the potential risks, benefits, and alternatives of specific medical procedures during childbirth, such as the use of birthing tools and the possible need for a C-section.
- Poor Staffing: When a healthcare facility has insufficient qualified staff members to provide the appropriate level of care for expectant mothers and infants, it can lead to a wide range of potential risks. Dangers of poor staffing may include fatigue, increased workload, delayed response to emergencies, failure to attend to patients, insufficient patient monitoring, and poor communication.
Our Commitment and Proven Track Record of Results
Clifford Law Offices has over 40 years of experience successfully representing medical malpractice victims and remains dedicated to holding the healthcare industry accountable for negligence and obtaining full compensation for those injured. Our award-winning team of elite Chicago medical malpractice attorneys has recovered hundreds of millions of dollars in complex birth injury cases across Illinois.
In the highest reported Illinois Medical Malpractice verdict in Illinois, Bradley M. Cosgrove, Charles R. Haskins, Keith A. Hebeisen, and Sarah F. King, partners at Clifford Law Offices, obtained a record $101 million verdict on behalf of a baby who sustained brain damage at birth at West Suburban Medical Center in Oak Park, Illinois, when his external fetal monitoring strips were ignored for six hours. The firm also secured a $27 million settlement for the family of a newborn who sustained permanent injuries, including a skull fracture and brain hemorrhage, during an emergency C-section delivery.
Consult a Chicago Birth Injury Attorney
Injuries during the birth process are traumatic for the baby as well as the family and should never be part of the birth experience. If you or your infant was the victim of medical negligence that caused a birth injury, it is imperative to seek professional legal representation with a Chicago Birth Injury Lawyer. As one of the top medical malpractice law firms in Illinois, Clifford Law Offices has recovered hundreds of millions of dollars for clients who suffered a devastating injury during birth.
Contact us to speak with one of our experienced medical malpractice attorneys to answer your questions and explore your legal options to seek full compensation.