When maternal complications in Birmingham result from a failure to meet the accepted standard of care, both you and your baby may have separate legal claims under Alabama law. Common situations include missed or delayed preeclampsia, postpartum hemorrhage that was not controlled in time, maternal sepsis with a delayed diagnosis, and failure to respond to fetal distress during labor.
Birmingham’s hospitals and birthing facilities handle thousands of deliveries every year. Most go well, but when a provider misses a warning sign, delays critical treatment, or fails to meet the accepted standard of care, the consequences for you and your baby can be permanent.
If you or your baby were harmed during pregnancy or delivery at a Birmingham hospital or birthing facility, the birth injury attorneys at Hare Wynn can review what happened and tell you honestly where your family stands. We have been fighting for Alabama families in court for more than 135 years. Here is what you need to know about your legal options.
What Counts as a Maternal Complication That May Support a Legal Claim
Not every difficult pregnancy or complicated delivery gives rise to a malpractice claim. What matters legally is whether a healthcare provider failed to meet the accepted standard of care and whether that failure caused your injury or your baby’s injury. In Birmingham, the most common maternal complications that lead to malpractice investigations include the following:
Preeclampsia and HELLP Syndrome
Preeclampsia is a serious condition marked by high blood pressure and signs of organ damage, typically developing after the twentieth week of pregnancy. HELLP syndrome is a severe variant that affects the liver and blood-clotting system.
Both conditions need fast diagnosis and treatment. When a provider dismisses your symptoms, fails to order the right tests, or delays treatment after a diagnosis, the consequences for you and your baby can be permanent and life-threatening.
Postpartum Hemorrhage
Uncontrolled bleeding after delivery is one of the leading causes of maternal death in the United States. The standard of care requires that your providers watch for hemorrhage risk factors before delivery, respond immediately when heavy bleeding starts, and use proven steps to bring blood loss under control. A failure to act quickly enough can result in organ damage, emergency surgery, or death.
Maternal Sepsis
Infection during or after delivery can turn into sepsis quickly. The standard of care requires that providers watch for early signs of infection, order the right tests, and start antibiotic treatment without delay. A missed or delayed diagnosis of sepsis can cause permanent organ damage or death.
Gestational Diabetes Mismanagement
Gestational diabetes that is not properly managed during your pregnancy can lead to a dangerously large baby, raising the risk of shoulder dystocia, emergency C-section, and oxygen deprivation during delivery. The standard of care requires appropriate screening, monitoring, and blood sugar management throughout your pregnancy.
Placental Abruption and Placenta Previa
Both conditions involve problems with the placement or separation of the placenta and require careful monitoring and timely action. A failure to diagnose or respond appropriately to either condition can cut off your baby’s oxygen and blood supply, causing permanent brain damage or death.
Uterine Rupture
Uterine rupture is rare but catastrophic, especially for mothers attempting vaginal birth after a previous C-section. The standard of care requires that providers watch carefully for warning signs and respond immediately when rupture is suspected. Delays of even a few minutes could potentially cause permanent harm to both you and your baby.
Failure to Monitor Fetal Distress During Labor
Throughout labor, continuous electronic fetal monitoring is the standard of care in most hospital deliveries. A provider who fails to recognize abnormal fetal heart rate patterns, fails to escalate them, or delays a necessary C-section when fetal distress is clear may have breached the standard of care.
Can You File Your Own Malpractice Claim Separately From Your Baby’s Claim?
Yes. Your legal claim as the injured mother is entirely separate from any claim on behalf of your baby. If you suffered serious harm during pregnancy, labor, or delivery (like organ damage, a life-threatening hemorrhage, emergency surgery, or a permanent disability), you may have your own legal claim regardless of whether your baby was injured.
Under Alabama Code Section 6-5-542, recoverable future damages include future medical treatment and care, loss of future earnings, future loss of earning capacity, future loss of bodily function, future loss of consortium, and future pain and suffering. In addition to future damages, you may also recover past medical expenses already incurred. Both your claim and your baby’s claim can be pursued at the same time, and they do not cancel each other out.
Birmingham Hospitals and Where Liability May Fall
Birmingham is home to several major medical facilities where high-risk pregnancies and complicated deliveries are managed, including UAB Hospital, Brookwood Baptist Medical Center, St. Vincent’s Birmingham, and Children’s of Alabama.
When a complication occurs, the responsibility does not always fall on one person. Potential defendants in a maternal complication case in Birmingham may include:
- The delivering obstetrician or maternal-fetal medicine specialist
- Labor and delivery nursing staff
- Anesthesiologists
- The hospital itself, for staffing failures, protocol failures, or equipment failures
- Any specialist involved in your prenatal care who missed or mismanaged a warning sign
If you are trying to figure out whether what happened to you or your baby was preventable, contact the medical malpractice team at Hare Wynn. We will review the records and give you an honest answer before you make any decisions. You can also read more about what happens when multiple providers are named in a malpractice lawsuit.
