Learn about common types of obstetrical malpractice and when you may be able to file a birth injury claim
Bringing new life into the world should be a joyous occasion, but sadly, for some families, it can be marred by complications due to an OB-GYN’s mistake. The devastating consequences of a birth injury can leave families feeling lost, overwhelmed, and unsure of how they’re going to pay for the care their child needs.
If you suspect that your child’s birth injury may have been caused by medical negligence, it’s important to seek guidance from an experienced legal professional who understands the complexities of these cases.
Contact her office today for a free consultation to discuss your situation and explore your legal options.
What is obstetrical malpractice?
Obstetrical malpractice refers to the negligent or improper care provided by an obstetrician (a medical doctor who specializes in the care of women during pregnancy, childbirth, and the postpartum period) that results in harm to the mother or baby, including maternal or fetal death.
When an obstetrician deviates from this standard, resulting in injury or harm, it can be considered malpractice. Proving this requires showing that the OB-GYN’s actions or omissions directly caused the harm experienced by the mother or her baby.
Common types of OB-GYN malpractice
OB-GYN malpractice can encompass a wide range of negligent actions or omissions. Some of the most common types include:
- Failure to diagnose or treat pregnancy complications. This includes conditions such as preeclampsia, gestational diabetes, or umbilical cord knots. A timely and accurate diagnosis is critical to ensuring the health and safety of both the mother and the baby.
- Improper use of delivery instruments. Misuse of vacuum extractors or forceps during difficult deliveries involving issues like shoulder dystocia or fetal macrosomia (a large baby) can lead to serious injuries, especially for the baby, including brain bleeds, Erb’s palsy nerve damage, and fractures.
- Delayed cesarean section. During a prolonged labor, signs of fetal distress, like a sudden drop or elevation in heart rate, should be considered obstetric emergencies. In such cases, any delay in performing a necessary cesarean section (C-section) could be considered medical malpractice if it results in harm to the baby or mother.
- Failure to monitor fetal distress. During labor, it is essential to continuously monitor the baby’s heart rate and other vital signs. Failure to recognize and respond to signs of fetal distress can lead to delivery complications that increase the risk of conditions like hypoxic-ischemic encephalopathy (HIE), cerebral palsy (CP), and long-term neurological damage.
- Medication errors. Incorrect administration of medications, such as the wrong dosage of labor-inducing drugs or pain management medications, can have severe consequences for both the mother and the baby.
- Failure to manage postpartum complications. After delivery, it’s crucial to monitor and address any maternal complications such as infections, hemorrhage, or preeclampsia, all of which can lead to serious health risks for the mother and even maternal death.
If you or a loved one experienced any of these situations during your pregnancy, labor, delivery, or postpartum period that resulted in harm to the mother or baby, you may have grounds for a medical malpractice lawsuit.
Learn the facts about some of the biggest medical malpractice misconceptions during labor and delivery.
Can poor prenatal care lead to birth injuries?
The answer is a resounding yes. Because of this, it’s crucial to understand how poor prenatal care can lead to birth injuries so doctors can work with expectant mothers to help prevent such outcomes.
Why does this matter?
It matters because proper prenatal care involves regular check-ups, screenings, and monitoring to detect and address potential health issues early on.
When prenatal care is inadequate, conditions like gestational diabetes, preeclampsia, and infections may go undiagnosed and untreated, increasing the risk of complications that can result in birth injuries.
Additionally, doctors may miss serious issues with the developing baby, including fetal growth restriction, birth defects, or problems with the placenta or umbilical cord.
By ensuring comprehensive prenatal care, doctors can identify and manage these risks and provide guidance and treatment that promote the health and safety of both the mother and the baby.
Family awarded $32.5 million in birth injury lawsuit
In April 2024, a Pennsylvania hospital settled a medical malpractice lawsuit involving a child who suffered brain damage during birth. Reading Hospital agreed to a $32.5 million settlement for the incident that took place in 2018.
The boy, whose name has not been disclosed, suffers from hypoxic ischemic encephalopathy (HIE), a condition resulting from poor oxygen and blood flow to the brain during delivery. The lawsuit alleged that doctors failed to properly identify and respond to signs of fetal distress and that antibiotics and a C-section could have prevented the child’s birth injury.
Opening arguments were set to begin at the Philadelphia Court of Common Pleas, but the case was settled out of court. The settlement will provide for the boy’s extensive care needs and assist his mother in managing his condition.
What should I do if I believe my OB-GYN made a mistake that caused my child’s birth injury?
If you suspect your baby suffered a birth injury due to OB-GYN negligence, it’s important to act promptly. First, seek appropriate medical attention for your child to address any immediate concerns and ensure their well-being.
Second, gather any relevant medical records and documentation related to your pregnancy, labor, and delivery. Then, consult with a birth injury attorney who specializes in medical malpractice.
Here’s how a birth injury attorney can help with your claim:
- Investigate the claim. A birth injury attorney will thoroughly examine your medical records and consult with medical experts to determine if you have a viable case. If you do, they can help gather evidence to establish the doctor’s negligence.
- Determine liability. If negligence indeed played a role in your child’s injury, a birth injury attorney can help identify all responsible parties, which could include the hospital and delivery room nurses, and hold them accountable for their actions or inaction.
- Calculate damages. A birth injury attorney is also essential in assessing the full extent of your child’s injuries and associated costs, including medical expenses, therapies, and future care needs.
- Negotiate with insurers. After your damages have been accurately calculated, an attorney can advocate on your child’s behalf to negotiate a fair settlement with the insurance company.
- File a lawsuit. If necessary, a birth injury attorney can also initiate a lawsuit and represent you in court to pursue the compensation your child deserves.
Remember, time is often of the essence in these cases, as there are statutes of limitations that restrict the time frame for filing a claim, which vary by state. Acting promptly and seeking legal counsel can help protect your rights and ensure your child receives the care and compensation they need.
Concerned your child’s birth injury was the result of OB-GYN malpractice? We can help!
OB-GYN malpractice can have devastating consequences for mothers, babies, and entire families. When negligent or improper care during pregnancy, childbirth, or the postpartum period leads to serious injuries or complications, families are often left facing significant emotional and financial challenges, making it crucial to understand your rights and options.
If you believe your baby suffered a birth injury due to an OB-GYN’s error, contact skilled birth injury attorney Laura Brown. Laura offers free initial consultations to help you determine if you have a claim and guide you through the legal process, ensuring you receive the support and compensation you deserve.
Learn more about how she can help get your family the justice and compensation you deserve by scheduling an appointment with Brown Trial Firm today.
References
Inadequate prenatal care: United States, 2016-2020. (n.d.). March of Dimes | PeriStats. https://www.marchofdimes.org/peristats/data
- 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
