Maternal infections are a recognized, often preventable cause of serious birth injury. When a doctor fails to screen for, identify, or treat an infection during pregnancy or labor, the consequences for a baby can be permanent: brain damage, cerebral palsy, hearing loss, or worse. These are not outcomes families should have to accept when standard medical care could have changed the course of events.

If your child was born with an infection-related injury and you’re wondering whether the medical team did everything they should have, you’re asking the right question. Beam Legal Team has spent more than 40 years pursuing justice for families in obstetrical malpractice and birth injury cases, with billions recovered in verdicts and settlements. Our firm focuses exclusively on birth injury and medical malpractice, not general personal injury.

Knowing how maternal infections harm newborns, which infections carry the highest risk, what negligence looks like in these cases, and what legal options your family may have is important if you suspect your baby was harmed during birth. Contact us to schedule a free consultation to discuss your case.

What Are Maternal Infections and How Do They Harm a Baby?

A maternal infection is a bacterial, viral, or parasitic infection that a mother carries during pregnancy, labor, or delivery. These infections can reach the baby in three ways: by crossing the placenta, by transmitting through the birth canal during vaginal delivery, or, in some cases, after birth through breast milk or close contact.

Once an infection reaches the baby, harm can occur through two pathways:

  • Direct Transmission: The pathogen infects the baby directly, attacking the developing brain, lungs, blood, or spinal cord membranes.
  • Systemic Inflammation: Maternal infection triggers an inflammatory response that disrupts oxygen delivery to the baby’s brain, damages fetal membranes, or causes premature labor, even when the baby isn’t directly infected.

Both pathways can cause serious neurological damage. What makes these cases particularly hard for families is that a baby may appear healthy at birth, with the full extent of the injury only becoming apparent months or years later when developmental milestones aren’t reached.

Common Maternal Infections That Can Cause Birth Injuries

Not all infections carry equal risk, and not all require the same screening or treatment. The following are among the most clinically significant and often closely associated with medical negligence.

Group B Streptococcus (GBS)

GBS is a bacterial infection found in the vaginal or rectal area of roughly 1 in 4 pregnant women. Most carriers have no symptoms, which is precisely why screening matters. The standard of care requires GBS testing between 35 and 37 weeks of pregnancy. When the test is positive, IV antibiotics during labor can prevent transmission to the baby.

Failure to screen, failure to administer prophylactic antibiotics, or failure to act when GBS status is positive or unknown is one of the most clearly defined standard-of-care violations in obstetrics, and one of the more common bases for birth injury malpractice claims. Babies who contract GBS can develop sepsis, meningitis, or pneumonia within hours of birth.

Chorioamnionitis

Chorioamnionitis is an infection of the amniotic fluid and fetal membranes surrounding the baby. Clinically, chorioamnionitis is diagnosed when a mother presents with fever during labor (typically 100.4°F / 38°C or higher) alongside other indicators such as elevated white blood cell count, uterine tenderness, or foul-smelling amniotic fluid.

It can trigger preterm labor and cause systemic inflammation that disrupts oxygen flow to the baby’s brain, potentially leading to hypoxic-ischemic encephalopathy (HIE), cerebral palsy, or neonatal sepsis. Medical staff are trained to recognize these signs. Failure to respond promptly with antibiotics, delivery, or both is a fundamental breach of basic delivery protocol.

TORCH Infections

TORCH is the clinical acronym for a group of infections known to be particularly dangerous to the fetus: Toxoplasmosis, Rubella, Cytomegalovirus (CMV), Herpes simplex virus (HSV), and other infections, including syphilis, HIV, and Zika. Standard prenatal bloodwork includes screening for several of these, and the reason is straightforward: early detection allows for treatment or delivery management that can significantly reduce harm.

A few of the highest-risk infections in this group include:

  • Toxoplasmosis: A parasitic infection often transmitted through undercooked meat or cat feces. Fetal infection can cause brain damage, vision loss, and developmental delays.
  • Cytomegalovirus (CMV): The most common congenital viral infection. Many mothers are asymptomatic. Babies can develop sensorineural hearing loss, vision problems, intellectual disability, or cerebral palsy.
  • Herpes Simplex Virus (HSV): Neonatal herpes, acquired during vaginal delivery through an active lesion, can cause brain damage and death. When active lesions are present, a C-section is the standard of care. Failure to identify an active outbreak and order a C-section is a recognized basis for malpractice.
  • Rubella: Infection during the first trimester can cause congenital rubella syndrome, including heart defects, deafness, and intellectual disability. Largely preventable through vaccination and prenatal screening.

