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4 Things That Lead to Prenatal Medical Malpractice Claims

Admin • Dec 03, 2021
Pregnant Person — Marlton, NJ — Jarve Kaplan Granato Starr, LLC

Not every medical complication that arises during pregnancy occurs due to poor prenatal medical care. However, inadequate prenatal medical care can lead to complications that can trigger medical malpractice claims. Below are four things that can lead to prenatal medical malpractice.

1. Late or No Diagnosis of Birth Defects

Doctors can detect many birth defects during pregnancy. Below are some prenatal care techniques that doctors use to screen for birth defects:

  • Ultrasound scanning. An imaging technique that uses sound waves to picture tissues and objects inside the body
  • Amniocentesis. The technique involves tests on the amniotic fluid that surrounds the unborn baby
  • Blood tests. Tests for different medical conditions that can show up in the blood

Some of the tests are routine, while others are necessary for high-risk pregnancy. Your OB-GYN should know which tests to give you to screen you for birth defects. For example, an expectant mother with an advanced age requires more prenatal care than others. Failure to provide the relevant level of care can constitute prenatal medical malpractice.

2. Late or No Diagnosis of Ectopic Pregnancy

An ectopic pregnancy occurs in the mother's fallopian tubes rather than the uterus. Ectopic pregnancy is dangerous for multiple reasons. For example, the pregnancy can lead to:

  • Vaginal bleeding
  • Pelvic pain
  • Fallopian tube rupture

The severity of ectopic pregnancy complications increases with time. Your OB-GYN should recognize the warning signs and intervene before serious complications. Indeed, screening for ectopic pregnancy is advisable for those with multiple risk factors, such as:

  • Mothers with sexually transmitted infections
  • Mothers with histories of ectopic pregnancies
  • Mothers who have had tubal surgery

Again, a doctor who fails to see the warning signs that a reasonable doctor would have noticed may be liable for medical malpractice.

3. Late or No Diagnosis of Other Medical Conditions

Good prenatal care should detect and manage all medical conditions that threaten your pregnancy and the baby's life. Below are some contagious and noncontagious diseases that should concern your OB-GYN.

Contagious Diseases

The amniotic fluid protects the unborn baby from many threats, including infections. However, some infections can reach and harm the baby. Examples of such infections include

  • Sexually transmitted infections (STIs)
  • Tuberculosis (TB)
  • Human Immunodeficiency Virus (HIV)

Your doctor should screen you for such infections during pregnancy. Failure to screen or treat such dangerous infections may lead to malpractice claims.

Noncontagious Diseases

Noncontagious diseases can also harm your pregnancy. Below are examples of such diseases:

  • Hypertension. The condition increases your risk of multiple pregnancy complications, including the separation of the placenta from the uterus wall
  • Diabetes. The medical condition increases your risk of stillbirth, among other complications
  • Obesity. The condition increases the risk of multiple birth defects

Again, your doctor should screen you for these medical conditions. That way, you can manage the conditions and protect your pregnancy. Failure to do that may make your doctor liable for medical malpractice.

4. Inadequate Warning or Advice

Prenatal care is not just about tests and treatments. Your OB-GYN should also advise you on best practices to care for you and your baby's health during pregnancy. The doctor should also warn you on dangerous practices to avoid during this time. For example, your OB-GYN may advise you to:

  • Avoid alcohol
  • Reduce or avoid caffeine
  • Avoid foods with high risks of contaminations, such as unpasteurized milk
  • Maintain a healthy diet
  • Avoid self-medication

You might not get all the relevant advice in one visit to the doctor. However, you should know what to do at every stage of your pregnancy.

Note that the existence of prenatal medical complications doesn't automatically constitute medical malpractice. Contact Jarve Kaplan Granato Starr to analyze your care and determine whether you have a medical malpractice case. We will then help you pursue the damages you deserve.

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