Chicago C-Section Injury Lawyer

Seek Justice for C-Section Birth Injuries

A cesarean section (C-section) is often necessary when delivery complications put the mother or baby at risk. However, medical errors during the procedure can cause serious injuries, leading to lifelong consequences. If you or your child suffered harm due to medical negligence, a Chicago C-section injury lawyer can help. Our birth injury attorneys fight for compensation for medical expenses, lost wages, and long-term care.

Settlements & Verdicts Recovered by Our Chicago Law Firm

At Rosenfeld Injury Lawyers, we have extensive experience representing families in cases involving negligent C-sections, delayed delivery, and failures to respond to fetal distress.

• $16,433,000 Settlement – During delivery at a Chicago hospital, baby Noah suffered oxygen deprivation after staff delayed responding to abnormal heart rate patterns. His parents filed a claim, alleging medical negligence during labor. Noah now lives with brain damage and requires full-time care. The case settled for $16.4 million.
• $6,140,000 Settlement – Emma was more than a week past her due date when fetal monitors began showing signs of fetal distress. Despite the warning signs, no C-section was offered. Her son Liam was born with cerebral palsy and now needs 24-hour care. The Chicago family received $6.14 million.
• $3,250,000 Settlement – After repeated signs of fetal distress, Maria’s care team at a South Side hospital failed to order an emergency C-section. Her baby was tragically stillborn. She pursued a wrongful death lawsuit and recovered $3.25 million, citing the hospital’s failure to follow medical guidelines.

What Are Common Types of C-Section Injuries to Mothers?

While a C-section is often necessary to ensure a safe birth, mistakes during or after the procedure can cause severe injuries to the mother. Errors by healthcare providers may lead to long-term health issues, additional surgeries, or life-threatening complications. Understanding these risks can help families recognize when negligence has occurred.

Surgical Errors and Negligence

A C-section is a major surgery, and mistakes during the procedure can have devastating effects. Errors such as improper incisions, accidental damage to internal organs, or failure to control bleeding can lead to severe complications. In some cases, staff may leave surgical instruments or sponges inside the body, resulting in infections or the need for additional surgery.

Negligence can also occur if healthcare providers fail to monitor the mother’s condition during the operation, leading to excessive blood loss or other complications. If a doctor does not respond quickly to signs of distress or makes an avoidable mistake during surgery, the mother and baby can suffer lasting harm.

Postoperative Complications

After a C-section, proper monitoring and care are essential. If medical staff fail to follow standard protocols, serious complications can arise. Infections at the incision site or inside the abdomen are common when healthcare providers do not use sterile techniques or fail to recognize early signs of infection. Sepsis, a life-threatening response to infection, can develop if left untreated.

Blood clots, particularly deep vein thrombosis (DVT), are another major concern. If doctors do not take preventive measures, such as prescribing blood thinners or encouraging mobility, a clot can form and travel to the lungs, causing a pulmonary embolism. Poor postoperative care may also lead to internal bleeding or issues with the uterus healing properly, increasing the risk of complications in future pregnancies.

Anesthesia is necessary for a C-section, but errors in its administration can cause serious injuries. If an anesthesiologist miscalculates the dosage, a mother may experience dangerously low blood pressure or even cardiac arrest. In some cases, spinal or epidural anesthesia may not be administered correctly, leading to nerve damage or severe headaches.

Another risk is medical negligence during intubation. If a mother needs general anesthesia, improper placement of the breathing tube can cause oxygen supply deprivation, which may result in brain damage. Failing to monitor the mother’s vital signs can also lead to life-threatening complications.

What Are Common Types of C-Section Injuries to Infants?

While a C-section is meant to protect the baby in high-risk deliveries, errors during the procedure can lead to birth injuries. Mistakes such as improper use of delivery tools, delays in performing the surgery, or failure to monitor oxygen levels can result in injuries with lifelong consequences.