The TORCH panel and other prenatal screenings exist because these infections are treatable, or at a minimum, manageable, when caught early. A missed diagnosis or a lab result that never prompted a follow-up conversation with the patient can become the center of a malpractice claim.

Birth Injuries Caused by Untreated Maternal Infections

When an infection is missed, ignored, or undertreated, the range of potential injuries is wide and often severe. The most common outcomes:

  • Hypoxic-Ischemic Encephalopathy (HIE): Inflammation and oxygen disruption during labor cause brain injury. One of the most serious and time-sensitive neonatal emergencies is HIE. Treatment through body cooling therapy must begin within hours of birth.
  • Cerebral Palsy: Peer-reviewed research links maternal infection during labor, including chorioamnionitis, to a roughly four times higher risk of cerebral palsy in full-term infants.
  • Neonatal Meningitis: Bacterial infections, particularly GBS and E. coli, can infect the membranes surrounding the baby’s brain and spinal cord, causing permanent neurological damage, hearing loss, or death.
  • Neonatal Sepsis: A bloodstream infection in a newborn that can become life-threatening within hours without aggressive treatment. GBS is a leading cause.
  • Hearing Loss and Vision Impairment: CMV and other TORCH infections are among the leading preventable causes of sensorineural hearing loss in children.
  • Preterm Birth Complications: Chorioamnionitis is a major driver of premature labor. Premature birth itself carries significant neurological risks, including periventricular leukomalacia (PVL) and intraventricular hemorrhage.

Many of these conditions are not obvious at delivery. A baby may pass initial newborn assessments only to show signs of developmental delay at 12, 18, or 24 months. That delayed presentation is part of why Illinois provides an extended filing window for birth injury claims involving children, discussed below.

When a Maternal Infection Becomes Medical Malpractice

Not every birth injury connected to a maternal infection is the result of negligence. Some infections move faster than treatment can. The legal question is whether the medical team met the accepted standard of care for screening, diagnosis, and treatment, given what they knew, or should have known.

Common negligence scenarios in maternal infection cases:

  • GBS Screening Failure: Not ordering the standard GBS culture between 35 and 37 weeks or not acting on a positive result with intrapartum antibiotics
  • Chorioamnionitis Missed During Labor: Failing to recognize or respond to maternal fever and other signs of amniotic infection during active labor
  • Herpes Management Failure: Not identifying an active HSV outbreak at the time of delivery and proceeding with vaginal delivery, exposing the baby to the virus
  • TORCH Panel Not Ordered or Not Communicated: Failing to include standard prenatal infection screening or obtain results, and failing to discuss them with the patient
  • Inadequate or Delayed Treatment: Identifying an infection but prescribing an inadequate antibiotic regimen or delaying treatment until the baby had already been exposed

In many states, filing a medical malpractice claim requires an affidavit of merit, a formal statement from a qualified health professional confirming that a medical standard of care was breached. Beam Legal Team collaborates with top obstetrical and neonatal experts nationwide to secure these critical evaluations and build strong cases.

Additionally, medical malpractice laws regarding financial recovery vary across the country; while some states cap non-economic damages, others allow families to recover the full, unlimited value of their losses. For a child facing a lifelong disability from a serious infection, securing a comprehensive recovery is vital to cover the true, long-term costs of specialized care, therapy, and support.

Deadlines to File a Birth Injury Claim

Each state enforces a strict time limit, known as a statute of limitations, for initiating medical malpractice lawsuits. If you fail to file before this window closes, you forfeit your right to seek compensation, regardless of how compelling your evidence may be.

While these cutoff dates differ significantly across the country, many jurisdictions offer extended timelines for cases involving minors, recognizing that the true severity of a childhood injury can take years to fully manifest. However, delaying action carries major risks. Over time, crucial medical documentation can vanish and witness recollections can deteriorate, making early legal evaluation essential.

