When Can Development Delays Be Caused by Medical Malpractice at Birth?

 Posted on August 06, 2026 in Birth Injury

The birth of a child is often one of the most joyful times of a parent’s life. However, labor and delivery can also carry significant risks for both the mother and child. Careful monitoring and timely treatment can minimize some of these risks. Doctors and nurses are always expected to follow accepted standards of care.

Sometimes, a preventable medical error or delay in care can cause serious harm to a newborn. Physical birth injuries can affect a child’s health, movement, learning, or development. Some children need therapy, medical care, or other support for many years. In the most serious cases, they may need care throughout their lives. At Birth Injury Law Alliance, Ltd., our Chicago, IL birth injury attorneys have secured millions in compensation for mothers and children alike, and we consider the long-term effects of a birth injury when pursuing claims.

Which Birth Injuries Can Cause Developmental Delays? 

"Developmental delay" is a fairly broad term that means a child is not reaching expected developmental milestones for their age. These include milestones involving movement, learning, speech, communication, and social or emotional development. Some begin relatively early and are quite clear, while others may develop more slowly and take time to recognize.

Many different birth injuries can lead or contribute to developmental delays, especially those affecting blood and oxygen flow to the brain. Some of the most common types of birth injuries that can result in developmental delays include: 

• Delayed C-sections 
• Failure to recognize or respond to fetal distress
• Excessively long labor
• Shoulder dystocia 
• Umbilical cord hazards 
• Inappropriate use of labor-inducing drugs like Pitocin 
• Using excessive physical force during delivery

Some of these problems may reduce oxygen or blood flow to a baby’s brain. Others may cause nerve or physical injuries. A serious loss of oxygen can sometimes even lead to cerebral palsy or hypoxic-ischemic encephalopathy. However, a diagnosis alone does not automatically prove that medical malpractice occurred.

What Are the Signs and Symptoms of a Birth Injury?

Because developmental delays may not become apparent right away after delivery, it is important to be aware of signs that could suggest a birth injury took place. These include, but are not limited to: 

• An infant requiring resuscitation, such as CPR or a breathing tube, immediately after delivery 
• Bruises, abrasions, or swelling on a baby’s head, face, or shoulders 
• A "floppy" feel to a baby’s body
• One arm that looks or feels limp
• Seizures

These signs do not necessarily mean that medical malpractice occurred. However, parents should speak with their child’s doctor about any concerns and ask whether further testing or treatment may be needed.

If you suspect that your child’s condition is related to an act of negligence, be sure to seek medical help immediately. You may also wish to speak with a birth injury attorney. An attorney must consult a qualified medical professional before filing most Illinois medical malpractice lawsuits. The lawsuit usually includes an affidavit and the professional’s written report, as required by (735 ILCS 5/2-622).

Should You Accept a Settlement for a Birth Injury Resulting in Developmental Delays?

A settlement offer can feel like a relief after a stressful birth injury case. However, early offers are not always fair. Insurance companies often move fast, and an offer may be made before the family understands the full cost of the child’s future care.

Developmental delays can affect a child for many years. Some children make progress with therapy and support. Others may need long-term care, special education, or medical equipment. A fair settlement should account for these future needs, not just the bills that have already piled up.

Before accepting any offer, it helps to get a clear picture of what your child may need down the road. This can include physical therapy, speech therapy, occupational therapy, tutoring, or long-term medical care. Once you accept a settlement, you usually cannot ask for more money later, even if your child's needs turn out to be greater than expected. For this reason, it is important to consider both current expenses and possible future needs before accepting an offer.

Who Can Be Held Liable for a Developmental Delay in 2026?

Several parties may be legally responsible when a birth injury leads to a developmental delay. Doctors, nurses, and other hospital staff all have a duty to provide safe and attentive care during labor and delivery.

As previously mentioned, doctors can be held responsible for failing to notice signs of fetal distress, delay a necessary cesarean section, or misuse tools like forceps or a vacuum extractor. Nurses can share fault if they fail to monitor a mother and baby properly or fail to alert a doctor when something goes wrong. Hospitals can also be held liable in certain situations. This may happen if the hospital failed to train its staff, kept unsafe staffing levels, or allowed known safety problems to continue. Who may be held responsible depends on the facts of the case.

What Can You Do if a Hospital Won’t Take Responsibility for a Birth Injury?

Hospitals do not always admit fault, even when a family believes that an error occurred during labor or delivery. If a hospital denies responsibility, filing a lawsuit may be the next step. This can help you get answers and seek fair compensation.

Once a lawsuit is filed, the case moves into a stage called discovery. Both sides can request and exchange medical records, staff schedules, internal policies, and other documents about the birth. Attorneys can also question doctors, nurses, and hospital staff under oath about what happened that day. This process may uncover details that were not available before the case was filed.

Expert witnesses play a large role in birth injury litigation. A medical expert can check the records and explain whether the care provided met accepted medical standards. This helps a judge or jury understand how a specific action or delay caused a child's developmental delay. The expert might also give an opinion about whether a medical mistake or delay caused or contributed to the child’s developmental delay.

Many cases settle before trial once discovery is complete. Some hospitals may still deny fault even after depositions and expert reports are finished. If the parties cannot reach a settlement, the claim can go to trial. A judge or jury will then decide if the hospital should be held responsible for the child's injuries.

Call a Cook County, IL Infant Injury Lawyer

Poor or inadequate care during labor and delivery can lead to birth injuries. These birth injuries may result in serious, lifelong developmental delays. If you fear your child has a developmental delay and you believe that a preventable medical error may have played a role, call an experienced Chicago, IL birth injury attorney with Birth Injury Law Alliance, Ltd.. We take every case seriously and are committed to helping you achieve a favorable outcome whenever possible. Call us today at 312-462-4200 to schedule your free consultation.