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Can I Sue If My OBGYN Chose the Wrong Delivery Option?
Today’s pregnant women have many more options to deliver their babies than mothers even 100 years ago. You can often plan your infant’s delivery date well ahead of time instead of waiting for labor to begin naturally. Some tools can be used to assist delivery, and C-section births are also common.
Each delivery option has potential advantages and disadvantages. Your obstetrician should be aware of the pros and cons, as well as the associated risk factors. You should be fully informed because maternal and birth injuries are possible if the wrong method is used. If you or your newborn suffered harm because your healthcare provider chose or allowed the wrong method, our dedicated Chicago, IL birth injuries attorneys can fight to help you secure the compensation you deserve.
What Delivery Options Are Available?
Historically, many women and babies were harmed or died during childbirth. Using today’s delivery options, those same injuries and deaths may have been prevented. Modern delivery methods include:
Did Medical Negligence Cause My Baby’s Stroke?
May is National Stroke Awareness Month. Many people think that only older people experience strokes. However, even a fetus still in its mother’s womb can have a stroke. Perinatal strokes are those that occur during gestation or up to 28 days after birth. It is estimated that approximately 2,500 U.S. children suffer a perinatal stroke each year. This figure may be low, as perinatal strokes may go undiagnosed.
Damage to a baby’s brain from a stroke can have lifelong, severe effects. When medical negligence contributes to this form of birth injury, parents may be able to obtain compensation. These cases are challenging, but our skilled Chicago, IL birth injuries attorneys are highly effective advocates.
What Can Cause a Fetal or Neonatal Stroke?
Fetal strokes happen in the womb during pregnancy, while neonatal strokes occur in the infant’s first 28 days after birth. Several risk factors increase the likelihood of these strokes. Placental problems, such as placental abruption and placenta previa, can lead to the fetus not getting enough oxygen. Birth asphyxia also limits oxygen flow to the baby’s brain.
Can Undiagnosed or Untreated Maternal Anemia Harm Babies?
The human body needs sufficient iron to produce hemoglobin, which carries oxygen throughout the body through red blood cells. Anemia is a serious condition where the number of hemoglobin or red blood cells is too low. A fetus needs iron to develop properly, and expectant mothers need enough iron to support their own bodies as well as the fetus.
Anemia is a common complication during pregnancy, even if the mother was not anemic before becoming pregnant. In fact, around one-third of pregnant women in the U.S. are affected by anemia. Doctors should know this and be prepared to take appropriate actions to ensure the health of both the mother and child. Failure to do so is medical negligence, and it could cause maternal and birth injuries with far-reaching consequences. If untreated or undiagnosed maternal anemia affected you or your child, our experienced Cook County, IL birth injuries attorneys can help you secure the compensation you deserve.
How Do I Know If My Baby Has Birth Injuries?
Sometimes, doctors can spot birth injuries right after a baby is born. However, some do not reveal themselves immediately. It may take months or years for some symptoms to appear. By that time, you may not associate your child’s issues with a birth injury. Cerebral palsy and brachial plexus injuries are among the most common birth injuries, and it is important for parents to know the signs to watch for.
If you do not discover your child’s birth injuries for years, you may wonder if you can still file a medical malpractice claim seeking compensation. In most instances, you can. The best way to verify your eligibility is to call our office to speak with one of our knowledgeable Chicago, IL birth injuries lawyers.
How Do Doctors Test for Birth Injuries When a Baby Is Born?
Physicians may use a variety of tests to check a baby’s condition soon after delivery. The Apgar test evaluates breathing, skin color, reflexes, pulse, and muscle tone. A score of 7-10 is considered normal. The Apgar test is usually performed at one minute and five minutes after the baby is born. This fast evaluation can indicate if there are issues with the newborn’s health.
What Long-Term Effects Can Maternal Birth Injuries Cause?
When most people hear the term "birth injuries," they think about harm caused to the newborn. While many cases do involve birth injuries like cerebral palsy, meconium aspiration, and shoulder dystocia, mothers can also sustain injuries during childbirth.
Some of these maternal wounds heal over time, but others can have disastrous long-term consequences. Not all maternal injuries are preventable. However, if your injury was caused by medical negligence, our knowledgeable Chicago maternal injuries attorneys will fight to secure maximum compensation on your behalf.
What Are Some of the Most Common Maternal Injuries?
