A Guide to Medical Malpractice at Each Stage of Pregnancy

A Guide to Medical Malpractice at Each Stage of Pregnancy

Nearly 30,000 babies are injured at birth each year in the United States. This figure is simply too high, especially when you consider that many of these birth injuries could’ve been prevented with proper medical care.

Medical malpractice and negligence can occur at any time during the 9 months of pregnancy, which may lead to birth injuries like cerebral palsy and Erb’s palsy.

If your child was injured at birth, we have registered nurses on staff with decades of labor and delivery experience who can help your family understand what may have happened — and if it constitutes malpractice.

From the first ultrasound to postpartum care, there are many risks of medical negligence during pregnancy that expecting parents should be aware of.

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1. Inaccurate Ultrasounds in Early Pregnancy

Ultrasounds are invaluable in identifying potential problems during a pregnancy. Early tests can detect abnormalities in the fetus’s development, and regular ultrasounds can help a doctor keep an eye on the infant’s positioning in the womb.

Medical professionals can make critical errors during ultrasounds that may cause harm to the baby, like misinterpreting images or failing to recognize signs of distress.

When going for an ultrasound, you should be able to trust that the staff can accurately assess your baby’s health and development. If they fail to do so, the consequences can be devastating.

Families with children who are injured as a result of these errors may be able to pursue a birth injury settlement that can help pay for their child’s care.

2. Failing to Monitor for Fetal Distress

During the third trimester, fetal distress can limit oxygen and blood flow to the child’s brain. If this condition isn’t promptly diagnosed — and treated — a baby may suffer serious injuries.

Complications from fetal distress can include:

In one case, an Ohio child suffered brain damage and developed CP from fetal distress during delivery. Our cerebral palsy lawyers secured $8.8 Million on the family’s behalf.

Preeclampsia and gestational diabetes in the mother can increase the risk of fetal distress. Placental abruption and umbilical cord compression can also cause this life-threatening condition.

Medical professionals need to stay vigilant during the entire pregnancy and monitor for complications. Usually, if fetal distress is caught, quick decisions are necessary, and a C-section may be performed.

3. Inducing Labor

Inducing labor can be a life-saving decision, as it may help avoid complications. Research, however, has questioned the safety of certain drugs used to induce labor in some cases, as they may restrict the flow of oxygen to the baby.

Many women are given Pitocin® to initiate labor, but it may cause stronger, harder-to-manage contractions. These contractions can strain the uterus, increasing the risk of a dangerous tear or rupture.

In addition to health risks for moms, a ruptured uterus may:

  • Reduce oxygen supply to the baby
  • Cause brain damage
  • Lead to conditions like cerebral palsy

Doctors must carefully monitor a mother's reaction to Pitocin and watch for any harmful side effects. Failing to do so could be considered medical negligence if she or the baby is injured.

If your child suffered a Pitocin birth injury, you may be eligible for compensation from a birth injury lawsuit.

4. Complications of Prolonged Deliveries

Prolonged labor is defined as labor that lasts longer than 20 hours for a first-time mother and more than 14 hours for those who have previously given birth.

Prolonged labor during the active stage of labor is a cause for concern and can lead to birth injuries. Various factors can contribute to prolonged labor, including a narrow birth canal or the baby being in an incorrect position.

Around 8% of women experience prolonged labor or delayed delivery, according to the Cleveland Clinic. Prolonged labor results in around one-third of all C-sections.

Doctors should investigate the root cause of prolonged labor and quickly work to remedy it. This can lessen the risk of fetal distress and other complications like brachial plexus injuries.

In some cases, doctors may be able to reduce these risks by inducing delivery, ordering a C-section, or using assisted delivery tools to help the child’s progress.

5. Misused Tools During Delivery

Birth injuries are often caused by the way a doctor or nurse manipulates a baby’s body during delivery to free them from the vaginal canal.

The use of vacuum extractors and forceps to pull on a baby’s fragile head can cause devastating injuries, including skull fractures, brain bleeds, and even death.

In one case, we secured $8 Million for a California child who was injured by a vacuum extractor during delivery.

Proper use of assisted delivery devices is crucial, and doctors should carefully consider whether they’re truly necessary or if an alternative solution may be more appropriate.

If a baby is too large to safely pass through the vaginal canal, for instance, a C-section may be a safer option.

6. Improperly Monitoring Newborns

Sadly, the risk of medical malpractice doesn't end once a child is born. Newborns need to be properly monitored for a range of conditions to ensure development is on track.

Hospital staff should check newborns for signs of jaundice every 8 to 12 hours. Jaundice is very common and affects anywhere from 60% to 80% of infants. When undetected, however, it can cause a type of brain damage known as kernicterus. This may lead to CP, hearing loss, and even death.

Our birth malpractice lawyers secured $6 Million for a New York child who was injured after their jaundice went untreated.

Our on-staff nurses can help you understand if your child may be missing milestones or showing signs of a birth injury like CP. Contact us now to find out more for free.

Get Help Filing a Pregnancy Negligence Claim

Throughout pregnancy, medical professionals must monitor and test for many different complications. As patients, it’s important to demand competence and compassion from our doctors during this time.

If you suspect that your child has suffered a birth injury, do a future parent a favor and demand justice.

It’s been shown that malpractice lawsuits can help:

  • Doctors improve safety and training
  • Increase the quality of health care for all
  • Families get compensation for their child’s current and future care

As a national birth injury law firm, Sokolove Law can handle every step of the legal process for you, from finding evidence to filing your claim.

Call (800) 995-1212 now for free to determine your eligibility to file a birth injury lawsuit. We have registered nurses on staff who can help you understand what may have happened to your child.

Author:
Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: October 18, 2024

  1. American Pregnancy Association. “Prolonged Labor: Failure To Progress.” Retrieved from: https://americanpregnancy.org/healthy-pregnancy/labor-and-birth/prolonged-labor/. Accessed on October 18, 2024.
  2. Cleveland Clinic. “Fetal Distress.” Retrieved from: https://my.clevelandclinic.org/health/diseases/23971-fetal-distress. Accessed on October 18, 2024.
  3. Cleveland Clinic. "Prolonged Labor (Failure to Progress)." Retrieved from: https://my.clevelandclinic.org/health/diseases/24752-prolonged-labor. Accessed on October 18, 2024.
  4. Cleveland Clinic. “Vacuum Extraction Delivery.” Retrieved from: https://my.clevelandclinic.org/health/treatments/22305-vacuum-extraction-delivery. Accessed on October 18, 2024.
  5. InformedHealth. “Pregnancy and birth: When your baby’s due date has passed.” Retrieved from: https://www.ncbi.nlm.nih.gov/books/NBK279571/. Accessed on October 18, 2024.
  6. Mayo Clinic. “Infant Jaundice.” Retrieved from: https://www.mayoclinic.org/diseases-conditions/infant-jaundice/symptoms-causes/syc-20373865. Accessed on October 18, 2024.
  7. National Library of Medicine. “Healthy Birth Practice #4: Avoid Interventions Unless They Are Medically Necessary.” Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4235054/. Accessed on October 18, 2024.
  8. National Library of Medicine. "Neonatal Jaundice." Retrieved from: https://www.ncbi.nlm.nih.gov/books/NBK532930/. Accessed on October 18, 2024.