Can Incorrect Prenatal Care in D.C. Lead to Birth Injury Litigation
How Does Improper Prenatal Care Put Expectant Mothers and Babies at Risk?
Adequate prenatal care is crucial in preventing birth injuries as it allows healthcare providers to monitor the health of both the mother and developing fetus throughout pregnancy. Regular check-ups, screenings, and tests enable early detection of potential complications such as gestational diabetes, preeclampsia, fetal growth restrictions, and other issues that could lead to birth injuries if left unaddressed.
Proper prenatal care also includes educating expectant mothers on nutrition guidelines, lifestyle factors, and warning signs to watch for. This vital information empowers women to make informed decisions and seek timely medical attention when needed. By carefully tracking fetal development, managing maternal health conditions, and preparing for potential delivery complications, comprehensive prenatal care significantly reduces the risk of birth injuries and improves outcomes for both mother and child.
Healthcare providers have a professional and ethical responsibility to deliver prenatal care that meets the accepted standard within the medical community. When providers fail to meet this standard – whether through negligence, errors in judgment, or omissions in care – they put their patients at unnecessary risk of birth injuries that could have been prevented with proper attention and intervention. In such cases, holding providers accountable through medical malpractice claims serves not only to compensate affected families but also to maintain high standards of care within the medical profession and prevent similar lapses in the future.
At LawMD, we deeply understand the potential consequences of incorrect prenatal care because our lawyers are also trained medical professionals. We have seen first-hand the effects preventable birth injuries can have on children and their families, and we take pride in utilizing our unique combination of medical expertise and legal knowledge to advocate for our clients’ rights.
What Types of Birth Injuries May Result From Substandard Prenatal Care?
Although no delivery is ever risk-free, proper care and testing of the mother in the months and weeks prior to birth are essential for creating the best possible conditions for the labor and delivery process. Thorough prenatal evaluations can help the mother’s medical team anticipate and prepare for potential complications that could arise during and after delivery. Unfortunately, inadequate care of expectant mothers can lead to a myriad of birth injuries including, but not limited to:
- Cerebral palsy: Cerebral palsy can occur when the developing fetus’s brain is deprived of oxygen, often due to undiagnosed or mismanaged conditions such as umbilical cord prolapse, breech presentation, or maternal infections
- Brachial plexus injuries: While brachial plexus injuries, such as Erb’s Palsy, often occur during delivery, they can sometimes be traced back to inadequate prenatal assessment and planning, such as failure to accurately estimate fetal size or identify risk factors for shoulder dystocia
- Hypoxic-ischemic encephalopathy (HIE): HIE occurs when an infant’s brain doesn’t receive enough oxygen and blood while in the womb or during birth. It can result from undiagnosed preeclampsia, placental abnormalities, or umbilical cord complications that should have been identified during prenatal care
- Wrongful death: In the worst-case scenario, preventable birth injuries can result in fatalities
How Can a Mother’s Health Be Impacted By the Prenatal Care She Receives?
The baby is not the only individual who may be harmed by negligent prenatal care. If an expectant mother is not provided proper treatment throughout her pregnancy, labor, and delivery, she may face serious maternal complications that could endanger her own well-being as well as her child’s. Lack of proper monitoring and risk assessment during pregnancy can increase the risk of severe and even life-threatening issues, including:
- Vaginal tears
- Ruptured uterus
- Postpartum hemorrhage
- Preeclampsia complications
- Placental abruption
- Infections
- Gestational diabetes complications
What Compensation May Be Awarded If the Incorrect Prenatal Care is Deemed to Be Medical Malpractice?
From a legal perspective, lapses in prenatal care may be considered medical malpractice when they fall below the accepted standard of care and result in harm to the mother or child. This standard is typically defined as the level of care that a reasonably competent healthcare provider with similar training and experience would provide under similar circumstances. For prenatal care, examples of potential malpractice could include failure to order appropriate tests, misinterpretation of test results, failure to diagnose and treat maternal conditions that could affect the fetus, and inadequate monitoring of fetal development.
It’s important to note that not every adverse birth outcome is the result of malpractice. However, legal action may be warranted when clear deviations from the standard of care occur and lead to harm. Medical malpractice cases for serious birth injuries may result in multi-million dollar verdicts or settlements to account for the lifelong impacts, but the specific damages recoverable will depend on the nature and severity of the birth injury. Compensation may include:
- Current and future medical expenses stemming from the injury
- Costs of ongoing care and therapy, including in-home care, if needed
- Expenses for specialized education or accommodations
- Damages for pain and suffering
Lost wages may also be awarded if one or both parents must leave work to care for the child. In cases of severe birth injuries leading to disability, damages may also account for the child’s reduced quality of life and lost earning potential. If the healthcare provider is found to have acted in a grossly negligent manner, additional punitive damages may be awarded by the court to punish and discourage this type of behavior.
How Can D.C.’s Statute of Limitations Affect a Birth Injury Claim?
Washington, D.C. imposes a strict statute of limitations on medical malpractice claims involving birth injuries. Generally, medical malpractice claims in D.C. must be filed within three years from the date the injury was discovered or reasonably should have been discovered. However, for birth injury cases, there’s an important exception. Because some birth injuries may not be immediately apparent or may have long-term consequences that only become clear as the child develops, claims brought by the injured child may be filed up until their 21st birthday. Other rare circumstances may also impact the filing timeline, so it is essential to consult a knowledgeable birth injury lawyer as soon as possible to protect your legal rights to recover damages.
Why Consult Our Firm?
Birth injury litigation arising from improper prenatal care sits at the intersection of medicine and law, requiring a nuanced understanding of both fields to reach the best possible outcome. At LawMD, our physician lawyers are uniquely positioned to provide legal guidance and representation to victims of birth injuries. By leveraging our experience in trial law and various medical specialties, including OB/GYN surgery, neonatology, and pediatrics, we fiercely advocate for our clients’ interests and help them seek justice for the pain and loss they have experienced. To discuss your case with a skilled, compassionate attorney, contact our firm at 833-MY-LAW-MD (833-695-2963) to schedule your free consultation.