Can Malpractice Happen Before Birth? How Prenatal Errors Lead to Birth Injuries

When people think about medical malpractice during pregnancy, they often think about something going wrong in the delivery room. But some birth injuries may be linked to problems that arise weeks or even months earlier, during prenatal appointments, testing, and screening.

Basic errors like a missed diagnosis, an overlooked risk factor, or even a delayed referral to a specialist can contribute to complications.

Upon discovering that your baby was born with an injury, it is normal to scrutinize the delivery process. However, considering the care provided throughout pregnancy may reveal issues that are not apparent when looking only at the delivery itself.

• Was every test carefully reviewed?
• Were warning signs acted on swiftly?
• Was care modified as the pregnancy progressed?

This guide explains how problems with prenatal care may contribute to birth injuries and what steps you can take if you believe something went wrong.

What may count as a prenatal error?

Prenatal care is designed to promote health, track growth, and spot treatable problems early before they become emergencies. Throughout your pregnancy, your health and your baby’s development are monitored by a doctor or midwife. These experts screen for conditions that could complicate delivery and adjust the care plan as new details become available. If a problem is missed or not appropriately managed, it may contribute to complications affecting the pregnancy, delivery, or child’s health.

The issue is that these issues do not always look serious at the moment. For instance, a test result being filed without appropriate review, a symptom being attributed to pregnancy discomfort, or a delayed referral may not initially appear significant. It is usually only after further investigation, after the injury has occurred, that concerns about earlier care come to light.

Some of these prenatal errors include the following:

• Failing to appropriately diagnose or manage conditions, such as preeclampsia, gestational diabetes, or placental abnormalities.
• Missing signs of fetal distress during regular appointments.
• Prescribing medication that is not safe during pregnancy.
• Failure to adjust current prescriptions as the pregnancy progresses.
• Dismissing a symptom that was reported by a patient.
• Delay in referrals to a specialist.

Individually, some missed or delayed interventions may not appear significant at the time. However, when a problem is not identified or appropriately managed, it may increase the risk of complications and, in some circumstances, contribute to a birth injury.

How do errors during pregnancy lead to birth injuries?

It is not always immediately apparent how an issue during a routine prenatal checkup may be connected to a child’s later condition.

For example, a case of preeclampsia that was not recognized or appropriately managed can lead to complications affecting blood flow to the baby. Untreated gestational diabetes can lead to the baby growing too large for safe vaginal delivery. An infection that is not recognized or appropriately treated may affect the pregnancy or the baby’s health or development.

If these issues are not recognized or appropriately managed, complications may arise during labour or delivery. In these circumstances, identifying when and how the problem arose matters. It may also be important to consider whether the circumstances leading to the injury began during prenatal care rather than during labour or delivery.

Proving Medical Negligence in a Case Involving Prenatal Care

Not every bad pregnancy outcome is caused by malpractice. Pregnancy itself is unpredictable, and not every complication can be prevented. For a medical negligence claim to succeed, it must show the following:

• Your healthcare provider owed you a duty of care.
• The provider did not meet the expected standard of care.
• The failure caused your baby’s injuries.
• The injury resulted in real, measurable harm.

These issues can be complex. How do you determine whether the care fell below the expected standard and whether that failure caused or contributed to the injury?

This generally requires medical experts to review the records and assess whether the care provided at each stage was appropriate.

Due to the complexity of the issues, it is worth speaking with a birth injury lawyer as soon as you realize something is wrong, even if you are not sure whether there is a case. A lawyer can help assess whether the standard of care was met and explain your legal options.

What to Do if You Suspect a Prenatal Error Contributed to Your Child’s Injury

If you believe that your child’s condition can be attributed to a mistake made during your pregnancy, here are a few steps that your family can follow:

• Request your complete medical records: This includes all reports from appointment visits, test results, and notes from your file throughout your pregnancy, not just from labour and delivery.
• Keep track of your child’s treatment: Having documentation from experts like pediatricians and therapists can help you understand how complex the injury is and what it means for your child going forward.
• Write down what you remember: Your memory can change over time. Details can fade, so recording what you remember about symptoms, medical appointments, and conversations with healthcare providers may be helpful.
• Speak with a birth injury lawyer: Meet an experienced birth injury lawyer to review your documents, consult with medical experts, and help you understand whether your case involves medical negligence.
• Act within the correct time limit: Ontario law imposes time limits for bringing medical negligence claims, but determining when the time limit begins can be complicated, particularly when the injured person is a child. Because missing a limitation deadline can affect your ability to pursue a claim, it is important to obtain legal advice promptly if you have concerns about the care your child receives.

Contact Sommers Roth & Elmaleh for an Expert Birth Injury Lawyer

When a child is born with a serious injury, determining whether negligent prenatal care played a role is rarely straightforward. Medical records can be difficult to interpret, and many families are left wondering whether different decisions during pregnancy could have changed the outcome.

At Sommers Roth & Elmaleh, we investigate the care provided throughout a pregnancy to determine whether healthcare professionals met the accepted standard of care. Working with respected medical experts, we review prenatal records, diagnostic tests, referrals, and treatment decisions to identify whether a preventable error contributed to your child’s injuries.

Our firm has represented families in complex medical malpractice claims involving delayed treatment, missed diagnoses, birth injuries, and other forms of medical negligence. We understand the emotional and financial impact these cases have on families, and we are committed to advocating for families and pursuing the accountability and compensation they deserve.

If you believe that negligent prenatal care may have contributed to your child’s injuries, contact our birth injury lawyers at Sommers Roth & Elmaleh today. Call us at 1-844-940-2386 or reach out online to arrange a confidential consultation.