If Premature Birth Harmed My Child, Can I Sue?

 Posted on December 11, 2024 in Birth Injury

The length of a human pregnancy is measured in weeks. A birth between 37 and 40 weeks is considered full-term, and births occurring at less than 37 weeks are deemed premature. A baby’s body continues developing throughout the entire pregnancy, and premature birth can result in multiple health issues due to underdeveloped organs and systems. Physicians may be able to delay a birth to give the baby more time in the womb.

What if my doctor did nothing to prevent premature birth? What kinds of health issues do premature babies experience? A knowledgeable Chicago, IL birth injury lawyer from Birth Injury Law Alliance, Ltd. can assess your situation and help you explore your legal options.

Preterm Birth Rates and Statistics

According to the Centers for Disease Control and Prevention, 10.4 percent of babies born in the U.S. in 2022 were premature, representing a 1 percent decrease from 2021. The instances of Black women experiencing premature birth in 2022 were around 50 percent higher than Hispanic or White women:

• Black women: 14.6 percent

• Hispanic women: 10.1 percent

• White women: 9.4 percent

Teens and women over 35 are at higher risk for early delivery, as are women carrying multiple babies. Other maternal behaviors and health conditions can also increase the likelihood of premature birth. However, a licensed physician or midwife who closely monitors maternal and fetal health during pregnancy should spot warning signs, particularly when risk factors are high. Not every premature birth is preventable, but some are.

Premature Birth and Health Problems

The severity of the issues your child could face depends on various factors, including how early your child was born. Babies delivered at under 32 weeks of pregnancy typically experience more profound effects if they survive. However, any premature birth can be associated with:

• Brain injuries and damage

• Cerebral palsy

• Hearing and vision problems

• Lung and breathing issues

• Developmental delays

• Weakened immune systems

• Heart issues and blood-related problems

Your preterm child may require extended periods in a hospital intensive care unit immediately after birth, and he or she could experience life-long issues requiring specialized treatment and care. The financial burden can be staggering, but the emotional and mental toll can be just as overwhelming.

When a Preterm Birth Might Have Been Caused by Medical Negligence

Not all premature births are due to medical negligence. Examples that could provide grounds for a medical malpractice claim include:

• A C-section or induced labor scheduled before 39 weeks

• Failure to treat maternal infections appropriately

• Failure to order bed rest for certain maternal conditions, such as preeclampsia

• Failure to use medications or procedures to delay or prevent labor when appropriate

• Failure to monitor fetal or maternal health

• Failure to obtain or consider the mother’s medical history and risk factors

If negligent behaviors caused birth injuries, a skilled lawyer can pursue a claim against the responsible party or parties. Medical malpractice cases can be more complex than many types of personal injury cases, so it is best to work with an attorney with considerable experience who can handle them successfully.

Speak to Our Skilled Chicago, IL Premature Birth Lawyers

If a preventable preterm delivery harmed your child, Birth Injury Law Alliance, Ltd. has the focused legal knowledge necessary to secure the compensation you deserve. Arrange your free case review with one of our determined Cook County, IL birth injuries attorneys by calling 312-462-4200 or contacting us online.