Since the exact timeline is dictated by the specific location and date of the incident, your best course of action is to consult a birth injury attorney who can accurately determine your deadline.

Compensation Families Can Pursue

If a maternal infection was negligently missed or mismanaged and your child was harmed as a result, you may be entitled to compensation for the full scope of that harm. Families in these cases can pursue:

  • Past and Future Medical Expenses: NICU care, neonatal infection treatment, surgeries, specialist visits, and long-term follow-up care
  • Rehabilitation and Therapy: Physical, occupational, and speech therapy, plus assistive technology and specialized equipment
  • Specialized Education and Care Services: For children whose infection-related injuries affect cognitive or developmental abilities
  • Lost Earning Capacity: For a child whose injuries are likely to limit their ability to work as an adult
  • Pain and Suffering: For the child and the family
  • Wrongful Death Damages: If a baby did not survive a maternal infection that was negligently mismanaged, a wrongful death claim may be available.

Beam Legal Team has recovered billions for families in birth injury and medical malpractice cases. Prior results do not guarantee a similar outcome in your case.

Frequently Asked Questions

Below are answers to questions families often have about maternal infections and birth injury claims.

Can a Doctor Be Held Responsible for a Birth Injury Caused by a Maternal Infection?

Yes, if the doctor or medical team failed to meet the accepted standard of care for screening, diagnosing, or treating the infection. Not every infection-related birth injury is malpractice. Some move too fast for any intervention to help, but failures like not screening for GBS, missing chorioamnionitis during labor, or not ordering a C-section when active herpes lesions are present are well-established bases for malpractice claims.

What Maternal Infections Are Doctors Required to Screen for During Pregnancy?

Standard prenatal screening includes testing for Group B Streptococcus (at 35 to 37 weeks), syphilis, HIV, rubella immunity, hepatitis B, and, in some cases, CMV and herpes. The specific panel varies by practice guidelines and risk factors, but GBS screening and the standard prenatal infectious disease panel are part of routine obstetric care. Failure to perform or act on these tests can constitute negligence.

How Does Chorioamnionitis Cause Birth Injuries?

Chorioamnionitis infects the amniotic fluid and fetal membranes, triggering inflammation that can disrupt oxygen delivery to the baby’s brain and cause premature labor. The resulting oxygen deprivation during labor is a leading cause of HIE and cerebral palsy. Prompt treatment with antibiotics and, in many cases, delivery can reduce harm, which is why delayed recognition of the infection is a central issue in many malpractice claims.

How Long Do I Have to File a Birth Injury Lawsuit If a Maternal Infection Harmed My Baby?

The deadline for filing a birth injury lawsuit, known as the statute of limitations, depends heavily on the state where the medical malpractice occurred. While standard injury claims often have short windows, many states grant families an extended timeline when a child is harmed, sometimes allowing several years from the date of the injury or up until the child reaches a certain age to take action. Because these legal deadlines vary dramatically nationwide, consulting an experienced attorney as soon as possible is the best way to ensure you preserve vital medical evidence and protect your right to file a claim.

Is It Still Malpractice If an Infection Was Identified but Not Treated in Time?

It can be. Identifying an infection is only the first step. The standard of care also requires that appropriate treatment be administered promptly. If a GBS-positive result was documented but antibiotics weren’t started before delivery, or a chorioamnionitis diagnosis led to an unnecessary delay in delivery, those treatment failures can serve as the basis for a malpractice claim, even though the infection itself was recognized.

Contact an Experienced Birth Injury Lawyer

Looking back on a pregnancy and wondering whether your child’s injury could have been prevented is one of the hardest things a parent can face. Maternal infections are a recognized medical risk with defined screening and treatment obligations. When those obligations aren’t met, families deserve answers.

Beam Legal Team has spent more than 40 years focused on obstetrical malpractice and birth injury litigation. This is not a general personal injury firm that occasionally handles birth cases. We pursue these cases because we understand the medicine, the standard-of-care requirements, and the long-term impact on families.

Contact the Beam Legal Team for a free consultation. Let us help you understand whether your family has a case. You pay nothing unless we get money for you.