5 Malpractice Birth Injuries That Can Turn Fatal

 Posted on July 30, 2025 in Medical Malpractice

Bringing a child into the world should be one of life’s most joyful moments. But when medical mistakes happen during labor and delivery, the consequences can be devastating. For some families, what begins as a routine birth ends in tragedy because of preventable errors made by doctors, nurses, or other hospital staff.

In Illinois, families have the right to hold healthcare providers accountable for malpractice that leads to serious birth injuries and wrongful death. Our firm has represented many families across Winnebago County in these complex cases. We have successfully handled claims involving some of the most severe medical malpractice against infants and children and have recovered millions of dollars in settlements and verdicts for grieving parents.

As of July 2025, Illinois law continues to recognize wrongful death claims for children lost due to negligent medical care. Understanding the types of birth injuries that can turn fatal may help families recognize when malpractice has occurred and take steps to protect their legal rights. If you suspect medical malpractice played a role in your infant’s injuries or death, you deserve answers. Our Rockford medical malpractice attorney can help you find them.

Five Common Birth Injuries that Can Be Fatal

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy, or HIE, occurs when a baby’s brain is deprived of oxygen and blood flow during or shortly after delivery. This condition is one of the leading causes of neonatal death and long-term disabilities such as cerebral palsy.

HIE often happens because of failures by medical staff to monitor the baby’s heart rate during labor, respond to signs of fetal distress, or perform a timely cesarean section. Even a few minutes of oxygen deprivation can cause catastrophic brain damage. If the deprivation is prolonged, the infant may not survive.

Illinois courts have consistently recognized that hospitals and providers can be held liable when their negligence leads to HIE and fatal outcomes. A skilled attorney can investigate whether proper fetal monitoring protocols were followed and whether an earlier intervention could have prevented the injury.

Severe Neonatal Infections

Newborns are especially vulnerable to infections such as sepsis, meningitis, and pneumonia. These conditions can become life-threatening within hours if not promptly diagnosed and treated. Medical malpractice may occur when providers fail to recognize maternal infections like Group B Streptococcus (GBS) during pregnancy or fail to administer appropriate antibiotics during delivery.

Once a newborn develops an infection, time is critical. Delays in ordering lab tests, starting antibiotics, or transferring the infant to a neonatal intensive care unit (NICU) can lead to organ failure and death. Parents have the right to demand answers when a child’s life is lost because a healthcare team did not act quickly enough.

Umbilical Cord Complications

The umbilical cord is the baby’s lifeline during pregnancy. But certain complications, such as cord prolapse or a nuchal cord (when the cord is wrapped around the baby’s neck), can cut off oxygen supply during delivery. These emergencies require swift recognition and immediate action, often in the form of an emergency C-section.

If doctors fail to identify and respond to these cord issues, the baby can suffer asphyxia and irreversible damage. In some cases, the result is stillbirth or death shortly after birth. Malpractice claims may arise when providers do not properly monitor for cord problems or delay necessary interventions.

Birth Trauma From Improper Delivery Techniques

Physical trauma during delivery can also result in fatal injuries. Excessive force with tools such as forceps or vacuum extractors can fracture a baby’s skull, cause intracranial bleeding, or damage delicate spinal cord tissue.

In complicated deliveries, providers are expected to use skill and caution to avoid harming the infant. Deviations from accepted medical practices, such as applying too much pressure or failing to opt for a cesarean delivery when appropriate, can leave families grieving the loss of a child who should have been safe under proper medical care.

Not all injuries from birth trauma are malpractice. Sometimes, in an effort to save the life of the mother or the baby, these practices are necessary even though they result in injuries. Whether or not an injury is the result of improper delivery technique or the natural consequence of a complicated birth is information your attorney will help you determine.

Premature Birth and Not Managing Preemie Complications

Premature infants face heightened risks of respiratory distress, brain bleeds, and other life-threatening complications, especially in the hours and days following delivery. When an obstetrician does not identify risk factors for preterm labor, such as infection, multiple gestation, or cervical insufficiency, or delays administering medications like corticosteroids to strengthen the baby’s lungs, the results can be catastrophic and irreversible.

Hospitals and providers have a duty to anticipate, monitor, and manage these risks with precision and urgency. When that duty is breached, and a child is lost, grieving parents may pursue justice through a wrongful death or medical malpractice claim to hold negligent parties accountable.

Why Families File Malpractice Claims After Fatal Birth Injuries

No lawsuit can bring a child back, but legal action can hold negligent healthcare providers accountable and provide critical financial resources for grieving families. In Illinois, parents may recover compensation for medical expenses, funeral costs, loss of companionship, and emotional suffering under the Wrongful Death Act (740 ILCS 180/1).

Hospitals and insurance companies often fight hard to avoid responsibility in these cases. That is why working with a lawyer experienced in complex birth injury litigation is essential. At Mannarino & Brasfield, A Division of Schwartz Jambois, our firm has extensive experience with medical malpractice cases involving infants and children. We understand the medical science behind these claims and work with leading experts to uncover the truth. Over the years, we have helped families recover millions of dollars in compensation for their losses, even in the most challenging cases.

Contact a Winnebago County, IL Birth Injury Attorney

We have seen how devastating the painful loss of an infant can be, especially when it could and should have been avoided. Call our compassionate Rockford, IL birth injury lawyers at Mannarino & Brasfield, A Division of Schwartz Jambois, today at 815-215-7561. We offer free consultations and handle all cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.