Can I Sue If My OBGYN Chose the Wrong Delivery Option?

 Posted on May 30, 2025 in Maternal Injuries

Today’s pregnant women have many more options to deliver their babies than mothers even 100 years ago. You can often plan your infant’s delivery date well ahead of time instead of waiting for labor to begin naturally. Some tools can be used to assist delivery, and C-section births are also common.

Each delivery option has potential advantages and disadvantages. Your obstetrician should be aware of the pros and cons, as well as the associated risk factors. You should be fully informed because maternal and birth injuries are possible if the wrong method is used. If you or your newborn suffered harm because your healthcare provider chose or allowed the wrong method, our dedicated Chicago, IL birth injuries attorneys can fight to help you secure the compensation you deserve.

What Delivery Options Are Available?

Historically, many women and babies were harmed or died during childbirth. Using today’s delivery options, those same injuries and deaths may have been prevented. Modern delivery methods include:

• Spontaneous vaginal delivery
• Induced vaginal delivery
• Forceps-assisted vaginal delivery
• Vacuum extraction vaginal delivery
• C-section
• Vaginal birth after C-section (VBAC)

Some of these methods are not suitable for everyone. For example, Pitocin-induced labor should be avoided if the baby is in a breech position, the fetus is distressed, or the mother has certain risk factors. A VBAC is not recommended for women with prior uterine surgeries or multiple pregnancies.

Even for women who choose to go into labor spontaneously, an episiotomy may be required to prevent vaginal tearing. If spontaneous or induced labor stalls, using forceps or vacuum extraction to deliver the infant is an option. These delivery tools must be used properly to avoid harming the child. Sometimes, a C-section is the better option.

Each patient’s condition and risk factors, both the mother's and the fetus's, need to be considered carefully before deciding which delivery option to use. Sometimes, that requires overriding a mother’s wishes. Significant harm or death can occur with an inadvisable method.

What Harm Can Come to Mothers and Babies by Choosing the Wrong Delivery Method?

A broad range of maternal and birth injuries can happen with ill-advised delivery methods. Possible birth injuries include cerebral palsy and other brain damage due to insufficient oxygen, nerve damage caused by forceps, and skull fractures. Maternal injuries might be uterine rupture, vaginal lacerations, or severe post-partum hemorrhage. Death is also possible for mother and child.

Medical negligence in these cases refers to failing to provide the same level of care that a similarly qualified medical professional would provide to the same patient in the same circumstances. For example, allowing a woman to attempt a VBAC with high-risk factors could harm both the mother and infant. Delaying or failing to perform a necessary C-section, using Pitocin when inadvisable, improper use of delivery tools, failing to monitor maternal and fetal conditions, and failing to perform an episiotomy are other forms of medical negligence.

To qualify for compensation, you or your child must have been harmed by some type of medical negligence. Finding the evidence you need in medical malpractice cases is challenging. We can investigate your situation to gather the necessary evidence. We will calculate your damages, which might include medical costs, other expenses related to the injury, and various forms of pain and suffering. Then, we will fight to help you collect maximum compensation.

Discuss Your Case With Our Skilled Cook County, IL Maternal Injuries Attorneys

If your OBGYN’s choice of delivery method harmed you or your child, our experienced Chicago, IL birth injuries lawyers can help. Money cannot undo the harm, but it can serve to hold the negligent provider accountable. Contact Birth Injury Law Alliance, Ltd. at 312-462-4200 or online to set up an appointment for your complimentary case review today.