At Phillips Law Offices, our Chicago birth injury attorneys often hear a heart-wrenching question from new parents: “How can I tell if my doctor was responsible for my baby’s injury?” It’s a difficult question because many birth injuries are initially dismissed as “unavoidable complications.” However, the truth is that a large portion of these injuries could have been prevented if proper medical standards had been followed.
Determining whether a doctor, nurse, or hospital was negligent requires a thorough legal and medical investigation. Our law firm has decades of experience uncovering evidence that others overlook — and helping Illinois families secure justice for preventable harm.
Understanding Medical Responsibility in Childbirth
When a doctor agrees to care for a pregnant woman, they take on a legal duty of care. This means they must act as a reasonably competent healthcare professional would under similar circumstances. If they fail to meet that duty and the baby is harmed, it may constitute medical malpractice.
In childbirth, this duty extends to every phase — from prenatal monitoring to post-delivery care. Doctors, nurses, anesthesiologists, and hospitals must all follow proper procedures to ensure the safety of both mother and child.
At Phillips Law Offices, our attorneys carefully evaluate whether the medical professionals in your case met their responsibilities or whether lapses in care led directly to your baby’s injuries.
Common Signs That a Doctor May Have Been Negligent
1. Delayed Response to Fetal Distress
One of the clearest indicators of negligence is a failure to respond quickly to fetal distress. During labor, doctors and nurses are required to monitor the baby’s heart rate. If distress signals appear — such as oxygen deprivation — immediate action must be taken, often through a cesarean section. Delaying that decision can cause brain injury, cerebral palsy, or even death.
2. Improper Use of Delivery Tools
Forceps and vacuum extractors should only be used when absolutely necessary and by trained professionals. When used incorrectly, these tools can cause skull fractures, nerve damage, and permanent physical disabilities. If your medical team used these devices and your baby suffered head or shoulder injuries, it’s worth investigating further.
3. Failure to Manage Complications
Conditions such as shoulder dystocia, placental abruption, or umbilical cord prolapse require fast, expert handling. If your doctor failed to manage these emergencies appropriately, the resulting injury might be a direct consequence of negligence.
4. Poor Communication Between Medical Staff
Sometimes, no single mistake causes the injury — but rather, a series of miscommunications among medical staff. Failure to pass along important information, record vital signs, or act on symptoms in time can all lead to devastating consequences.
Evidence That May Indicate Negligence
Proving that your doctor was responsible for a birth injury requires evidence. At Phillips Law Offices, we work with medical experts to gather crucial documentation, such as:
- Fetal monitoring strips: To show whether distress was identified and acted upon.
- Delivery records: To determine timing, decisions, and interventions during labor.
- Medical charts and notes: To evaluate whether procedures followed standard protocols.
- Expert testimony: Independent doctors review the case to confirm whether the attending physician acted appropriately.
When these pieces of evidence reveal inconsistencies or delays, it strengthens the case that the injury was caused by medical negligence rather than natural circumstances.
The Role of Expert Medical Witnesses
In Illinois, medical malpractice cases rely heavily on expert medical testimony. Before filing a lawsuit, state law requires an affidavit from a qualified expert confirming that there is a “reasonable and meritorious cause” for the claim.
At Phillips Law Offices, we collaborate with nationally recognized obstetricians, neonatologists, and nurses to review your case. These experts can explain exactly what went wrong and how the outcome could have been prevented. Their testimony often makes the difference between a dismissed claim and a successful recovery.
When a Hospital May Also Be Responsible
Doctors are not the only ones who can be held accountable. In many birth injury cases, the hospital or medical facility also bears responsibility. This can occur if:
- The hospital hired unqualified staff.
- There was a lack of proper supervision or training.
- Hospital policies failed to ensure safe childbirth practices.
- Equipment malfunctioned or was not maintained properly.
In these situations, a Chicago birth injury lawyer from Phillips Law Offices can pursue claims against both the individual medical providers and the hospital itself.
Legal Steps to Determine Responsibility
If you suspect your doctor caused a birth injury, the first step is to consult an experienced attorney. At Phillips Law Offices, we handle every part of the investigation, including:
- Obtaining medical records from hospitals and doctors.
- Consulting with medical specialists to review whether negligence occurred.
- Identifying all liable parties, including doctors, nurses, and institutions.
- Filing a formal medical malpractice claim within Illinois’ statute of limitations.
Once liability is established, we pursue full compensation for medical costs, pain and suffering, and future care needs.
How Phillips Law Offices Supports Families
We understand that discovering your doctor’s negligence played a role in your child’s injury can be devastating. Our team approaches every case with compassion and commitment. We provide clear communication, strong advocacy, and personalized legal strategies.
Our reputation across Chicago and Illinois is built on decades of successful verdicts and settlements for families affected by preventable birth injuries. We don’t charge any fees unless your case succeeds — because we believe justice shouldn’t depend on your financial situation.
Contact Phillips Law Offices Today
If you believe your doctor’s negligence caused your child’s birth injury, don’t wait. Contact the trusted team at Phillips Law Offices for a free case evaluation.
📞 Call us today at (312) 598-1829
🏢 Visit us at 161 N Clark St, Suite 4925, Chicago, IL
💬 Free Consultation | No Fee Unless You Win
Let our experienced attorneys help your family uncover the truth and secure the justice your child deserves.
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