Welcoming a child into the world should be one of the most joyful experiences in life. Unfortunately, when a birth injury occurs, the experience can quickly shift to one of fear, confusion, and emotional pain.
At Vasilatos Injury Law, we believe families deserve to understand their options when birth injuries happen due to negligence or medical malpractice. Knowing your rights can be the first step toward finding clarity, control, and peace of mind.
You’re not alone—and what you do next matters more than you think. The path forward may feel uncertain right now, but informed action can make all the difference.
What Is a Birth Injury?
A birth injury refers to physical trauma or damage sustained by an infant during the birthing process. These injuries can occur before, during, or immediately after delivery and can range from minor bruising to serious, life-altering conditions such as brain damage or paralysis.
It’s important to understand that not all birth injuries are preventable. Some may arise from natural complications or unavoidable circumstances during labor. However, when a healthcare provider fails to follow established medical standards and causes harm to the newborn, the situation may constitute medical malpractice.
Medical malpractice in birth injury cases typically involves the following:
- Misdiagnosis or failure to diagnose conditions during pregnancy
- Poor decision-making during labor and delivery
- Inadequate monitoring or response to fetal distress
- Failure to obtain informed consent for interventions
When such lapses in judgment or care occur, parents may have legal grounds to file a birth injury lawsuit.
What Causes Birth Injuries?
Birth injuries can stem from a combination of medical, physical, and situational factors. While some complications are unpreventable due to the unpredictability of childbirth, many injuries occur because of errors in medical judgment, poor technique, or failure to respond to warning signs. A lack of proper prenatal monitoring, incorrect use of medical equipment, or delayed interventions can turn a healthy delivery into a traumatic one.
Understanding what causes birth injuries is critical to determining whether your child’s condition was preventable and if legal action is warranted.
Failure to Monitor Fetal Heart Rate
Continuous fetal monitoring is a standard part of modern labor and delivery. It provides real-time updates on the baby's health.
When medical staff members fail to notice or act on abnormal readings, the baby may experience prolonged oxygen deprivation, which can lead to brain damage, developmental delays, or permanent disability. Timely intervention, such as an emergency C-section, is often necessary to avoid severe outcomes.
Delayed C-Section
When complications arise that threaten the health of the baby or mother, a prompt cesarean delivery can be lifesaving. Delays in decision-making, lack of communication between team members, or misreading test results can all contribute to a dangerous postponement. A delay of even a few minutes can mean the difference between a healthy birth and a catastrophic injury.
In many cases, the window for preventing harm is very small.
Misuse of Delivery Tools
Tools like forceps and vacuum extractors are sometimes used to assist with a difficult delivery. However, these instruments must be used with extreme caution and proper technique. Improper use can result in broken bones, nerve damage, or bleeding in the brain. Medical staff must be properly trained and know when their use is appropriate.
Medication Errors
Pharmacological decisions during labor should always be made with care, and administering the wrong type or dosage of medication can be harmful to both mother and baby.
For example, giving a labor-inducing drug like Pitocin without monitoring can lead to excessively strong contractions, which in turn can deprive the baby of oxygen. Similarly, anesthesia mistakes can cause low blood pressure or oxygen levels, endangering the child.
Improper Handling During Delivery
The process of delivering a baby requires skill and sensitivity. Excessive pulling or twisting of the baby, especially in cases of shoulder dystocia, can result in torn nerves, broken bones, or soft tissue injuries. These injuries might not heal fully and leave permanent effects.
Obstetric teams are expected to use gentle, well-practiced methods to guide the baby safely through the birth canal.
Common Types of Birth Injuries
Birth injuries can affect different parts of a baby’s body and may range from temporary conditions that resolve with time to permanent disabilities requiring lifelong care. Each type of injury has unique symptoms, treatment options, and long-term implications. Being familiar with these injuries allows families to advocate for prompt diagnosis and treatment and to explore legal options when negligence is involved.
Cerebral Palsy (CP)
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. It results from brain damage that occurs before, during, or shortly after birth, often due to oxygen deprivation or traumatic head injury.
Children with CP may have difficulties with coordination, balance, and fine motor skills. In severe cases, they may be unable to walk, speak, or care for themselves independently.
While there is currently no cure for CP, early intervention can help improve quality of life.
Brachial Plexus Injuries
The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand. Injuries occur when these nerves are stretched, compressed, or torn during delivery, particularly in cases involving shoulder dystocia. It can result in weakness, numbness, or even paralysis in the affected arm.
