Prenatal Negligence

Pregnancy is one of the most pivotal experiences in a woman’s life. Generally pregnancy is a natural and relatively smooth process, but sometimes complications and problems arise. OBGYN and other health care professionals strive to ensure a woman and her baby get through the pregnancy as safely as possible. However sometimes due to negligence and malpractice, pregnancy can turn into a nightmare and in the worse cases result in death or serious injury for the mother and the baby. You need to ensure that you or your loved one is protected by contacting experienced malpractice lawyers if you suspect prenatal or delivery room negligence.

Florida Prenatal and Delivery Room Negligence Attorneys

Lisa Levine focuses in the areas of medical malpractice that affect women, including failure to diagnose breast and cervical cancer, plastic surgery errors, birth injuries, delivery room negligence and defective drugs used by women. She prides herself on her dedication to women’s health issues, and has been featured on Good Morning America and NBC News.

Mark Glassman focuses a great deal of his practices on injuries resulting from defective and dangerous drugs, as well as pharmaceutical litigation, and wrongful death litigation. Mr. Glassman has been involved in pharmaceutical cases involving the infamous diet drug, Fen-Phen, and his cases have been highlighted in professional journals such as The Daily Business Review and Contractor Magazine.

Prenatal Information Center

• What should I do before I get pregnant?
• What is prenatal care?
• What are some examples of prenatal negligence?
• How do I file a prenatal negligence lawsuit?
• How we can help

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What should I do before I get pregnant?

If you are planning a pregnancy there are a number of things to do in order to get ready for a baby. Aside from financial and domestic situations there are some important health considerations to take into account before you get pregnant. The most basic health changes to make before getting pregnant include:

• Find an OBGYN or family practitioner to discuss your personal health situation and get advice about preparing for pregnancy.
• Take a multivitamin that includes folic acid.
• Stop smoking and drinking alcohol. Ask your doctor for advice about smoking and drinking habits.
• If you have preexisting conditions like high blood pressure, diabetes, asthma or epilepsy make sure you see a doctor and get these conditions under control. Also work out a plan with your doctor on how to keep these conditions under control during your pregnancy.
• Make sure you disclose to your doctor all medications and supplements you are taking. Sometimes medicines are harmful to a developing fetus.
• Try to avoid harmful or toxic substances at work and at home.

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What is prenatal care?

Prenatal care is the health care received during pregnancy. Typically if a woman is pregnant or planning to become pregnant it is advisable for her to seek medical attention quickly to make sure there are no problems with the woman or the developing fetus. Usually prenatal care starts with a doctor’s visit either to an OBGYN or a family doctor. At the initial visit the doctor should take a medical history that includes:

• Your health including prior pregnancies, diseases or operations
• Family history of diseases
• A complete physical exam including a pelvic exam and Pap Smear
• Baseline vitals like height, weight and blood pressure should be recorded
• Blood tests and urine tests to see if there are any issues
• Due date calculations should take place
• Advise you on healthy lifestyle choices for your health and the baby’s health
• Answer any questions or concerns you have regarding your pregnancy

As the pregnancy continues you should still visit your doctor at regular intervals. The physician will continue to check your blood pressure and measure weight gain and most importantly check the growth of the baby and monitor the baby’s heart rate. Depending on your health and family history some tests and aspects of her pregnancy might have to be closely monitored. It is important that you develop a good relationship with your doctor and feel comfortable with the prenatal care you receive.

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What are some examples of prenatal negligence?

Sometimes complications in pregnancy are due to the negligence of the treating physician. Some common examples of prenatal negligence are:

• Failure to recognize and treat fetal distress
• Failure to diagnose genetic defects and abnormalities
• Ectopic pregnancy
• Failure to control hypertension in a pregnant woman
• Failure to diagnose or treat gestational diabetes in a pregnant woman
• Premature birth due to avoidable complications

If a woman is seeing a doctor on a regular basis, it is the doctor’s duty to monitor the pregnant woman for complications. It is virtually impossible for a doctor to prevent things like hypertension or ectopic pregnancy, but it is in the doctor’s power to diagnose and treat complications early and effectively.

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How do I file a prenatal negligence lawsuit?

First you need to seek counsel from experienced malpractice attorneys who can tell you if your particular situation qualifies as negligence. Most times complications do occur and physicians follow the correct procedure and a negative outcome still results. In some cases though, negligence is the key factor in the negative outcome and in those cases you need to get appropriate legal advice in order to determine your options. For the most part, in a medical malpractice case you must prove 4 things:

1. There was a doctor/patient relationship that gave rise to a reasonable standard of care
2. The doctor breached the reasonable standard of care
3. You sustained an injury
4. The injury was directly caused by the doctor’s breach of the reasonable standard of care.

Generally expert witnesses will be employed to testify to the reasonable standard of care. If a reasonable OBGYN or family doctor would have diagnosed the problem then it can be considered negligent if your OBGYN failed to diagnose the problem. The plaintiff or the person bringing the case must prove the negligence directly caused the injury in order to be successful.

Possible damages in a prenatal medical malpractice suit include compensation for:

• Medical bills for you and your child
• Possible lost wages
• Pain and suffering or emotional distress

It is important to talk to a lawyer about bringing prenatal cases in your jurisdiction. Tort reform has capped or disallowed compensation for punitive damages in some locations. Only an attorney can evaluate your case and tell you the likelihood of winning the case and the amount of possible damages to expect.

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How we can help

The attorneys at Levine & Glassman, P.A., are experienced and knowledgeable about all kinds of malpractice law, including prenatal and delivery room negligence. We will take the time to listen to your concerns and give your case the attention it deserves. If you have been injured due to prenatal or delivery room negligence, you have a limited time to file your claim. You should call (954) 332-6100 or fill out our online case evaluation form immediately to schedule your free consultation.

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Resources

Maternal and Child Health Bureau – provides information on maternal health and resources across the US for prenatal care.

Pregnancy.org – a detailed resource for any woman is thinking of becoming pregnant to pregnancy and child birth to the actual care of children.

Levine & Glassman, P.A. | Florida Prenatal and Delivery Negligence Attorneys

If you or a loved one has suffered injury due to prenatal or delivery room negligence, you need to ensure you are well represented. The complications suffered could have been avoided and may have lasting consequences that can affect the quality of life for years to come. The attorneys at Levine & Glassman are experienced medical malpractice attorneys and are able to ensure that you receive fair compensation for the damages you or your loved one suffered. If you are anywhere in Florida, including: Fort Lauderdale, Miami, West Palm Beach, Boca Raton, or the surrounding areas of Broward, Miami-Dade, or Palm Beach counties, contact Levine & Glassman for an analysis of your medical malpractice case.