When are infections considered medical malpractice?
Birth injuries are often associated with complications that occur during labor and delivery. However, an unborn infant can also be at risk of injury if their mother has certain infections during pregnancy.
In order for expectant mothers and unborn children to stay healthy, it’s essential that women have access to ongoing prenatal care. Any infections acquired during pregnancy can then be addressed promptly to prevent complications.
While doctors may not always be able to prevent infections during pregnancy, they are responsible for diagnosing and treating them quickly to keep you and your baby safe.
If you suffered from an infection during pregnancy that later resulted in a birth injury to your baby, it’s vital that you consult an experienced birth injury attorney to ensure your rights are protected.
Types of infections and potential pregnancy complications
Below are some of the most common infections women experience in pregnancy and their potential associated complications for the mother and baby.
Chickenpox
The varicella-zoster virus causes chickenpox, which is a form of the herpes virus. Once exposed to the infection, symptoms can appear up to 2 weeks later and include itchy, reddened, blistered lesions that remain contagious until they dry and become scabbed.
Although vaccinations provide immunity, vaccinated and unvaccinated women remain susceptible to infection during pregnancy. Infants exposed to the virus in the 1st half of pregnancy have a 2 percent chance of developing congenital varicella syndrome.
The complications include:
- Blindness
- Topical scars
- Bone and muscle defects
- Malformed or paralyzed limbs
- Smaller than average head size
- Intellectual impairment
- Seizures
Chorioamnionitis
Chorioamnionitis (amnionitis or intra-amniotic infection) is an infection that occurs in the amniotic fluid and the amniotic sac (the membrane surrounding the infant while in the womb). Women can contract the infection before or during labor.
Chorioamnionitis often starts as a common urinary tract infection (UTI) that moves to the amniotic sac and can affect the fetus. Symptoms of the infection in the mother can include:
- Fever
- Rapid heart rate
- Discolored or foul-smelling amniotic fluid
The infection is considered a medical emergency that can spread and cause the baby to develop conditions such as:
- Sepsis (a serious blood infection)
- Meningitis (an infection in the spine or brain)
Both conditions can result in permanent disability or death.
If you experience chorioamnionitis during pregnancy, your doctor may recommend that you deliver early, depending on how far along you are in your pregnancy.
Babies born before 37 weeks are at a greater risk for long-term health issues. Learn when a doctor’s decision to deliver early could be medical malpractice.
Group B Streptococcus
Group B Streptococcus (GBS) is a common bacteria present in around 25 percent of women that is not typically a cause for concern. But studies have shown that 1 to 2 percent of babies born to mothers with untreated GBS infection during pregnancy will become infected with the bacteria.
Exposed infants may develop after-birth infections up to 1 week following birth. GBS infection may lead to serious symptoms, including:
- Meningitis
- Pneumonia
- Sepsis
- Convulsions
- Stillbirth
Symptoms related to the late-onset form of the infection may occur 1 week to 3 months after exposure. Signs of infection include:
- A lack of energy
- Irritability
- Resisting feeding
- High fever
Hepatitis B Virus
Hepatitis B (HBV) is a virus that affects the liver. If the infection lasts for 6 months or longer, the condition becomes chronic. If left unmonitored and untreated, HBV can cause liver cirrhosis, cancer and complete organ failure.
The virus can pass from the mother to the infant, so any infant born to a mother with HBV will need to receive shots soon after delivery to prevent the transfer of the infection. Otherwise, in 90 percent of cases, babies born with the HBV virus will go on to develop chronic HBV, putting them at risk of liver disease and cancer.
Listeriosis
Listeriosis infections are caused by Listeria monocytogenes bacteria that is more commonly found in raw foods, deli meats and soft cheeses. The microbe is one of the common causes of food poisoning.
While Listeriosis infections are generally mild in healthy adults, they can cause serious issues for pregnant women and their babies. Expectant women have up to an 18 percent greater likelihood of developing the infection compared to the general public.
When the microbe passes to the infant, the child might develop:
- Meningitis
- Brain damage
- Sepsis
Listeriosis in infants also carries up to a 35 percent risk of fatality.
Rubella
Rubella is a virus also known as German Measles. The disease has largely been eliminated in the U.S. thanks to the available vaccination. However, should a pregnant woman contract the virus, it often passes to the infant, which results in chronic rubella syndrome.
The symptoms include:
- Low birth weight
- Congenital heart disease
- Liver and spleen damage
- Hearing and/or vision loss
- Brain damage
- Inflamed lungs
- Hormone malfunctions
- Thyroid problems
Due to the serious nature of the infection, all pregnant mothers should receive a rubella vaccination if they’re not already vaccinated.