Treatment options may include physical therapy or surgery, depending on the severity. Recovery varies widely and may not be completely possible.
Erb’s Palsy
A specific type of brachial plexus injury, Erb’s palsy affects the upper arm and shoulder. It often results from forceful pulling during delivery and causes damage to the nerves that serve this area.
Babies may exhibit a limp or immobile arm and have difficulty grasping objects. Some children regain full function with therapy, while others may require surgery. Long-term impairment is possible in severe cases.
Bone Fractures
Fractures, especially of the clavicle or collarbone, are common during difficult or assisted deliveries.
These injuries may be caused by pulling on the baby during delivery or when using instruments such as forceps. Signs of a fracture include limited movement of the affected limb, swelling, and discomfort.
While most fractures heal well with immobilization, they can cause temporary distress and may be a sign of rough or improper delivery techniques. In rare cases, poor healing may result in lasting issues.
Facial Nerve Damage
Facial nerve damage occurs when there is pressure on the baby’s face during delivery, often due to forceps use or improper positioning. It may cause the baby’s face to appear uneven or paralyzed on one side, especially during crying.
In some cases, the nerve damage is temporary and heals on its own, while in others, surgical correction may be necessary. Such injuries can also affect eye movement and feeding.
Timely diagnosis and treatment improve outcomes.
Intracranial Hemorrhage
Bleeding within the baby’s brain can result from trauma during delivery or from a lack of oxygen. It is a serious condition that can lead to seizures, developmental delays, or cerebral palsy. Signs may include difficulty breathing, poor muscle tone, and abnormal eye movement.
Immediate medical intervention is critical to manage the effects. Long-term monitoring is often required to assess neurological development.
Caput Succedaneum & Cephalohematoma
These conditions involve swelling or bleeding under the scalp and are commonly caused by prolonged labor or vacuum-assisted deliveries. Caput succedaneum is relatively harmless and usually resolves on its own within a few days. Cephalohematoma, however, may take longer to heal and can increase the risk of jaundice or infection.
Both can be distressing for parents but are usually treatable with proper medical care. Medical providers should monitor these injuries to ensure they don’t lead to complications.
Signs & Symptoms of a Birth Injury
Detecting a birth injury early can be challenging, as some symptoms are subtle or emerge only as the child grows. Still, timely recognition is critical to ensuring that your child receives appropriate treatment and support.
Birth injuries can present differently depending on their type and severity. Parents should remain observant and act quickly if they notice anything concerning.
In Newborns
The earliest signs of a birth injury are often visible within hours or days of delivery. Some indicators are physical, such as an unusually limp or stiff body, while others may involve behavioral or neurological issues.
Here are common symptoms to look for:
- Weak or absent reflexes (e.g., Moro reflex)
- Seizures or abnormal movements
- Inconsolable crying or extreme fussiness
- Difficulty feeding, latching, or swallowing
- Lethargy or unusual drowsiness
- Abnormal muscle tone (floppiness or stiffness)
If your newborn exhibits any of these signs, it is crucial to request immediate medical evaluation. Early testing and treatment can make a substantial difference in your child’s long-term development.
In Infants & Toddlers
As your child grows, signs of a birth injury may become more evident, especially in their ability to meet developmental milestones. These indicators might not be obvious in the early months but can become clearer as delays in physical or cognitive skills emerge.
Be alert to the following symptoms:
- Missed developmental milestones (e.g., rolling over, crawling, walking)
- Poor coordination or muscle control
- Speech or cognitive delays
- Hearing or vision issues
If you observe any of these signs in your child, don’t delay in seeking a pediatric evaluation. Prompt intervention can provide clarity, allow for early therapies, and offer essential support in case legal action is necessary.
When Can You Sue for a Birth Injury?
A birth injury lawsuit may be pursued when the injury was preventable and occurred due to a medical provider’s failure to follow accepted practices. Situations that may give rise to a lawsuit include the following:
- Mismanagement of a high-risk pregnancy
- Delayed reaction to signs of fetal distress
- Excessive force during delivery
- Negligent use of surgical tools
- Failure to communicate crucial information between medical teams
- Lack of informed consent for certain procedures
To qualify as medical malpractice, there must be evidence that the healthcare provider breached the standard of care and directly caused the injury. However, determining whether negligence played a role in a birth injury can be complex and requires a thorough review of medical records and expert input.
