When Obstetrical Negligence Results in a Birth Injury

On Behalf of | Jun 5, 2014 | Firm News


A birth injury is absolutely devastating for parents and the entire family.  Although some birth injuries occur through the fault of no one, in some cases, a birth injury may be the result of obstetrical negligence, which is a type of medical malpractice. Common types of obstetrical negligence include:

  • Surgical errors during C-section birth
  • Failure to recognize and respond to fetal distress
  • Failure to recognize and treat infant seizures
  • Failure to recognize preeclampsia, eclampsia, or other pregnancy-related problems
  • Improper use of forceps or vacuum extraction methods
  • Medication errors
  • Anesthesia errors, including epidural errors
  • Ultrasound errors
  • Mismanagement of Group B strep infection

In some cases, it may be difficult to know whether the birth injury was the cause of obstetrical negligence or not, but there are some types of birth injuries that involve medical malpractice more often than others, such as:

  • Cerebral palsy
  • Brachial plexus injuries
  • Brain injuries
  • Bone fractures
  • Stillborn or neonatal death
  • Damage to reproductive organs/fertility loss
  • Post-partum hemorrhage
  • Infections
  • Vaginal tears

If your child suffered a birth injury, it is important to take swift action even if you are not sure whether obstetrical negligence was involved. In some cases, the extent or cause of a birth injury is not immediately apparent, and additional medical testing may need to be done. You may also want to get a second opinion or switch doctors to obtain additional information regarding the birth injury. It is also important to obtain and retain all pertinent medical records. Not only will this information help you get the necessary medical treatment for your child, but it may also be essential to a medical malpractice lawsuit if obstetrical negligence is found to be the cause of the birth injury. You should also contact a medical malpractice lawyer who has experience handling obstetrical negligence and birth injury cases. There are strict time limitations during which a medical malpractice claim can be made. In Illinois, a medical malpractice lawsuit without death must be filed within two years of the date of that the patient became aware of, or should have become aware of, the birth injury. If the patient dies, however, the wrongful death medical malpractice lawsuit must be filed within two years of the date of the patient’s death.

Contact a Chicago Medical Malpractice Lawyer

At Steinberg, Goodman & Kalish, our Chicago medical malpractice lawyers understand that you may still be reeling from the birth injury diagnosis, and we will guide you through the entire process with compassion and care.  We represent parents whose babies have sustained birth injuries, including brachial plexus injuries, cerebral palsy, forceps injuries, seizures, and brain damage, and we are dedicated to obtaining maximum financial recovery. If your child suffered a birth injury, contact the Chicago medical malpractice lawyers at Steinberg, Goodman & Kalish to schedule a free consultation to discuss a possible obstetrical negligence claim.  Steinberg Goodman & Kalish  (www.sgklawyers.com) is dedicated to protecting victims and their families.  We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (888) 325-7299 or (312) 445-9084.  


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