During a C-section, doctors may use forceps or a vacuum extractor to help guide the baby through the birth canal. While these tools can be necessary for difficult deliveries, improper use can cause severe birth injuries. Excessive force or incorrect positioning of the instruments may lead to skull fractures, brain bleeds, or nerve damage.

Forceps can put pressure on the baby’s head, potentially causing facial injuries or conditions like brachial plexus injuries, which affect arm movement. A vacuum extractor, if misapplied, can lead to severe injuries such as scalp wounds, hemorrhaging, or even brain damage if excessive suction is used.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a severe brain injury caused by a lack of oxygen and blood flow before, during, or after birth. During a C-section, delays in delivery, umbilical cord complications, or failure to monitor fetal distress can result in oxygen supply deprivation, increasing the risk of HIE.

When the baby’s brain does not receive enough oxygen, brain cells begin to die, potentially leading to long-term disabilities such as CP, developmental delays, or cognitive impairments. In some cases, immediate medical treatment, including therapeutic hypothermia, can reduce brain damage, but many children with HIE require lifelong care.

Doctors and other staff must act quickly if a baby shows signs of oxygen supply deprivation. If a preventable delay or error during a C-section led to HIE, families may be eligible to file a claim.

How Is Medical Malpractice Determined in C-Section Cases?

Not every C-section complication is caused by medical negligence, but when a doctor or medical staff fails to meet the accepted standard of care, they can be held accountable. To prove malpractice, families must show that a provider’s mistake directly caused serious injuries to the mother or baby.

Establishing a Breach of the Standard of Care

Doctors, nurses, and other healthcare providers must follow established medical guidelines when performing a C-section. This is known as the standard of care, which refers to the level of skill and caution that a competent medical professional would use in similar circumstances. 

If a provider makes a preventable error—such as delaying an emergency C-section or using improper surgical techniques—they may have breached this standard.

A breach of the standard of care means the provider did something that a reasonably skilled professional would not have done or failed to take necessary actions that could have prevented harm. 

This is a key factor, as it helps establish whether negligence occurred. A C-section injury attorney can review medical records and consult experts to determine if a provider’s actions deviated from accepted medical practices.

Proving Causation: Linking Negligence to Injuries

To hold a provider accountable, it must be shown that their negligence directly caused harm. Proving causation means demonstrating that the injury would not have occurred without the provider’s mistake. This is often the most challenging part of a claim.

For example, if a doctor delayed a C-section despite clear signs of distress, resulting in hypoxic-ischemic encephalopathy (HIE), the delay must be directly linked to oxygen supply deprivation. 

Similarly, if a surgeon made an improper incision, leading to excessive bleeding and organ damage, the injury must be traced back to that error. Medical care records, surgical reports, and expert analysis help establish this connection.

A Chicago medical malpractice lawyer works to gather evidence showing how the provider’s actions—or failure to act—led to serious injuries. This step is crucial in securing compensation for treatment, rehabilitation, and the child’s future needs.

Expert Testimony in C-Section Malpractice Cases

Medical expert testimony is often required to prove the breach of the standard of care and causation in a C-section malpractice case. These experts—typically experienced obstetricians, anesthesiologists, or surgeons—review medical treatment records and provide professional opinions on what should have been done differently.

Experts can explain complex medical issues in a way that judges and juries understand, clarifying how a provider’s actions deviated from accepted medical practices. 

For instance, an obstetrician might testify that a timely C-section would have prevented umbilical cord compressionand avoided brain damage. An anesthesiologist might confirm that an overdose of anesthesia caused a mother’s complications.

Proving malpractice can be difficult without expert testimony. A birth injury attorney works with qualified professionals to build a strong case, helping families seek compensation for medical care, ongoing treatment, and other damages.

What Types of Damages Can Be Recovered in C-Section Injury Claims?

Families affected by C-section errors often face significant financial and emotional burdens. A birth injury case can help recover compensation for economic and non-economic losses.