The best way to find out if you have a valid claim is to speak with an attorney who has specific experience handling medical malpractice and birth injury cases. A seasoned lawyer can assess your situation, explain your rights, and guide you through your legal options.
Who Can Be Held Liable for a Birth Injury?
In birth injury cases, multiple parties may share responsibility depending on how and when the injury occurred. Medical care is rarely provided by a single individual; rather, it involves a team of professionals and institutions. Each of these entities has a legal duty to uphold a standard of care, and any failure to meet that standard can result in serious consequences.
Identifying all responsible parties is a critical step in holding the right people accountable and securing full compensation, and it often requires a detailed investigation. A skilled birth injury attorney can help you identify all negligent parties and pursue claims against each as necessary to support your child’s future.
Obstetricians & Gynecologists
These physicians may be liable if they fail to monitor labor properly, delay necessary interventions, or make errors during delivery that result in harm.
Nurses & Medical Staff
Nurses who neglect to report changes in the mother’s or baby’s condition, fail to follow protocols, or miscommunicate vital information can be held accountable for resulting injuries.
Anesthesiologists
If an anesthesia error leads to complications such as low oxygen levels or adverse drug reactions, the anesthesiologist may be legally responsible.
Hospitals & Birthing Centers
Healthcare institutions like hospitals and birthing centers may be liable for systemic issues like understaffing, lack of training, unsanitary conditions, or employing negligent personnel.
Medical Device Manufacturers
If a defective medical tool, monitor, or piece of equipment contributes to a birth injury, the manufacturer may be held liable under product liability laws.
Legal Options After a Birth Injury: Know Your Rights
Learning that your child has suffered a birth injury can be overwhelming. In the face of such emotional turmoil and mounting medical expenses, it’s crucial to understand the legal avenues available to hold negligent parties accountable and recover compensation.
Families may have several paths to justice, and knowing the pros and cons of each can help in making informed decisions.
Filing a Medical Malpractice Claim
Filing a medical malpractice claim is the most direct legal route for seeking compensation. A medical malpractice claim involves formally alleging that a healthcare provider or institution failed to meet the accepted standard of care and that this failure resulted in a preventable injury.
Filing a claim requires extensive documentation, medical expert testimony, and proof of both negligence and damages. The goal is to demonstrate that the injury was avoidable and caused by substandard care.
If successful, this type of lawsuit can result in a financial award to cover medical bills, therapy, pain and suffering, and other related expenses.
Negotiating a Settlement
In many birth injury cases, the parties involved may choose to settle the matter out of court. A settlement offers families a quicker resolution and helps avoid the stress and unpredictability of a trial. Skilled attorneys negotiate on your behalf to reach a fair financial agreement with the healthcare provider’s insurance company.
Settlements can still yield substantial compensation, especially when liability is clear. While a settlement may not come with an admission of guilt, it can provide families with the resources needed for ongoing care and recovery.
Proceeding to Trial
If a reasonable settlement cannot be reached, pursuing a jury trial may be the next best option. This approach allows you to present your case publicly and seek a judgment based on evidence and testimony.
Trials can be lengthy and emotionally taxing, but they may be necessary when defendants refuse to accept responsibility. A favorable verdict not only provides financial compensation but also helps raise awareness and prevent similar harm in the future.
Your attorney will guide you through every phase, from pre-trial motions to courtroom strategy.
How Much Compensation to Expect from a Birth Injury Case
Estimating the value of a birth injury case can be difficult, as every situation is unique. Compensation depends on a variety of factors that relate to the severity of the injury and the long-term needs of the child.
Compensation is influenced by factors such as the following:
- Severity and permanence of the injury
- Future care needs, including therapy and medical support
- Impact on the child’s life expectancy and independence
- Emotional trauma for both child and parents
- Amount of available insurance coverage
- State laws, including damage caps and statutes of limitation
In addition to economic damages like medical expenses, families may receive non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may also apply in egregious cases where the provider’s conduct was especially reckless.
The goal is to secure enough financial support to ensure the child receives the best possible care throughout their life.
Because every case is different, getting a free consultation from an experienced medical malpractice attorney is the best way to understand what type of compensation you may be entitled to. An attorney can evaluate the merits of your case, explain your options, and help you prepare a compelling claim for maximum recovery.
Birth Injury Lawsuit Requirements: What Needs to Be Proven
To win a birth injury lawsuit, you must demonstrate, through concrete evidence, that a birth injury occurred and that the injury was caused by a medical professional’s negligence. This process can be complex and demands a deep understanding of both legal standards and medical practices.