How Alabama Law Applies to Your Case
All maternal complication and birth injury malpractice claims in Alabama are governed by the Alabama Medical Liability Act. To bring a successful claim, you must show four things:
- A provider-patient relationship existed
- Your provider failed to meet the accepted standard of care
- That failure directly caused your injury or your baby’s injury
- The injury resulted in measurable damages
Expert Witnesses
Under Alabama Code Section 6-5-548, the expert testifying about the breach must practice in the same general line of care as the defendant. If the defendant is board-certified in a specialty, the expert must hold the same board certification.
Read more about the role of expert witnesses in Alabama malpractice trials.
Filing Your Complaint
Under Alabama Code Section 6-5-551, your complaint must describe every specific act of negligence, including the date, time, and place it occurred where feasible. Any act not described in the original complaint cannot be raised at trial.
Deadlines
The standard deadline for your claim is two years from the date of the negligent act under Alabama Code Section 6-5-482. For your baby’s claim, the minor exception typically gives your child until their eighth birthday to file.
Damages
Alabama does not cap compensatory damages in medical malpractice cases. A jury is free to award an amount that reflects the true, full scope of what you and your baby have suffered and will continue to suffer.
Birmingham Birth Injury and Maternal Malpractice Attorneys
A pregnancy complication that results from someone else’s negligence changes everything. The physical recovery, the emotional weight, the financial pressure of ongoing care… none of it should fall entirely on your family when a provider failed to do their job.
Hare Wynn has been investigating maternal and birth injury negligence and fighting for Alabama families in Birmingham courts for more than 135 years. We know how to build these cases, retain the right experts, and pursue the full scope of what you and your child are entitled to recover. You can see what that commitment looks like in our case results.
If you or your baby were harmed during pregnancy, labor, or delivery in Birmingham, do not wait to find out where you stand. Contact Hare Wynn today.
Frequently Asked Questions About Maternal Complications and Birth Injuries in Birmingham
1. Can you file a malpractice claim if you were seriously injured during delivery but your baby was not harmed?
Yes. Your legal claim as the injured mother is entirely separate from any claim on behalf of your baby. If you suffered organ damage, a life-threatening hemorrhage, an emergency hysterectomy, or other serious complications due to negligent care, you may have a valid malpractice claim regardless of your baby’s outcome. Under Alabama Code Section 6-5-542, your recoverable damages include past and future medical expenses, future loss of earning capacity, future loss of bodily function, and future pain and suffering.
2. What are the most common maternal complications that lead to malpractice claims in Birmingham?
The most common include preeclampsia and HELLP syndrome that was missed or treated too late, postpartum hemorrhage that was not controlled quickly enough, maternal sepsis with a delayed diagnosis, gestational diabetes that was poorly managed, placental abruption or placenta previa that was not responded to in time, and failure to respond to fetal distress during labor. In each situation the question is whether your provider met the accepted standard of care and whether their failure caused your injury.
3. How long do you have to file a maternal malpractice claim in Alabama?
The standard deadline under Alabama Code Section 6-5-482 is two years from the date of the negligent act. For your baby’s birth injury claim, the minor exception typically gives your child until their eighth birthday to file. Read more about Alabama birth injury lawsuit deadlines for a full breakdown of both timelines.
4. Who can be held liable for a maternal complication in a Birmingham hospital?
Liability can fall on multiple parties, including the delivering physician, labor and delivery nurses, an anesthesiologist, a specialist involved in your prenatal care, or the hospital itself for staffing or protocol failures. In some cases, more than one party shares responsibility.
5. What if the hospital says the complication was unavoidable?
This is one of the most common defenses in maternal complication cases. Read more about common defenses doctors use in malpractice cases to understand how providers typically argue against liability and why having the right expert witnesses from the start is essential to countering those arguments.
6. Can both a maternal claim and a birth injury claim be filed at the same time?
Yes. Both claims can be pursued at the same time. They are separate legal actions reflecting different injuries and different damages. The same negligent act can harm both you and your baby, and each of you has your own right to compensation under Alabama law.
7. What evidence is most important in a maternal complication malpractice case?
The most important evidence is typically your prenatal records, labor and delivery records, fetal monitoring strips, nursing notes, medication records, and the electronic medical record audit trail showing when warning signs appeared and how long it took for anyone to act. Read our guide on how to get your medical records in Alabama as a first step.