Economic Damages

Economic damages include measurable financial losses caused by a C-section injury. These often include:

• Medical bills for hospital stays, surgeries, medications, and follow-up medical care.
• Costs of long-term treatment, such as physical therapy or specialized care.
• Lost wages if the mother or a parent must take time off work for recovery or to care for an injured child.
• Future lost earnings if the mother suffers permanent harm affecting her ability to work.

Non-Economic Damages

Not all losses are financial; non-economic damages compensate for the physical and emotional impact of a C-section injury. These may include:

• Pain and suffering from surgical complications, long recovery periods, or permanent disabilities.
• Emotional distress, such as anxiety, depression, or post-traumatic stress, caused by a traumatic birth experience.
• Loss of enjoyment of life if the injury affects the mother’s or child’s ability to live a normal life.
• Loss of parental or spousal relationship if the mother’s injuries impact her relationship with her child or partner.

What Is the Average C-Section Birth Injury Claim in Chicago?

Based on Law.com’s VerdictSearch, the average C-section injury claim in Chicago results in a payout of approximately $17.6 million, with claim values ranging from $625,000 to over $100 million.

Several key factors influence the outcome:

• Severity of the injury: Cases involving permanent injuries tend to result in higher compensation. These injuries often require lifelong care, driving up the total medical expenses.
• Type of delivery error: Failure to timely perform a C-section in the presence of fetal distress, mishandling of surgical tools, or mistakes made during delivery that damage the umbilical cord, birth canal, or baby’s skull can all be considered malpractice.
• Proof of negligence: The strength of the evidence showing that medical procedures were mishandled or prenatal care was inadequate is critical. A seasoned birth injury lawyer can help establish where the standard of care was breached.
• Long-term impact on the child: Children who suffer from brain injury, brachial plexus injury, Erb’s palsy, or intracranial hemorrhage may need lifetime medical support, which adds to the overall value of a claim.
• Wrongful death: In the most tragic cases, where either the baby or both the mother and child die due to errors during a C-section, families may seek compensation through a wrongful death action.

Example Cases

$50.3 Million Verdict – Delayed Cesarean and Pitocin Misuse Causing Cerebral Palsy

Aimee Florez gave birth to her son, Julien, at NorthShore University Hospital after hours of labor complicated by repeated fetal heart decelerations. Despite warning signs of distress, medical staff administered Pitocin against hospital policy and failed to perform a timely C-section. Julien was delivered lifeless and later diagnosed with CP.

Florez’s experts testified that the medical professionals failed to act according to medical guidelines, delaying surgery and mismanaging medication. The defense argued that care met the standard, but a jury found in favor of the plaintiffs. Julien received a $50.3 million verdict, which included compensation for future medical costs, emotional distress, and loss of a normal life.

$35 Million Settlement – Anesthesiologist Delay Resulting in Brain Damage During C-Section 

Evelyn Arkebauer was admitted for a vaginal birth after a prior C-section, but complications required a surgical delivery. Despite hospital policy requiring a C-section within 30 minutes of decision, delays occurred because the attending anesthesiologist failed to respond to multiple pages. By the time surgery began, the uterus had ruptured, and the baby suffered oxygen deprivation and CP.

The plaintiffs alleged that both the medical professionals and hospital staff failed to act promptly, constituting medical malpractice. Experts calculated over $16 million in future medical bills and nearly $4 million in lost wages. After the closing arguments, the court approved a $35 million settlement with no admission of liability.

$24.5 Million Award – Pitocin Mismanagement and Uterine Rupture Leading to Cerebral Palsy 

Evelyne Tremain’s labor at St. Elizabeth Hospital was managed by an Air Force nurse-midwife who administered excessive Pitocin without proper supervision. Despite dangerous contraction patterns, the medication continued until the uterus ruptured. An emergency C-section delivered Toby Tremain, who was born unresponsive and diagnosed with CP.

Plaintiffs argued the nurse and supervising physician failed to provide appropriate oversight and timely surgical intervention, which was considered negligent. The court awarded $24.5 million, covering damages for future care, therapies, and loss of normal life.

