Who Is Liable for a Birth Injury Caused by Hospital Understaffing?

 Posted on July 31, 2025 in Birth Injury

When a mother goes to the hospital to give birth, she puts her trust in the medical team to care for her and her baby. If there are not enough nurses or doctors available, that trust can be shattered when something goes seriously wrong. Many mothers describe the heartbreak and rage of knowing something was wrong and being powerless to do anything about it. 

In some cases, it is a lack of staffing that leads to serious harm. If your child suffered a birth injury due to delays or missed warning signs because there were not enough doctors or nurses available, the hospital may be legally responsible. A compassionate Cook County, IL birth injury lawyer can review the details of your case and explain your options.

How Can Hospital Understaffing Lead to Birth Injuries?

Labor and delivery are high-stakes situations. Both the mother and baby must be closely monitored, and staff need to be ready to act immediately if something goes wrong. When hospitals are understaffed, the level of appropriate care is often impossible to achieve. A single nurse may be assigned to too many patients, or a doctor may not be available when needed. These conditions can result in delayed C-sections, missed signs of fetal distress, and dangerous complications going untreated.

A mother’s distress may be dismissed or ignored because the staff is overwhelmed. She may sense that something is seriously wrong, but be told to "wait" or "just breathe" because no one has time to examine her. These delays can cause irreversible harm to the baby, such as brain damage from oxygen deprivation, nerve injuries, or even wrongful death.

What Does Illinois Law Say About Hospital Staffing?

Under the Illinois Hospital Licensing Act (210 ILCS 85/), hospitals must have enough personnel on staff to meet their patients’ needs. This requirement includes ensuring labor and delivery units are staffed with enough qualified personnel to respond to emergencies and monitor patients properly. If a hospital fails to follow this law and a patient is harmed, that may be considered negligence.

Illinois also follows the modified comparative negligence rule found in 735 ILCS 5/2-1116, meaning the hospital can still be held liable even if another provider, such as an attending physician, also shares responsibility for the injury.

What Evidence Do You Need to Prove the Hospital Was Negligent?

To hold a hospital accountable for a birth injury caused by understaffing, your attorney needs evidence. This can include:

• Staff schedules and shift records

• Medical records showing response times and monitoring history

• Testimony from hospital employees or other medical experts

• Complaints or reports about staff shortages in the facility

Your own account of what happened can also help build a strong case, especially if you were left alone, pressed the call button with no answer, or were told to wait when you informed someone that you felt something was wrong. As painful and challenging as it can be to remember birth trauma, your lawyer will guide you to record everything you can recall that can help you hold the responsible parties accountable for their negligence. 

Schedule a Free Consultation with a Chicago, IL Birth Injury Attorney

If you believe your baby’s birth injury was caused by a hospital’s failure to provide enough staff, do not wait to take action. Contact a Cook County, IL birth injury lawyer at Birth Injury Law Alliance, Ltd. to schedule a free consultation. We will investigate the injury, explain your legal options, and help you hold the hospital accountable. Call 312-462-4200 today to get started.