Syphilis
Syphilis is a sexually transmitted infection that can pass to unborn infants via the placenta. Exposure might also occur during birth if the baby comes in contact with syphilis-related vaginal sores.
Infants contracting the infection may suffer:
- Brain damage
- Hearing and/or vision loss
- Tooth formation abnormalities
- Death
Toxoplasmosis
Toxoplasmosis is an infection caused by the Toxoplasma gondii parasite. The microbe is commonly found in certain soil, uncooked meat and cat fecal matter.
Statistics indicate that 1 out of every 1,000 to 8,000 infants in the U.S. is born with toxoplasmosis. If the infant becomes exposed early in the pregnancy, they may suffer from:
- Low birth weight
- Premature birth
- Visual impairment
- Seizures
- Brain damage
- Jaundice
A fetus who contracts the infection later in pregnancy (3rd semester) will likely have less severe symptoms as their organs are more developed.
Urinary Tract Infections
Urinary tract infections (UTIs) occur when bacteria travel to the bladder, the urethra or the kidneys. Up to 18 percent of pregnant women develop the infection. There is also a 33 percent chance of suffering a recurrence.
Depending on the type of microbe causing the infection, unborn infants contracting the illness are at risk of developmental delays and premature birth if the infection is left untreated. Fortunately, most UTIs are easily diagnosed and treatable with antibiotics.
How are maternal infections treated during pregnancy?
Expectant mothers diagnosed with bacterial infections may be treated with pregnancy-safe antibiotics. These include antibiotics in the penicillin family. However, some antibiotics cannot be used during pregnancy due to their high risk of birth defects. These include clindamycin, ciprofloxacin and doxycycline.
Women who have not had rubella or other preventative vaccinations should also receive those vaccinations during early pregnancy to prevent infection and potential harm to their infants.
Are birth injuries from infection medical malpractice?
Not all birth injuries that result from maternal infections can be prevented, but medical professionals are responsible for quickly diagnosing and treating any suspected infections in both the mother and fetus.
Many birth injuries result in life-long issues that require extensive medical treatments, putting emotional and financial strains on families. If you believe your baby’s injury was the result of a doctor’s failure to diagnose or treat an infection during pregnancy, you may be entitled to significant compensation.
Laura Brown at Brown Trial Firm is an experienced birth injury attorney who has committed her practice to helping families like yours all across the U.S. get the compensation they deserve. If you need help with your birth injury lawsuit, contact her today for a free consultation.
- Cerebral Palsy
- Caput Succedaneum and Cephalohematoma
- Neonatal Intracranial Hemorrhage (Childbirth Brain Bleeds)
- Hydrocephalus (Extra Fluid in the Brain Cavity)
- Cervical Dystonia
- Hemiplegia (Brain or Spinal Cord Injury)
- Hemorrhagic Stroke
- Neonatal Stroke
- HIE
- Periventricular Leukomalacia (PVL) Brain Injury
- Infant Seizures
- Spastic Diplegia (Spasticity in the Legs)
- Top Risks for Birth Injuries
- Fetal Alcohol Syndrome
- Facial Paralysis
- Spinal Cord Injuries
- Bell’s Palsy
- Brachial Plexus Nerves & Erb’s Palsy
- Klumpke’s Palsy
- G-Tubes for Newborns
- Medical Errors
- Cesarean Section & Birth Injury
- Negligence in Brain Cooling Treatment
- Craniosacral Therapy
- Occupational Therapy
- Speech Therapy
- Transition From Pediatric to Adult Healthcare
- Surgical Options for Spastic Cerebral Palsy
- Fetal Intolerance to Labor
- Jaundice (Kernicterus)
- Breech Position
- Placental Complications
- Umbilical Cord Problems
- Uterine Rupture
- Cervical Incompetence (Insufficiency)
- Blighted Ovum
- Necrotizing Enterocolitis (NEC) - Intestinal Inflammation
- Cephalopelvic Disproportion
- Meconium Aspiration Syndrome
- Amniotic Fluid Embolism
- Birth Injury from Premature Delivery
- Developmental Delays
- Abnormal Cord Insertion
- Infections at Birth
- Chorioamnionitis Bacterial Infection
- Premature birth
- Oxygen Deprivation
- Listeria
- Birth-Acquired Herpes
- Placenta Previa
- Placental Abruption
- Mismanaged Fetal Malposition
- Rapid Labor
- Obesity Related Birth Injuries
- Intrauterine Growth Restriction
- Blood Clots During Pregnancy
- Ectopic Pregnancy Misdiagnosis
- Myths & Facts About Birth Injuries
- Bacterial Vaginosis
- Gestational Diabetes
- Maternal Mortality Risk
- Oligohydramnios (Low Amniotic Fluid)
- Infections During Pregnancy
- Excessive Bleeding During Pregnancy
- Congenital Syphilis