Illinois holds medical professionals such as doctors, nurses and midwives legally responsible during childbirth. Your medical team must provide medical care that meets established standards and protect bodily rights. These rights extend to your newborn child.
Birth injury basis
Birth injuries, or injuries sustained by your baby during the labor process, can count as medical malpractice under Illinois law. However, not all birth injuries qualify as such. It may be due to unavoidable complications or a pre-existing condition. Noticing signs of malpractice may help you gather evidence and hold caregivers accountable.
Should you choose to file a lawsuit for medical malpractice due to your child’s birth injury, take note of the law. You must typically file malpractice lawsuits for minors within 8 years of the injury, meaning by their 8th birthday for a birthday injury, but strictly before their 22nd birthday under Illinois law.
Delayed medical interventions
Prolonged labor can increase the risk of birth injuries. Any delay in crucial medical decisions such as emergency C-sections or medication-induced labor can result in harm. For example, Hypoxic-Ischemic Encephalopathy (or prolonged oxygen deprivation) can be a result of delayed births.
Overlooked fetal distress
Abnormal fetal heart rates (such as a sudden drop or a spike) may be a sign that your baby is unwell. Fetal distress is attributed to a number of factors like restricted blood flow and other labor complications. When your medical team spots signs such as fewer fetal movements or unusual heart rates, delays can cause harm.
Unsafe delivery methods
Misusing tools like the forceps and exerting too much force can lead to serious injury to the baby. They may even result in spinal injuries or fractures. Doctors should be more careful and precise when handling your baby. In addition, improperly administering medication can also be unsafe in delivery. The wrong dosage of drugs used to induce labor can restrict oxygen and blood to your baby.
Combating medical malpractice in childbirth
If you have reason to believe your child sustained a birth injury due to medical malpractice, consider your legal options. Illinois law requires you to obtain an Affidavit of Merit to proceed with a claim. It is recommended that you obtain medical documentation regarding your labor and delivery.
A licensed medical or health expert must review your records and verify that malpractice has occurred. Meanwhile, a legal professional can help you file your complaint and negotiate to recover damages for your baby.