Can a Hospital Be Liable for Failing to Monitor a High-Risk Pregnancy?

A hospital can be held liable when inadequate monitoring of a high-risk pregnancy leads to injury. However, a poor outcome alone does not prove malpractice. You must show that the hospital provided improper care and that the mistake caused harm. Our Joliet, IL birth injury lawyer can review the records and explain your options.
What Makes a Pregnancy High-Risk?
A pregnancy is high-risk when certain conditions increase the chance of problems. Some risks exist before pregnancy, while others develop later. Doctors must consider these risks when planning care.
Common risk factors include:
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Preeclampsia, high blood pressure, or diabetes
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Previous premature birth, pregnancy loss, or certain uterine surgeries
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Twins or other multiple pregnancies
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Poor fetal growth or abnormal amniotic fluid levels
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Placental problems or certain existing medical conditions
Not every patient with these conditions needs the same care. Doctors may recommend additional tests or a specialist. Risks can also change as pregnancy progresses, so the care plan should be reviewed. Failing to recognize a serious warning sign may be negligent if the mistake causes injury.
What Does Proper Monitoring of a High-Risk Pregnancy Involve?
Monitoring starts during prenatal care. Doctors may order more frequent appointments, blood tests, or ultrasounds. Nonstress tests check how the baby's heart rate changes with movement. A biophysical profile combines heart rate monitoring with an ultrasound to check the baby's health. Some patients need a maternal-fetal medicine specialist, a doctor who treats high-risk pregnancies.
During labor, electronic monitors track the baby's heart rate and the mother's contractions. These readings can show warning signs. Nurses and doctors must recognize serious changes and respond promptly. Recording the results without acting may not be enough.
An abnormal heart rate may require treatment or faster delivery. Sometimes a cesarean section is necessary. However, not every abnormal reading requires immediate surgery. The right response depends on the mother's condition, the baby's condition, and the stage of labor. Experts can review whether staff acted too slowly.
When Can a Hospital Be Responsible for a Birth Injury in Illinois?
A hospital may be liable for negligent employees, including nurses who miss warning signs or fail to alert doctors. Unsafe staffing and faulty equipment can create liability, with records helping show what happened. Some doctors are independent contractors. Still, hospitals can be responsible if patients reasonably believed those doctors represented the hospital. Hospitals are not necessarily liable for errors at separate prenatal offices. An attorney can identify who provided care and who employed them.
What Evidence Is Needed to File an Illinois Birth Injury Lawsuit?
Illinois has special requirements for medical malpractice lawsuits. Under 735 ILCS 5/2-622, the lawsuit usually must include an affidavit, a sworn statement confirming that a qualified medical professional reviewed the case. A written report must explain why the case has merit. Separate reports are generally required for each defendant.
The reviewer must have relevant medical experience, including recent practice or teaching. In limited situations, the report can be filed later. These include an approaching filing deadline or a failure to provide requested medical records. The required affidavit must explain why more time is needed. Without the required paperwork, a court can dismiss the lawsuit.
Important evidence includes fetal monitoring strips, nursing notes, test results, and messages to doctors. An expert can explain whether proper monitoring would have prevented the injury. The evidence has to connect the medical mistake to the harm suffered by the mother or baby.
How Long Do You Have to File a Birth Injury Claim in Illinois?
Under 735 ILCS 5/13-212, a child’s medical malpractice claim usually must be filed within eight years of the medical mistake and before the child’s 22nd birthday. For birth injuries, this usually means filing by around the child’s eighth birthday. A mother usually has two years from when she knew or should have known about the injury to file her own claim. Most claims must also be filed within four years of the medical mistake.
Schedule a Free Consultation With Our Will County, IL Medical Malpractice Attorney
Attorney Dave Carlson is a former judge and prosecutor with nearly 25 years of legal experience. He works with Schwartz Jambois, a highly rated, experienced personal injury firm, on serious injury cases. Our team can consult medical experts, investigate possible negligence, and seek compensation for your family's losses. This may include ongoing treatment and support for a child with permanent injuries.
Contact Carlson Law Group, P.C. at 815-710-3700 to talk to our Joliet, IL birth injury lawyer today.


