OBGYN doctors ensure pregnant women and their unborn children stay healthy during pregnancy. Women rely heavily on their healthcare providers to keep them safe during pregnancy by identifying and properly treating any medical problems. Unfortunately, negligent prenatal care can result in injuries and death to mothers and babies.
The results can be tragic when medical errors or mistakes occur, missed diagnoses, or patients are prescribed incorrect medication. If you or your child have been injured by negligent prenatal care, you may be entitled to compensation through a medical malpractice lawsuit. Dell & Dean, PLLC are prepared to help you pursue justice and financial compensation while holding the negligent medical provider accountable for causing your injuries.
Negligent Prenatal Care for High-Risk Pregnancies
Doctors who fail to identify and refer high-risk patients to a high-risk specialist accurately can be liable if the pregnancy or delivery results in injuries to the pregnant woman or child. High-risk pregnancies mean women must see an OBGYN specializing in complicated pregnancies. Women can be classified as having high-risk pregnancies for many reasons, including, but not limited to, the following:
- Age
- Gestational diabetes
- High blood pressure
- Multiple pregnancies
- Previous pregnancy complications
Negligent Testing, Diagnostics, or Medical Treatment of Pregnant Women
A critical part of prenatal care is testing pregnant women throughout the pregnancy. Certain medical tests should be done during every visit. Other diagnostic tests are done as screenings at specific periods in the pregnancy. Physicians must perform diagnostic tests as required by medical treatment standards. Failure to conduct these tests or accurately interpret the results can harm the mother and the baby.
Pregnancy may seem relatively normal in some cases, but routine testing would have revealed problems that must be treated. For example, when preeclampsia isn’t identified and treated quickly, the woman may begin having seizures and suffer kidney injuries. In severe cases, women die from eclampsia-related complications. Immediate treatment for preeclampsia is required to decrease the risk of severe complications and increase the likelihood that the baby can be delivered safely.
In other cases, a baby may have a congenital disability or genetic condition that requires medical treatment. When negligent doctors fail to diagnose and treat these conditions, the baby could suffer injuries before, during, or after birth. For example, if the baby has signs of spina bifida, a competent doctor will order additional testing to confirm the diagnosis. The baby may benefit from surgical procedures in utero. Correctly diagnosing babies can help doctors prepare for interventions they will need to treat their medical conditions after birth.
Birth Injuries Caused By a Doctor’s Negligence
Physicians have a legal duty to anticipate any potential birth complications that may arise, diagnose the complications, and treat the complications effectively. Birth injuries can be traumatic for the baby and the mother. When a doctor fails to act in a way to prevent birth injuries, the mother and child can suffer permanent injuries.
For example, if a baby is large, a competent physician may schedule a C-section instead of attempting to deliver the baby vaginally. Likewise, a physician who negligently fails to recognize fetal distress during labor can be held liable for any injuries or deaths that result.
Potential Damages Available for Victims of Negligent Prenatal Care
If you suspect you’re the victim of negligent prenatal care, you must understand that you have rights. If negligent prenatal care caused harm to your baby or yourself, your doctor or other medical care provider can be held liable for your damages.
Doctors are legally responsible for ordering and interpreting diagnostic tests for various conditions, such as congenital disabilities, gestational diabetes, and preeclampsia. Doctors have a responsibility to provide the tests, and when they fail to do so, injuries can occur. Victims can pursue compensation through a medical malpractice lawsuit.
The negligent doctor can be made to pay for your current and future medical expenses and other costs associated with having a permanent injury due to negligent prenatal care. Victims can also recover compensation for their loss of future earning capacity due to disability, the cost of ongoing medical care, durable medical equipment, rehabilitation, and the pain and suffering they’ve endured due to their injuries.
Proving Liability for Negligent Prenatal Care
Recovering compensation through an insurance claim or medical malpractice lawsuit requires plaintiffs to prove liability. Establishing liability for negligent prenatal care requires plaintiffs to provide evidence proving the following elements:
- The healthcare provider owed you a professional duty of care
- The provider breached his or her professional duty of care
- The provider’s negligence or recklessness caused your injuries
- You suffered damages from injuries caused by the medical provider’s negligence
The attorneys at Dell & Dean, PLLC have the knowledge, skills, and resources to investigate your claim and thoroughly gather evidence proving liability. Hospitals usually have teams of attorneys working diligently to deny medical malpractice claims. Working with Dell & Dean, PLLC will help you level the playing field. Our attorneys will handle every aspect of your claim, from gathering evidence to negotiating aggressively with the insurance company or defendant for the most compensation possible.
Wrongful Death Lawsuits Involving Negligent Prenatal Care
When a mother or baby suffers fatal injuries from negligent prenatal care, the victim’s surviving, eligible family members can pursue a wrongful death lawsuit. While nothing can bring a loved one back, a successful wrongful death lawsuit allows loved ones to hold the negligent medical provider accountable for causing the victim’s death. Wrongful death lawsuits can also help family members move forward by allowing them to recover compensation for their loved one’s medical expenses, loss of income contribution, loss of household services, pain and suffering, and other damages.
Discuss Your Case with a Skilled Long Island Attorney
If you believe a negligent physician, nurse, or other medical professional is responsible for injuries to yourself or your child, it’s essential to understand your legal rights. The attorneys at Dell & Dean, PLLC are here to help you hold negligent medical professionals accountable and pursue the total and fair compensation you deserve. You only have a limited amount of time to file a compensation claim. Don’t hesitate to contact Dell & Dean, PLLC to schedule a complimentary, no-obligation consultation and learn more about your legal options.
Dell & Dean, PLLC handles claims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.
