How Do You Know if a Birth Injury Was Caused by Negligence?

While the birth injury rate in the United States has declined in recent years, birth injuries caused by negligence remain far too common. This is especially true when you consider the fact that many—if not most—birth injuries are preventable with adequate medical care. Negligence is among the leading causes of birth injuries in the U.S.; and, as a parent, knowing whether your child’s birth injury is the result of medical negligence is critical for making informed decisions about your next steps. 

Common Signs of Medical Negligence in Birth Injury Cases 

So, how do you know if a birth injury was caused by negligence? The following are all common signs (among others) of medical negligence in birth injury cases:

• Unexpected Complications During Labor or Delivery – These can often point to a birth injury caused by negligence, whether the issues stem from diagnostic failures, improper responses to fetal distress, or mistakes made during the delivery process.
• The Need for Neonatal Intensive Care – While not always a red flag, the need for NICU treatment may indicate medical malpractice. With the right care and preparation, many of these situations can be avoided.
• Lack of Clear Communication from Healthcare Providers – When medical staff are evasive or unwilling to explain what went wrong, it raises the possibility of a birth injury caused by negligence. Doctors and hospitals may hesitate to admit mistakes, even when full transparency is warranted.
• Underqualified or Inadequate Staff – If your delivery involved inexperienced or insufficient personnel, this may suggest a birth injury was caused by negligence. Medical facilities are legally required to provide competent care, and a failure to do so may constitute malpractice.
• Other Warning Signs – Physical trauma, misdiagnoses, medication errors, or failure to monitor maternal or fetal distress may all contribute to a birth injury caused by negligence. Unfortunately, these warning signs often go unrecognized until it’s too late.

While most types of birth injuries can have a variety of potential causes, with today’s advanced medical knowledge and technology, serious birth injuries are often preventable. Certain birth injuries are also classified as “never events,” which means that they should not happen. At the very least, expecting parents should generally receive advance notice of potential health risks or concerns from their doctors. 

As a result, if your family is dealing with the physical, emotional, and financial consequences of a birth injury unexpectedly, it will be worth talking to a birth injury lawyer about your family’s legal rights. This costs you nothing, and an experienced birth injury lawyer will be able to help you make an informed decision about whether to take legal action.

How a Birth Injury Lawyer Can Help

When you consult with a birth injury lawyer, you take the first step toward determining whether your child’s birth injury was caused by negligence. Your attorney will review your medical records and delivery history to assess whether you have a potential claim.

If medical malpractice is suspected, your lawyer will begin building your case. This includes identifying where and how the birth injury was caused by negligence.

• Investigating the Injury and Gathering Evidence – Your lawyer will collect prenatal records, fetal monitoring data, delivery notes, and NICU reports. These documents help show whether healthcare providers failed to meet the standard of care.

Your attorney will also look for signs of errors, delays, or poor decision-making. This helps determine if the birth injury was caused by negligence and who may be responsible.

• Hiring a Qualified Medical Expert – Illinois law requires a medical expert to confirm that malpractice likely occurred. Your lawyer will work with a qualified doctor who can evaluate whether the birth injury was caused by negligence.

The expert will write a formal report supporting your claim. If necessary, they may also testify in court to explain what went wrong.

• Establishing the Full Scope of Damages – A birth injury caused by negligence can lead to a lifetime of medical costs, therapies, and special care. Your lawyer will calculate both short- and long-term expenses.

They may also include non-financial harm like pain, suffering, and reduced quality of life. This ensures your claim reflects the full impact on your family.

• Representing You Through Every Step – Your lawyer will handle all communication, legal filings, and negotiations on your behalf. If a fair settlement isn’t possible, they will take your case to trial.

More than anything, your attorney will be your advocate and guide. They’ll help you pursue justice for the birth injury caused by negligence and secure the support your child needs.

Schedule a Free Consultation with a Birth Injury Lawyer in Chicago Today

If you need a birth injury attorney in the Chicago area, we invite you to schedule a free, no-obligation consultation at Coplan + Crane. 

Call 312-982-0588 or contact us online to speak with an attorney in confidence as soon as possible. We welcome clients from across Illinois, including Chicago, Oak Park, Rockford, and other areas.