To prevail, the following four elements must typically be proven:
- Duty of care: You must establish that a provider-patient relationship existed. In other words, the doctor or medical staff had an obligation to provide competent care.
- Breach of duty: You must show that the provider failed to meet the standard of care expected in the medical community. This breach can involve a misdiagnosis, delay in treatment, or procedural error.
- Causation: You must prove that the breach directly caused the birth injury and that the injury would not have occurred if the provider had acted appropriately.
- Damages: You must provide evidence that real harm occurred, such as physical injury, long-term disability, financial hardship, or emotional suffering.
These elements are usually supported by medical records, expert testimony, and thorough legal analysis. Having a knowledgeable attorney to help collect and present this evidence is essential to building a successful case.
How a Medical Malpractice Attorney Can Help with a Birth Injury Case
Navigating a birth injury case without professional guidance can be overwhelming. Medical malpractice laws are intricate, and going up against hospitals and insurance companies requires significant legal knowledge, resources, and strategy.
That’s why it’s important to work with an experienced medical malpractice attorney.
Case Evaluation & Investigation
Your attorney will begin with a detailed evaluation of your child’s medical history, labor and delivery records, and the circumstances surrounding the birth. They may consult with medical experts to determine if the standard of care was violated and whether that negligence directly caused the injury.
This investigative phase lays the groundwork for building a strong case.
Expert Coordination & Evidence Collection
Medical malpractice cases rely heavily on expert testimony. Your lawyer will secure board-certified professionals who can testify on complex medical issues, explain what went wrong, and confirm that proper procedures were not followed. They will also compile supporting documents, witness accounts, and hospital policies relevant to the case.
Legal Representation & Advocacy
Whether negotiating a settlement or taking the case to court, your attorney will handle all legal procedures on your behalf. They will draft and file paperwork, meet court deadlines, and argue your case persuasively before a judge or jury.
Throughout the entire legal process, they act as your advocate, making sure your family’s voice is heard and your rights are protected.
Guidance & Support
Beyond legal expertise, a good attorney provides emotional support and practical advice. They help you understand your options, prepare for what lies ahead, and make informed decisions that benefit your child’s future.
At Vasilatos Injury Law, we are committed to being a strong partner in your journey toward justice.
What to Do If You Suspect Your Child Has Suffered a Birth Injury
If you believe your child may have suffered a birth injury, the steps you take immediately afterward can make a significant difference in the outcome. Acting quickly can not only improve your child’s chances of recovery but also strengthen your ability to pursue legal action if necessary.
Follow these steps to move forward with confidence.
Seek Immediate Medical Attention
Prompt medical evaluation is critical to diagnose the injury and begin treatment. Even if symptoms seem minor, a specialist can run tests to determine the extent of the damage. Early intervention may prevent complications and improve long-term outcomes.
Make sure to ask questions and request detailed records during your visit. Document everything the doctors tell you.
Document Everything
Keep a detailed journal of symptoms, diagnoses, doctor visits, and any unusual behaviors. Save all medical bills, prescriptions, therapy plans, and discharge summaries. Photos and videos can also be useful in showing the progression of symptoms or physical challenges.
This information will be crucial in building a case if you choose to pursue legal action. A well-kept record can be one of your most powerful tools.
Request Copies of Medical Records
Obtaining a complete set of medical records is vital. These records provide insight into what happened during prenatal care, labor, and delivery. They may include information about medications administered, fetal monitoring, decisions made by the staff, and more.
You have a legal right to access your medical records, and your attorney can assist with this if needed. Be persistent, as records can sometimes take time to obtain.
Consult an Attorney Promptly
Time is of the essence.
Most states have statutes of limitations that limit how long you have to file a birth injury claim. A seasoned medical malpractice lawyer can review your case and help you understand your legal options.
Early consultation also helps preserve evidence and ensures that you take the right steps from the beginning. Don’t wait until it’s too late.
Avoid Speaking to Insurance Representatives Alone
Insurance companies may contact you soon after the injury and offer a quick settlement. It’s important not to accept any offer or provide detailed statements without consulting a lawyer first. These representatives are trained to minimize payouts and may use your words against you later.
Let your attorney handle communications and protect your rights. You deserve a settlement that reflects the true cost of your child’s needs.
Birth Injury FAQs: Answers to Common Legal & Medical Questions
If your child has suffered a birth injury, you likely have many questions. Understanding your rights and options can help you feel more in control during an overwhelming time.
