What if Delayed Diagnosis Caused a Birth Injury?

 Posted on July 07, 2025 in Birth Injury

Whether you are someone who experiences pregnancy as a magical, miraculous time or a time of swollen ankles, strange cravings, and seemingly endless aches and pains, all pregnancies have one thing in common: they require careful monitoring and medical oversight. With strict schedules of tests and scans that need to be done, many people feel like they spend more time at their clinic than at their job. However, some women still do not receive the thorough medical care they deserve. 

When doctors fail to recognize or respond to signs of distress or complications during pregnancy, it can result in devastating consequences for the baby and the mother. A delayed diagnosis may lead to serious birth injuries, lifelong disabilities, or even loss of life. If you or your child suffered harm because of a delayed diagnosis, speak with a Chicago, IL birth injury lawyer to understand your options.

What Is a Delayed Diagnosis During Pregnancy?

A delayed diagnosis occurs when a medical professional does not identify a condition in a timely manner, resulting in harm. In the context of pregnancy, this could involve failing to recognize signs of preeclampsia, gestational diabetes, or placental abruption; offering a delayed response to abnormal fetal heart rate or decreased fetal movement; not diagnosing infections that could pass to the baby, such as Group B strep or listeria; or ignoring signs of intrauterine growth restriction (IUGR) or other fetal distress.

These conditions are not rare, and when properly diagnosed, they are usually manageable. The danger arises when a medical provider overlooks warning signs, fails to order appropriate tests, or delays treatment.

How Can a Delayed Diagnosis Cause a Birth Injury?

Delayed diagnosis during pregnancy can deprive the baby of oxygen or prevent the mother from receiving needed care. Some birth injuries that could result from delayed diagnosis include cerebral palsy, developmental delays, stillbirth, or neonatal death, among other conditions.

Many birth injury cases arise from miscommunication between hospital staff, failure to escalate care in time, or neglect of standard prenatal screening protocols. Since the 2023 revision to Illinois Pattern Jury Instructions 105.01, juries are given clearer guidance on how to evaluate professional negligence in medical malpractice claims involving children.

Do I Have a Medical Malpractice Case in Illinois for a Birth Injury to My Baby?

To bring a successful birth injury claim in Illinois, you must show that a doctor or healthcare provider:

• Owed you a duty of care

• Failed to meet the accepted standard of care

• Caused harm through that failure

• Caused you or your child damages

In most cases, your attorney will work with medical experts to evaluate whether a timely diagnosis would have prevented the injury or improved the outcome. Illinois law also requires a certificate of merit from a qualified medical professional before you can file a lawsuit.

Contact a Cook County, IL Birth Injury Lawyer

If your child was harmed due to a delayed diagnosis during pregnancy, you may be able to pursue compensation for medical expenses, ongoing care, pain and suffering, and more. Contact a Chicago, IL birth injury attorney at Birth Injury Law Alliance, Ltd. to schedule your free consultation. Our firm has recovered multimillion-dollar verdicts and settlements for children with severe birth injuries and for families impacted by tragic losses. Call 312-462-4200 today to schedule a complimentary consultation and learn how we can help you.