Does "Birth Injury" Refer to My Baby or Myself?

 Posted on March 09, 2026 in Medical Malpractice

No new mother wants to consider the idea that the people she trusted to deliver her baby failed somehow, either by causing injury to her baby or herself. Tragically, both of these do happen.

When you’re already flooded with the joy, grief, pain, and changes that come with having a baby, dealing with an injury to you or your newborn can be completely overwhelming. You may have many questions that urgently need answers. "Is this injury to my baby serious enough that I should take it to court? Is going to court the right move? Is the compensation I could get worth the time, expense, and emotional energy it would take?"

If you have questions about harm to your baby or yourself during delivery, a Chicago birth injury attorney can review what happened and help you understand the nature of your case in 2026.

Who Does "Birth Injury" Refer To?

Most people assume birth injury refers only to harm done to a newborn. The phrase "birth injury," however, can also refer to the mother.

While not specifically defined by law, a birth injury is any physical harm that occurs to the mother or the baby before, during, or shortly after delivery. Both can be injured, and both can then have legal claims. Birth injuries are typically caused by a medical provider's failure to meet the standard of care during labor and delivery.

What Are Common Birth Injuries to a Baby?

Babies are vulnerable during the delivery process, and medical mistakes can have lifelong consequences. Some of the most serious birth injuries to a newborn include:

• Hypoxic-ischemic encephalopathy (HIE), which is brain damage caused by oxygen deprivation during labor
• Cerebral palsy, a movement disorder often linked to brain damage at or around birth
• Brachial plexus injuries, a type of nerve damage that can cause weakness or paralysis in an arm, sometimes from improper use of forceps or excessive pulling during delivery
• Skull fractures or head trauma from improper use of assistive delivery tools
• Shoulder dystocia, which is when a baby's shoulder becomes stuck during delivery, potentially causing nerve damage or fractures

One common and serious cause of these injuries is the misuse of Pitocin, a synthetic drug used to induce or speed up labor. When Pitocin is given in incorrect doses or without proper monitoring, it can cause contractions that are too strong and too frequent. This can cut off oxygen to the baby between contractions, leading to brain damage. The Institute for Safe Medication Practices has classified Pitocin as a "high-alert medication." This means it has a heightened risk of causing serious harm when used incorrectly.

Can a Mother Sue for an Injury That Happens During Childbirth?

Mothers are injured during labor and delivery more often than many people realize, and they can sue for it. Many injuries are not a normal part of childbirth. When a medical provider's negligence causes harm to the mother, she may have a medical malpractice claim just as her baby would. Common birth injuries to mothers include:

• Uterine rupture, sometimes caused by excessive Pitocin administration
• Severe tearing or lacerations from improper instrument use
• Hemorrhage from a failure to respond to warning signs
• Anesthesia or epidural errors
• Preeclampsia or eclampsia that was not properly monitored or treated

If a doctor or nurse failed to act appropriately given the circumstances, it may constitute medical negligence. That could be ignoring fetal heart rate warning signs, administering the wrong dose of a drug, or failing to order an emergency C-section in time.

How Long Do I Have to File a Birth Injury Claim in Illinois?

Under 735 ILCS 5/13-212, Illinois law gives parents two years from the date they discovered or should have discovered the injury to file a medical malpractice claim. Illinois also has a four-year "statute of repose" for adults, which means that no claim can be made for the mother after four years.

For claims brought on behalf of an injured child, the deadline is generally before the child turns eight. If the injury has rendered the child disabled, that window can extend until age 22.

These deadlines are non-negotiable. If you suspect something went wrong during your delivery or your child's birth, do not wait to get legal advice.

Call a Chicago, IL Birth Injury Attorney Today

Birth injury cases are among the most complex and high-stakes cases in medical malpractice law. You need someone who has handled them before and knows how to win.

At Winters Salzetta O'Brien & Richardson, LLC, our Chicago personal injury lawyers have secured significant results for families, including an $11 million case result for a birth injury client. We offer free consultations and are ready to hear your case. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 to speak with a lawyer today.