What Is the Most Common Birth Injury?
The most common birth injuries are head and scalp injuries such as caput succedaneum and cephalohematoma, which are typically mild and resolve on their own. While less common, brachial plexus injuries (like Erb’s palsy) are also frequently reported and can be more serious, sometimes leading to long-term nerve damage. Both types of injuries are usually identified and monitored closely by medical professionals after birth.
Can You Sue a Doctor for a Birth Injury?
Yes, you can sue a doctor if their negligence led to your child’s birth injury. Medical professionals are expected to meet a standard of care during pregnancy, labor, and delivery. If they make a preventable mistake—such as failing to monitor fetal distress or delaying a necessary C-section—they can be held legally accountable. A successful lawsuit can help you recover compensation for medical expenses, ongoing care, and emotional distress.
Can You Sue a Hospital for a Birth Injury?
Yes, hospitals can also be held liable for birth injuries. If the injury occurred due to systemic issues like understaffing, poor training, or lack of proper protocols, the hospital itself may be responsible. Additionally, hospitals can be vicariously liable for the negligence of their employees, including nurses and sometimes doctors. An experienced attorney can help determine who should be named in a lawsuit based on the facts of your case.
How Long Does a Birth Injury Lawsuit Take?
Birth injury lawsuits can take anywhere from several months to a few years, depending on the complexity of the case. Factors that influence the timeline include the severity of the injury, the amount of evidence, expert witness involvement, and whether the case settles out of court or goes to trial. Although the process can be lengthy, pursuing a claim may provide critical financial support for your child’s future.
How Much Can You Get for Birth Negligence?
Compensation in birth negligence cases varies widely. Settlements and verdicts can range from tens of thousands to millions of dollars. The amount depends on the severity of the injury, the cost of current and future medical care, the child’s expected quality of life, and pain and suffering. There may also be caps on non-economic damages depending on the state. In Illinois, there is currently no cap on damages in medical malpractice cases, allowing full recovery for economic and non-economic losses.
How Do You Prove a Birth Injury Claim?
To prove a birth injury claim, you must show that a medical provider owed a duty of care, breached that duty, and directly caused your child’s injury. This process often involves gathering medical records, obtaining expert opinions, and demonstrating the damages your child and family have suffered. A medical malpractice attorney will work with experts to prove the standard of care was not met and that the injury could have been prevented.
What Is the Difference Between Birth Injury & Birth Trauma?
While the terms “birth injury” and “birth trauma” are often used interchangeably, there is a subtle difference. Birth injury typically refers to physical harm resulting from mechanical forces during childbirth, which may or may not involve negligence. Birth trauma, on the other hand, often refers to emotional or psychological distress experienced by the baby or mother during delivery. In legal contexts, “birth injury” is the term more commonly associated with malpractice claims.
What Is the Difference Between a Birth Defect & a Birth Injury?
A birth defect is a congenital condition that develops during pregnancy, often due to genetic factors or environmental exposures. These are not usually preventable or caused by medical negligence. A birth injury, however, occurs during labor or delivery and is typically the result of complications or medical errors. Birth injuries are often preventable and may form the basis for a malpractice claim if caused by negligent care.
How Long After Giving Birth Can You Sue a Doctor in Illinois?
In Illinois, the general statute of limitations for medical malpractice claims is two years from the date the injury was discovered or reasonably should have been discovered. However, exceptions apply in cases involving minors. Parents may have up to eight years to file a lawsuit on behalf of a child who suffered a birth injury, and in some cases, this window can extend even further depending on the circumstances. Because time limits can vary based on specific details, it’s important to consult an attorney promptly. An experienced birth injury lawyer can clarify how these rules apply to your case and help ensure your rights are protected.
Contact an Experienced Chicago Medical Malpractice Attorney Today
If your child has been harmed due to medical negligence, you don’t have to face it alone.
At Vasilatos Injury Law, we understand the devastating impact a birth injury can have on your family. We offer compassionate legal guidance, aggressive advocacy, and a commitment to pursuing justice on your behalf.
We have represented hundreds of personal injury clients and obtained millions of dollars in awards for our clients in Chicago and across Illinois. Our personal injury attorneys have experience in all aspects of medical malpractice law, and we are dedicated to helping our clients get the best possible compensation. Regardless of the nature of your case, you can rely on us to guide you toward a favorable outcome for you and your family.
Contact us today to schedule a free consultation and take the first step toward protecting your child’s future.
Leave a Comment