$17.07 Million Verdict – Failure to Perform Timely Emergency C-Section After Maternal Seizure 

Nineteen-year-old Selene Araujo suffered a seizure during labor, but her medical team delayed performing a C-section for more than 30 minutes after clear signs of distress. The baby, Evelyn, was born with cerebral palsy, quadriplegia, and brain damage due to prolonged oxygen deprivation. Plaintiffs argued that the hospital’s staff failed to act with urgency and continued intrauterine resuscitation beyond what medical guidelines recommend.

Defense experts claimed genetic abnormalities caused the outcome, but the jury found the delay in surgery constituted negligence. The jury awarded $17.07 million, including damages for pain and suffering, loss of normal life, and future medical costs.

What Laws Govern Cases Involving Birth Injuries Caused by Negligent C-Sections in Illinois?

In Illinois, plaintiffs filing a claim due to negligent C-sections must attach a certificate of merit under 735 ILCS 5/2‑622. This requires a qualified medical professional to review the case and confirm that negligence likely occurred. Without this affidavit, the case may be dismissed early in the process, even if harm clearly exists.

Illinois law sets strict time limits for filing birth injury litigation. Under 735 ILCS 5/13-212, claims must typically be filed within two years of discovering the injury, but no later than eight years after the act of medical negligence. For minors injured during birth, the law allows filing up until their 8th birthday, giving families more time to seek an injury lawyer.

In LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court struck down a law that capped non-economic damages in medical malpractice cases, including birth injuries resulting from delayed C-sections. This ruling allows birth injury victims in Illinois to pursue maximum compensation for pain, suffering, and permanent brain damage without being limited by arbitrary statutory caps.

Why Choose Our Chicago C-Section Injury Law Firm

At Rosenfeld Injury Lawyers, we have a proven track record of helping families recover compensation for C-section errors. Our team of experienced birth injury attorneys understands the devastating impact these cases have on mothers, babies, and their families.

We have successfully handled complex medical malpractice lawsuits, holding negligent healthcare providers accountable for their mistakes. Our firm works with leading experts to analyze medical records, identify errors, and build strong cases. We fight aggressively to recover compensation for medical bills, lifelong care, and the emotional toll of a C-section injury.

How to Know If You Have a C-Section Malpractice Case

Not every C-section complication is caused by negligence, but some injuries result from preventable errors. If a doctor, nurse, or other healthcare provider fails to follow standard procedures and causes harm, you may have a birth injury case.

Signs of medical malpractice include:

• Unnecessary delays in performing a C-section, especially when there were signs of distress;
• Surgical mistakes, such as improper incisions, excessive bleeding, or organ damage;
• Errors in anesthesia administration;
• Improper use of forceps or vacuum extractors, causing birth injuries like fractures or nerve damage;
• Failure to monitor the baby’s oxygen levels, resulting in hypoxic-ischemic encephalopathy (HIE);
• Infections or blood clots due to poor postoperative care.

If you or your child suffered serious injuries during a C-section, reviewing medical records with an experienced lawyer can help determine if malpractice occurred. A Chicago C-section injury lawyer can assess your case, consult medical experts, and help you pursue compensation.

How Much Does it Cost to Hire a C-Section Injury Lawyer?

Hiring a C-section injury attorney does not require any upfront payment. Our firm works on a contingency fee basis, meaning we only get paid if we win your case. This allows families to pursue a claim without worrying about legal fees while facing medical bills and other financial burdens.

If your case is successful, our fee is a percentage of the settlement or verdict, which we discuss with you in advance.

Consult a C-Section Birth Injury Lawyer!

If you or your child suffered harm due to negligence during a C-section, you deserve legal support.

At Rosenfeld Injury Lawyers, our experienced birth injury attorneys fight for families dealing with serious injuries and negotiate with insurance companies to ensure they receive fair compensation for medical bills, ongoing care, and emotional suffering.

We offer a free consultation to review your case and explain your legal options.

Call us at (888) 424–5757 or fill out our contact form to speak with a dedicated Chicago personal injury attorney who will fight for your rights.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.