Mothers can experience both physical and psychological injuries that stem from labor and delivery. Vaginal and perineal tears are common, particularly for first-time mothers. Some tears are minor, but deeper ones can affect muscles and other surrounding tissues. These tears typically result from the baby’s head being too large or the mother’s vaginal walls not stretching enough. An episiotomy is a surgical incision that addresses these issues and typically does not cause severe or lasting damage, but even an improperly performed episiotomy can cause complications. Surgery may be necessary to repair these tears.
Are Congenital Disorders the Same as Birth Injuries?
Sadly, not every child is born healthy. Some conditions result from developmental abnormalities, but others are caused by a medical provider’s negligence. Either situation is tragic, but a medical malpractice claim could provide you with compensation in birth injury cases. Understanding the difference is important, and our knowledgeable Chicago birth injuries attorneys are happy to answer your questions during a free and confidential consultation.
What Is the Difference Between Birth Injuries and Birth Conditions?
Congenital anomalies often develop in the first trimester of a pregnancy. Some of these birth conditions are caused by genetics and external factors, while others have no apparent cause. External factors likely to cause birth abnormalities include smoking, drug or alcohol use, and some maternal conditions. Common congenital disorders include cleft palate or lip, Down syndrome, ear and eye defects, muscular dystrophy, and heart and neural tube defects.
If My Baby or I Was Harmed by a VBAC, Can I Sue?
In 2023, C-section deliveries accounted for 32.3 percent of live births in the U.S. That same year, 15.1 out of 100 live births were by vaginal birth after a Cesarean (VBAC). A C-section delivery may be medically necessary for various reasons. That does not necessarily mean that subsequent deliveries would require that surgery. However, there are known risks associated with a VBAC. Uterine rupture is the most common, and that can harm both mother and child.
If medical negligence caused your or your baby’s injuries, you may be entitled to compensation. Any kind of medical malpractice case is complex, but our skilled Chicago, IL maternal and birth injuries lawyers can help.
Can I Sue for Harm Caused by My Baby’s Shoulder Dystocia?
The human birth canal is relatively narrow, but a baby’s entire body must pass through it during a vaginal delivery. In a normal birth, the baby’s head emerges first, followed by one shoulder, then the other. The baby’s body passes between the mother’s pubic bones during delivery, but in some cases, one or both of the baby’s shoulders become stuck in that area. Known as shoulder dystocia, this medical emergency requires immediate intervention to prevent harm to the mother and child.
Medical staff should know shoulder dystocia risk factors and be prepared to take appropriate action if the child’s shoulders become lodged during labor and delivery. If you or your child is harmed by shoulder dystocia because of a medical error, our experienced Chicago, IL birth injuries attorneys can help you pursue maximum compensation.
Can I Sue If My Baby’s Breech Position Was Mishandled?
When babies are ready to be born, their heads are usually the first through the birth canal. However, some babies do not make it into the correct position. A breech position places the baby’s buttocks, feet, or knees at the entrance to the birth canal rather than the head. The risk of complications is high, so doctors and midwives must follow specific procedures.
If healthcare providers did not follow those procedures and you or your child was harmed, one of our experienced Chicago, IL birth injury lawyers can hold them accountable and help you pursue the compensation you deserve.
Can a Doctor Tell If a Baby Is Breech?
A baby’s position tends to change during pregnancy. Ultrasounds, physical exams, and feeling the mother’s abdomen should help medical professionals determine the baby’s position as it grows. If the fetus does not turn by itself into the proper birth position as the due date nears, your obstetrician should monitor you and the baby closely. He or she should explain the possible treatment options to keep you from experiencing undue complications and injuries.
What Is Obstetric Gaslighting in Birth Injury Cases?
The term "gaslighting" is usually associated with personal and romantic relationships. It describes a type of psychological manipulation aimed toward making the victim question their reality, perceptions, and sanity. Although medical gaslighting is a newly coined term, it describes a similar dismissiveness by doctors that has existed for a long time. Although a patient shares concerns with the physician, those concerns are dismissed as invalid and unworthy of exploring.
Sadly, women’s concerns are often downplayed. Obstetric gaslighting can cause both birth and maternal injuries. If your healthcare team dismissed your concerns and that dismissal resulted in harm, a skilled Chicago, IL birth injury lawyer can help you substantiate your claim and maximize your compensation.
Are Medical Professionals Biased Against Women?
Historically, women’s complaints about health issues are often brushed off. Alternative explanations, like hormone fluctuations and mental health conditions, are often assumed to be the cause. Men who report similar symptoms are usually taken more seriously.
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