At Phillips Law Offices, we’ve seen firsthand how medical negligence during childbirth can devastate families. Birth injuries caused by doctor or hospital errors often lead to lifelong medical complications, emotional trauma, and financial hardship.
While not every birth injury is caused by negligence, many are entirely preventable. Understanding the most common forms of medical malpractice in birth injury cases can help parents recognize when something went wrong — and when to take legal action.
Our Chicago birth injury attorneys specialize in identifying the mistakes that medical providers don’t always admit. Below, we explore the leading causes of preventable birth injuries in Illinois hospitals and clinics.
1. Failure to Monitor Fetal Distress
During labor and delivery, doctors and nurses must continuously monitor the baby’s heart rate and oxygen levels. These readings help identify fetal distress — a condition where the baby isn’t getting enough oxygen.
When medical staff ignore abnormal heart rate patterns or fail to act quickly, the baby may experience:
- Brain damage from oxygen deprivation
- Cerebral palsy
- Seizure disorders
- Stillbirth or neonatal death
Negligent fetal monitoring is one of the most common and tragic forms of medical malpractice we encounter. Hospitals are required to have trained staff and functioning monitoring equipment, yet these standards are often neglected.
2. Delayed or Improper Cesarean Section (C-Section)
A C-section can save a baby’s life when complications arise, but timing is critical. Doctors must recognize when vaginal delivery is no longer safe — for instance, in cases of:
- Fetal distress
- Umbilical cord compression
- Placental abruption
- Cephalopelvic disproportion (baby’s head too large for birth canal)
A delay in performing a C-section can cause irreversible brain injury or death. On the other hand, performing one unnecessarily can endanger the mother. The attorneys at Phillips Law Offices have handled numerous cases involving both delayed and inappropriate C-sections due to OB/GYN negligence.
3. Improper Use of Forceps or Vacuum Extractor
In some deliveries, doctors use assistive tools like forceps or vacuum extractors to guide the baby out of the birth canal. However, these instruments require precision and expertise.
When used incorrectly, they can cause severe trauma such as:
- Fractured skull or clavicle
- Nerve damage (Erb’s palsy or brachial plexus injury)
- Facial paralysis
- Brain hemorrhage
Forceful or repeated use of these devices may indicate negligence, especially if the doctor failed to switch to a C-section when complications became evident.
4. Medication and Anesthesia Errors
Pregnancy and labor often require medication to manage pain, induce labor, or prevent infection. However, incorrect dosage or drug administration can endanger both mother and baby.
Common errors include:
- Administering too much Pitocin, leading to uterine rupture or fetal distress.
- Giving the wrong medication to the mother.
- Improper epidural or spinal block placement causing nerve damage or paralysis.
Medical professionals must verify all medications, doses, and patient allergies. When they fail, it’s a clear breach of duty — and families have a right to seek justice.
5. Failure to Diagnose or Treat Maternal Conditions
OB/GYNs are responsible for monitoring the mother’s health throughout pregnancy. Negligence in diagnosing or treating conditions such as:
- Gestational diabetes
- Preeclampsia or eclampsia
- Infections (like Group B Streptococcus)
can result in serious birth complications or long-term disabilities in the child.
If the doctor failed to order necessary tests, ignored symptoms, or delayed treatment, that failure may amount to malpractice.
6. Negligent Prenatal Care
Proper prenatal care is essential for a safe delivery. OB/GYNs must schedule routine tests, ultrasounds, and screenings to detect potential issues early.
Examples of negligent prenatal care include:
- Failing to identify multiple fetuses.
- Not detecting fetal growth restrictions.
- Ignoring abnormal lab results.
- Failing to refer the patient to a specialist.
Poor prenatal care increases the risk of premature birth, low birth weight, and preventable birth trauma.
7. Improper Handling of Shoulder Dystocia
Shoulder dystocia occurs when the baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery. This is a known emergency that requires immediate, skilled intervention.
Improper handling can cause:
- Brachial plexus injuries
- Fractures
- Oxygen deprivation
Doctors must follow established maneuvers to safely resolve dystocia. Any deviation from protocol may be evidence of negligence.
8. Negligence During Postpartum Care
Medical responsibility doesn’t end once the baby is delivered. Doctors and nurses must continue monitoring both the mother and baby for signs of distress, bleeding, or infection.
Common postpartum negligence includes:
- Failing to detect internal bleeding or uterine rupture.
- Ignoring signs of infection or blood clots.
- Neglecting newborn jaundice or respiratory distress.
Many mothers and newborns have suffered preventable harm because hospital staff failed to respond promptly after delivery.
9. Miscommunication Among Medical Staff
Hospitals are busy environments where miscommunication can lead to disaster. In many birth injury cases, multiple providers — doctors, nurses, and anesthesiologists — are involved.
When they fail to share critical information, such as fetal heart rate changes or medication doses, it can result in catastrophic outcomes. At Phillips Law Offices, we often uncover that the injury wasn’t caused by one individual mistake but by a breakdown in teamwork and hospital procedures.
10. Inadequate Hospital Policies and Training
Hospitals must ensure their staff are properly trained and emergency protocols are up to date. When facilities neglect these duties, both the mother and baby are put at risk.
Examples include:
- Insufficient staff on duty.
- Outdated fetal monitoring equipment.
- Lack of emergency preparedness.
In such cases, both the hospital and individual doctors can be held liable for negligence.
Proving Medical Negligence in Birth Injury Cases
Proving negligence requires establishing four legal elements:
- Duty of Care: The medical provider owed a duty to the patient.
- Breach of Duty: The provider failed to meet the medical standard of care.
- Causation: This breach directly caused harm.
- Damages: The injury led to measurable losses (medical bills, suffering, etc.).
At Phillips Law Offices, our team works with top medical experts to review hospital records, identify mistakes, and connect those errors to the resulting injury.
Why Choose Phillips Law Offices
Families across Illinois trust Phillips Law Offices because we combine compassion with unmatched legal skill. Our Chicago birth injury lawyers have secured life-changing settlements and verdicts for families harmed by medical negligence.
We understand that you’re not just seeking compensation — you’re seeking answers and accountability. Our mission is to help you rebuild your life while ensuring that negligent healthcare providers are held responsible.
Contact Phillips Law Offices for Help
If your child suffered a birth injury due to medical negligence, don’t face it alone. Contact Phillips Law Offices today for a free, confidential consultation.
📞 Call (312) 598-1829
📍 161 N Clark St, Suite 4925, Chicago, IL 60601
💬 No Fee Unless We Win Your Case
Let our experienced legal team review your records, explain your rights, and fight for the justice your family deserves.
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What Is the Difference Between a Birth Injury and a Birth Defect?