Medical Malpractice in Pregnancy Management

A medical malpractice lawsuit is a civil lawsuit for compensation for damages caused by the negligence of a doctor or medical staff at a hospital or health fund, as a result of which a person suffered damage. "Negligence" means conduct contrary to the accepted standard, and in the case of a doctor or medical staff at a hospital, this refers to a case where a doctor or medical staff member does not act as required of them according to their experience, expertise, etc.

Pregnancy monitoring requires meticulous attention to the following issues, among others:

Before pregnancy or at its beginning – clarifying the medical history of both partners and the question of whether there is anything in the family history or in the family relationship between the partners that could affect the fetus's exposure to genetic or other defects. The doctor is expected to thoroughly clarify these points, refer the couple to genetic tests funded by the health fund, and even recommend desirable tests even if these are not included in the "health basket."

During pregnancy – referring the woman to each of the required tests according to the appropriate week of pregnancy, such as blood tests, urine tests, ultrasound, early and late scans, chromosome testing in the chorionic villi, chromosome testing in the amniotic fluid, nuchal translucency and other tests – and follow-up on test results. Expanding the tests as necessary. Referral to specialists such as in the field of ultrasound, genetics, and sometimes also specialists in fields that do not directly belong to the pregnancy process but can affect it or the mother – such as a cardiologist, if the woman suffers from a heart defect, etc.

Counseling the woman if test results are abnormal and can predict that the fetus will be born with a defect, in order to enable the couple to consider the possibility of terminating the pregnancy.

One of the prominent cases in which negligence by a medical staff member can lead to significant damages is a natural process of which millions like it occur every day in the world, almost all of them without any damage to the mother or newborn – and the reference is of course to the pregnancy process. Unfortunately, sometimes the process becomes complicated in a way that ultimately leaves damage to the mother or the newborn or both. In a case where it can be proven that the damage was caused by medical malpractice in pregnancy management by the doctor or someone from the medical staff who monitored the pregnancy, then there is reason to file a lawsuit against those responsible for the unfortunate outcome.

In order to examine the feasibility of filing such a lawsuit, the following actions must be taken:

Copying all medical material related to pregnancy management at the health fund, well-baby clinic, private clinic, ultrasound institute, and in short, any place and medical institution where the mother visited during the pregnancy.

Copying all medical material related to childbirth in order to understand whether there was required contact and appropriate information transfer between the entity that monitored the pregnancy and the entity that performed the delivery. Sometimes damages are caused to the mother or fetus only due to a failure in information transfer between the aforementioned parties.

Transferring all material for consultation with an expert in the field of gynecology so that they can examine whether the medical staff acted in accordance with accepted standards – or not. It should be noted that the "admission ticket" to court in medical malpractice lawsuits is an opinion from a medical expert in the same field being sued. Without such an opinion, it is almost impossible to file a medical malpractice lawsuit.

If the expert in the gynecological field says that in their opinion there was indeed negligence in pregnancy management, then the material must be transferred to an expert in the field regarding which damage is claimed. For example, if the baby born suffers from cerebral palsy, then the material relating to them, together with the gynecologist's recommendation, must be transferred to an expert in the field of pediatric neurology so that they can say whether the cerebral palsy can be attributed to negligence in pregnancy management, including the couple not being informed about the possibility of terminating the pregnancy. It should be noted that here too there is a need for an "admission ticket" in the form of a medical opinion linking the negligence to the damage. For example, if it turns out that the child suffers from cerebral palsy due to a genetic or other defect that could not have been "detected" during pregnancy monitoring, then even if there was negligence in pregnancy management, it will be difficult to link it to the unfortunate outcome.

Examples of damages that can occur during pregnancy and which can be detected through good pregnancy management:

Formation of "spina bifida" – a defect in the spine that can be identified in a scan and which predicts damages that justify considering termination of the pregnancy

Discovery of chromosomal defects in the chorionic villi or amniotic fluid (Down syndrome, for example) which also justify the doctor's attention and referring the mother to the possibility of terminating the pregnancy.

Discovery of urinary tract infection during pregnancy, which requires the doctor to inform the woman and the delivery rooms so that they ensure the mother receives antibiotics around the time of delivery in order to prevent the newborn from the risk of infection with a bacterium that can cause brain damage.

Ron-Festinger Law Office specializes in medical malpractice and has been handling thousands of cases of such lawsuits for over 30 years. The firm has acquired extensive experience in managing cases involving negligence in pregnancy management and childbirth. If you have a feeling that your son/daughter were born and remained (they and/or the mother) injured due to medical malpractice in pregnancy management or delivery – it is worthwhile to have us examine the medical file in order to clarify whether the damage was not caused by negligence of the doctor or someone from the medical staff who monitored the pregnancy or performed the delivery.