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Legal Options For Victims Of Negligent Prenatal Care

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Proper prenatal care is one of the most essential factors to giving birth to a happy and healthy baby. If a doctor administers inadequate prenatal care, it may increase the risk of a birth injury or other conditions. This inadequate care is generally not intentional. It is often a result of poor communication, structural and organizational problems, fatigue, patient overload, and human error.

But regardless, families have a right to recover damages to address the financial and other harm they suffered because of the poor care. Suing a doctor you trusted and probably even liked can be difficult. But it may be necessary if you’re left dealing with the financial burden of a birth defect or condition.

Types of Prenatal Care

Prenatal care is more than just meeting with your doctor for advice about lifestyle and dietary habits while pregnant, although doing so is certainly one important aspect. Instead, there are many types and components of prenatal care. WomensHealth.gov outlines a number of important aspects of prenatal care.

  • Check the baby’s heart rate
  • Check your blood pressure and weight
  • Take measurements to check for the baby’s growth
  • Take blood tests
  • And more

All are essential to ensure a baby is growing as it should be, that mom and baby are healthy, and that there isn’t an imminent risk of complications during the pregnancy or birth.

Examples of Prenatal Care Negligence

Unfortunately, a health care provider may not adequately provide prenatal care. Below are some examples of negligent care.

  • A doctor may fail to run appropriate tests to diagnose medical conditions in the mother.
  • A doctor may fail to diagnose ectopic pregnancy.
  • A doctor’s negligent care may contribute to birth defects in the baby.
  • A doctor may fail to diagnose or properly manage contagious diseases.
  • A doctor may prescribe SSRIs during pregnancy, which may increase risk of birth defects.

If a problem with a baby goes unnoticed, or if the mother has an underlying condition that requires medical attention, it could harm the child. If a prenatal care provider does not take appropriate action or takes inappropriate action, she may be negligent. If filing a lawsuit against the provider, the plaintiff must establish that the provider did not follow a reasonable standard of care expected of other professionals.

When Prenatal Care Negligence Leads to a Baby’s Harm

If the negligence of the prenatal care provider leads to a baby’s harm, then the prenatal care provider may be liable for damages. For example, if the prenatal care provider never checked for Rh incompatibility and fails to administer proper treatment to prevent it, the child may suffer mild to severe symptoms, including brain damage.

In the event that the doctor’s negligent care led to the harm, he may be liable for paying damages to the family. These might include medical expenses and other expenses the family face because of the condition. Talk to a lawyer about the specific damages that you might recover.

How to Collect Damages Following Negligent Prenatal Care Leading to Harm

If you believe that your doctor is to blame for your child’s condition, you would take legal action against the doctor. Most doctors carry medical malpractice insurance that pays for harm the doctor causes due to negligent care. Keep in mind that filing a claim is not a punishment for the doctor. It is a means of recovering finances you need to care for your child.

At Cordisco & Saile LLC, we fully understand the dilemma you’re facing, and want to work with you to resolve it. To learn more about the benefits of filing a claim, as well as the importance of doing so quickly (you only have two years under Pennsylvania law), call us today at 215-642-2335.

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Written By Michael L. Saile, Jr.
Written By Michael L. Saile, Jr.

Managing Attorney at Cordisco & Saile

Serving as a personal injury attorney in Pennsylvania and New Jersey, Michael has been honored as both a Brain Injury Top 25 Lawyer by National Trial Lawyers and a 2024 Super Lawyer. He earned his J. D. at Widener University School of Law where he was a member of the Moe Levine Trial Advocacy Honor Society. Saile is also the author of two publications titled “Not Another Bad Lawyer” and “Don’t Crash Again”.