Negligent Prenatal Care That Leads to Birth Injury

Pregnancy and childbirth were leading causes of death for women in previous centuries, but today’s families expect more. Unfortunately, maternal injury and death still occur more often than you might think. There were 1,205 maternal fatalities in the United States in 2021, alone. More disturbingly, pregnancy and childbirth-related deaths are on the rise. Data shows that there were 754 deaths in 2019 and 861 in 2020. Sadly, more than 80% of those deaths were preventable according to the Maternal Mortality Review Committee (MMRC). Pregnant mothers aren’t alone in facing risks due to negligent prenatal care.

There were over 20,500 infant deaths in 2022, with maternal pregnancy complications, birth injuries, and preterm births among the top five causes. Expectant parents trust medical providers to monitor and protect the health of both mother and baby throughout pregnancy. Unfortunately, when a doctor or healthcare provider fails to uphold the standard of care during prenatal visits, the consequences can be devastating, leading to preventable birth injuries that impact a child for life. Negligent prenatal care can result in complications that, if left undiagnosed or untreated, may cause severe harm or even death to the infant.

What Is the Standard of Care for Pregnant Women In the U.S.?

OBGYNs in the United States follow a care plan accepted by the medical community as the correct standard of care. As long as a pregnancy is not high-risk and proceeds normally, this includes the following:

• One doctor visit per month until week 28, during which the provider monitors the mother’s weight, blood pressure, and fundal size (the growth of the uterus). They also perform urine tests and may do genetic testing if the mother is over 35 or has a family history of genetic disorders
• Between weeks 28 and 36, women are seen every other week
• After the 36th week, pregnant women visit their doctor weekly until labor and delivery

Standard prenatal care requires monitoring the baby’s heartbeat, growth, and the mother’s medical condition. In addition, the doctor performs regular routine tests such as ultrasounds to monitor the baby’s growth and development. They also monitor the amniotic fluid level and the status of the mother’s cervix. When the routine standard of care for pregnant women indicates any adverse medical condition, the medical provider must take the appropriate measures to address the problem with the appropriate care, including providing treatment and increasing the number of doctor visits to monitor the medical status of the mother and unborn infant.

How Negligent Prenatal Care Contributes to Birth Injuries

Prenatal care is a critical part of ensuring a healthy pregnancy and safe delivery. When medical professionals fail to detect or properly manage conditions that pose risks to the fetus, the likelihood of birth injuries increases. Negligence during prenatal care may include:

• Failure to diagnose fetal distress – If doctors overlook signs of oxygen deprivation or irregular fetal heart rates, the baby may suffer brain damage, leading to conditions such as cerebral palsy.
• Inadequate monitoring of maternal infections – Untreated infections like Group B Strep, toxoplasmosis, or syphilis can pass to the baby and cause neurological damage, developmental delays, or stillbirth.
• Failure to diagnose gestational diabetes – When gestational diabetes is not properly managed, it can lead to excessive fetal growth (macrosomia), increasing the risk of birth injuries during delivery.
• Untreated preeclampsia – High blood pressure and preeclampsia can lead to placental abruption or restricted blood flow to the baby, increasing the risk of oxygen deprivation and brain injuries.
• Failure to detect umbilical cord complications – Issues such as a prolapsed or wrapped umbilical cord can result in oxygen deprivation, leading to serious birth injuries or stillbirth if not addressed promptly.
• Misdiagnosis of high-risk pregnancies – Some pregnancies require specialized care, and failure to refer a patient to a high-risk specialist can put both mother and baby at risk.

The Impact of Birth Injuries Caused by Negligent Prenatal Care

Birth injuries can have lifelong consequences, affecting a child’s ability to develop, function, and thrive. Some of the most serious injuries resulting from inadequate prenatal care include:

• Cerebral Palsy – Caused by oxygen deprivation or brain damage before or during birth, leading to motor impairment and developmental challenges.
• Hypoxic-Ischemic Encephalopathy (HIE) – A form of brain injury due to lack of oxygen that can result in cognitive impairments, seizures, and motor dysfunction.
• Brachial Plexus Injuries (Erb’s Palsy) – Nerve damage during delivery that can result in permanent weakness or paralysis in an infant’s arm.
• Premature Birth Complications – Failure to recognize and manage preterm labor can lead to underdeveloped organs, respiratory distress syndrome, and long-term disabilities.
• Stillbirth or Neonatal Death – In the most tragic cases, untreated maternal conditions or fetal distress can result in the loss of the baby.

Proving Negligent Prenatal Care in a Medical Malpractice Claim

To hold a negligent healthcare provider accountable for a birth injury, victims must demonstrate that the provider failed to meet the standard of care required for prenatal treatment. A successful claim must establish:

1. Doctor-Patient Relationship – The healthcare provider had a duty of care to the mother and unborn child.
2. Breach of Duty – The provider failed to meet the standard of care expected in the medical community.
3. Causation – The provider’s negligence directly caused harm to the baby.
4. Damages – The birth injury resulted in medical expenses, long-term care costs, pain and suffering, or other damages.

What Are the Results of Negligent Prenatal Care

When a medical provider tasked with monitoring a woman’s pregnancy and providing care as needed fails in their duty of care, the results can be life-altering consequences or wrongful death. Common adverse results of negligent prenatal care include:

• Maternal injury
• Maternal death
• Miscarriage
• Fetal demise
• Birth injuries

Maternal and Infant Deaths are Higher Among Black Women

The CDC defines the term “maternal mortality” (the death of a pregnant or recently delivered mother) as a death that occurs during pregnancy or within 42 days after delivery. Maternal death is more common among black women, with many potentially contributing factors. The medical community classifies neonatal death as the death of an infant within 28 days of birth. Neonatal deaths are also higher among black infants.

Victims of Prenatal Negligence Can Take Action

If you believe that you, your spouse, or your child suffered injury due to negligent prenatal care, it’s important to know your rights, including your right to file a medical malpractice claim against the medical provider. It’s essential to speak to a medical malpractice attorney as soon as possible so you can begin gathering evidence to make a compelling claim while the evidence remains available.

How Can a Medical Malpractice Attorney Help My Negligent Prenatal Care Case?

Doctors and their medical malpractice insurance providers often dispute claims or try to shift liability onto other entities. A Phoenix medical malpractice attorney with experience in prenatal care negligence and birth injuries can help strengthen your claim by gathering evidence, calculating damages, and presenting a powerful demand package to the appropriate insurance company. Having compelling evidence and an assertive negotiator on your side can help you recover compensation and a sense of justice after a preventable injury or tragic death due to prenatal negligence. Call the experienced attorneys at Knapp & Roberts today for a free compassionate evaluation of your case.