Birth-related medical malpractice cases can be among the scariest and most unfortunate cases in personal injury law, because the injuries can be life changing both for the newborn and the family. Birth-related medical malpractice can occur due to injury to the mother or child during pregnancy, labor or delivery.

When a baby is injured as a result of medical malpractice by a health care professional, the infant's parents are generally the ones who actually file the lawsuit, (an administrator of the infant’s estate can also be set up) as an infant cannot file suit for himself, and under Illinois law, parents are responsible for a baby's medical expenses until the age of 18. Medical costs thereafter, and non-economic damages such as loss of a normal life, and pain and suffering, are brought by the parents for the benefit of the child. Parents cannot file a claim for themselves, apart from medical expenses for their child before the age of 18.

Examples of cases which may give rise to a medical malpractice case are:

  • Delay in calling for a Caesarean Section when the fetus shows signs of oxygen deprivation while in utero;

  • Failing to control excessive blood loss in a mother after delivery;

  • Improperly monitoring a new mother’s blood pressure prior to delivery, and the mother suffers injury from seizures;

  • Improperly treating the mother’s gestational diabetes during pregnancy.

If you or your newborn have suffered significant injury during pregnancy, labor or delivery let the experienced medical malpractice professionals at Lipkin & Apter help! We’ll work with you to get the compensation that you and your family deserve.