Can You Recover Damages If Your Baby Was Hurt in Utero?

 Posted on May 28, 2025 in Medical Malpractice

Most people have the utmost faith in doctors. When you go to a physician with an illness or injury, you are putting your life in his or her hands. Going to an obstetrician for a pregnancy means you also trust that your baby’s health will be protected.

Obstetricians usually go through 12-16 years of education and training. With that much preparation, you expect your OB to recognize and treat any medical issues correctly. Sadly, a fetus can be harmed by medical negligence during pregnancy. Birth injuries, lifelong conditions, and even death can result. If medical negligence harmed your infant, our Rockford, IL medical malpractice attorneys can help you hold the at-fault party or parties accountable.

What Are Some Common Serious Problems During Pregnancy?

Mothers and their babies can suffer from some conditions, no matter how attentive their doctor is. However, failing to recognize them promptly and treat them correctly can be harmful or even fatal to a fetus.

Rh Incompatibility

Human blood can have either an Rh-negative or Rh-positive factor. If the mother is Rh-negative and her baby is Rh-positive, the mother’s body may attack the baby. A RhoGAM injection should prevent this reaction. Without the shot, the baby can suffer brain damage, heart failure, and other adverse effects. Fetal death is also possible.

Maternal Anemia

Oxygen reaches all parts of the human body through hemoglobin, which is found in red blood cells. With anemia, the blood does not carry sufficient amounts of oxygen. Maternal anemia can severely restrict the baby’s oxygen levels, potentially leading to brain damage, cerebral palsy, and hypoxic-ischemic encephalopathy. A maternal blood test should diagnose anemia, with treatments often as simple as taking B12, iron, and folic acid supplements.

Intrauterine Growth Restriction (IUGR)

A fetus develops in the womb, with expected size and weight at various stages. IUGR means the baby is not developing as it should. A smaller size, less activity, and decreased blood flow are indicators. Long-term health issues, birth complications, and fetal death are possible. Doctors should regularly monitor fetal growth, addressing IUGR appropriately.

Gestational Diabetes

Sometimes, pregnant women cannot produce enough insulin to regulate their blood sugar levels. High blood sugar can lead to increased birth weight, fetal respiratory distress, low blood sugar and seizures, premature delivery, and stillbirth. Blood tests should reveal gestational diabetes. Treatment options include diet and exercise modifications and medications.

Preeclampsia

Some women develop preeclampsia, which is a serious condition that can raise their blood pressure, damage their kidneys, cause significant swelling, and produce other life-threatening symptoms. This condition can pose developmental issues for the fetus, low birth weight, decreased blood flow, premature birth, and death. Managing the mother’s blood pressure, bed rest, and early delivery are potential treatments.

Preterm Labor

A full-term pregnancy lasts for 40 weeks, with all that time necessary for a baby to fully develop. Going into labor before 37 weeks is considered preterm. If preterm labor is discovered, doctors may be able to delay delivery and prescribe medications to help the fetus’s lungs mature faster.  A premature baby may require extended hospitalization in a neonatal intensive care unit. Others may not survive.

Hypoxia

Intrauterine hypoxia is when a fetus does not get enough oxygen. Causes include placental abruption, umbilical cord compression or prolapse, preeclampsia, maternal anemia, and gestational diabetes. If unaddressed, hypoxia can lead to cognitive disabilities, brain damage, cerebral palsy, and death. Proper monitoring should reveal hypoxia or maternal risk factors and allow physicians to provide the correct treatments.

How Can I Prove That Medical Negligence Harmed My Newborn?

We will investigate your case thoroughly to find the evidence needed to support your claim. We will look for the root cause of your baby’s injuries. Medical negligence is failing to provide the same level of care that a similarly qualified physician would in an identical situation. The harm to your child must have been preventable. Doctor errors that can harm a fetus include:

• Prescribing Category X medications to the mother that are known to be harmful to a fetus, such as isotretinoin, methotrexate, or thalidomide
• Failing to prescribe necessary medications or treatments
• Failing to order or misreading diagnostic tests
• Failing to monitor mother and child during pregnancy, labor, and delivery
• Misdiagnosing or failing to diagnose maternal or fetal conditions
• Delaying or failing to perform a necessary C-section

Whether through carelessness, lack of training, poor communication, or other forms of negligence, the harm done to you and your baby may be permanent. For instance, cerebral palsy can cause developmental issues, speech problems, and mobility difficulties. Losing a child to medical negligence can devastate the parents and other family members. Holding the negligent medical professionals accountable by paying your damages is a way to bring about justice.

Money cannot undo the damage, but it can provide the funds to care for a permanently disabled child. A wrongful death claim can also provide compensation to address your losses. Either way, you need an experienced attorney as your advocate if you hope to secure the full compensation you deserve.

What Damages Could I Receive If Medical Negligence Harmed My Baby in Utero?

Damages in medical malpractice cases like these are losses that you suffer due to a healthcare provider’s negligence, and every case is unique. Common damages include:

• Current and future medical expenses
• Necessary medical and adaptive equipment, vehicle and home modifications, therapy, and other expenses related to your child’s disabilities
• Depression
• Pain and suffering

Wrongful death damages should cover other losses. Although you may be entitled to maximum compensation, medical malpractice cases are incredibly complex. Not all lawyers have the focused knowledge, resources, and skills needed to handle them effectively.

We know how to investigate medical cause-and-effect scenarios, which is a key factor in these cases. We accurately evaluate your damages to place a monetary value on your claim. Because insurance companies know we will not hesitate to take your case to trial, they are often more likely to offer reasonable settlement amounts. We have won many victories, including $19.2 million for a birth injury case. We are determined to help you collect the highest amount available for your claim.

Consult Our Highly Effective Winnebago County, IL Birth Injuries Lawyers

When medical negligence harms your child, our exceptional Rockford, IL medical malpractice attorneys are ready to take appropriate action on your behalf. Request your free consultation with Mannarino & Brasfield, A Division of Schwartz Jambois, today by contacting us online or calling 815-215-7561.