Medical Malpractice in Pregnancy

Medical malpractice in pregnancy occurs when the monitoring or medical care during pregnancy departs from the accepted medical standard - for example, failing to perform required tests, misreading a test, failing to refer for further investigation, or failing to identify a high-risk pregnancy - and as a result harm is caused to the mother or the newborn. In such cases the parents may have grounds for a compensation claim. Entitlement depends on the specific circumstances of each case.

Proper pregnancy monitoring is built as a chain of tests and checkpoints, each designed to identify a risk while there is still time to act. When a link in the chain is faulty or missing - a test that was not offered, a finding that was not reported, a risk factor that was not identified - the parents lose the ability to make informed decisions, and sometimes harm is caused that could have been prevented.

Ron-Festinger Law Office has specialized for more than 44 years in medical malpractice claims in gynecology and obstetrics, and accompanies families in some of the most complex pregnancy and birth cases in Israel. On this page we explain what counts as negligence in pregnancy, which tests are part of proper monitoring, how a claim is proven, and what you need to know about deadlines.

Worried that your pregnancy was not monitored properly? An initial consultation at no cost and with no obligation: 077-4075002 | also available on WhatsApp

What Is Medical Malpractice in Pregnancy?

The legal test is the reasonable physician test: did the treating party - the gynecologist, the monitoring nurse, the imaging institute or the health fund - act as a reasonable caregiver would have acted in the same circumstances. A claim rests on three elements: negligence (a departure from the standard), harm, and a causal link between them. In claims related to pregnancy monitoring, the harm is sometimes the birth of a child with a defect or illness that could have been diagnosed in time, and sometimes injury to the mother or the fetus from a risk that was not properly managed.

Typical Forms of Negligence in Pregnancy Monitoring

• Failing to perform or offer routine monitoring tests, or failing to inform about available tests that are not covered by the health basket
• Misreading tests - ultrasound, blood tests, biochemical screening - or failing to pass an abnormal result on to the parents
• Missing a fetal defect in imaging tests - further reading: Medical Malpractice in the Anatomy Scan
• Failing to refer for genetic counseling and testing despite an indication - further reading: Medical Malpractice in Genetic Testing
• Failing to identify a high-risk pregnancy - gestational diabetes, preeclampsia, fetal growth restriction, multiple pregnancy - or managing it as a regular pregnancy
• A deficient response to the mother's complaints - reduced fetal movement, bleeding, pain - that were not translated into immediate investigation

Which Tests Are Part of Proper Pregnancy Monitoring?

Below is a general picture of the accepted milestones in pregnancy monitoring in Israel:

The legal significance: when a material checkpoint in the monitoring was skipped, not offered or not documented - and in hindsight it turns out that this was exactly where the problem could have been identified - grounds for a claim may arise.

High-Risk Pregnancy - Heightened Responsibility

When risk factors are present - age, underlying conditions, obstetric history, a multiple pregnancy or an abnormal finding during monitoring - more rigorous management is required: more frequent monitoring, additional tests, and sometimes follow-up at a dedicated high-risk pregnancy clinic. Failing to identify a pregnancy as high-risk, or managing it as a regular pregnancy, is among the common grounds for claims in this field. An incorrect risk assessment may also affect the management of the delivery itself, and in such cases medical malpractice in childbirth is also examined.

How Is Medical Malpractice in Pregnancy Proven?

1. Gathering the complete records - the pregnancy monitoring card, imaging and lab tests, and documentation of visits at the health fund and imaging institutes. Every patient has a legal right to receive her medical records
2. Reconstructing the chain of decisions - what was tested, what was offered, what was reported and what was missed, measured against accepted guidelines
3. Expert opinion - a senior gynecologist and, where needed, a geneticist or imaging specialist determine whether there was a departure from the standard and whether it caused the harm
4. Assessing the harm - the needs of the child or the mother, the expected costs and the family's losses
5. Managing the claim - negotiation with insurers and institutions and, where necessary, full legal proceedings

Compensation in Pregnancy Malpractice Claims

Compensation derives from the harm actually caused. When a child is born with a disability that could have been diagnosed during pregnancy, the parents may also have a wrongful birth claim - a cause of action intended to cover the costs of the child's treatment, supervision and dependency. Typical heads of damage include medical and therapeutic expenses, nursing care and assistance, housing adaptations, loss of earnings, the parents' expenses, and pain and suffering. Each case is examined on its merits - nothing stated here guarantees an outcome.

Limitation Period: How Long Do You Have to Sue?

As a rule, a medical malpractice claim becomes time-barred after seven years; however, the calculation is affected by many circumstances: when the harm arose, when it was discovered, and whether the injured person is a minor - in which case the period generally begins only at age 18. In pregnancy-related claims several limitation tracks run in parallel (the parents' claim and the child's claim), so do not rely on your own calculation - seek a legal review as early as possible.

The Experience of Ron-Festinger Law Office in Pregnancy and Birth Claims

• More than 44 years of experience, with a unique specialization in gynecology, obstetrics and newborn care
• Working with leading experts in women's medicine, genetics and fetal imaging
• Personal and sensitive support for the family throughout the process - we know that behind every case is a painful family story
• Fees on a success basis only (No Win No Fee), a free initial consultation, offices in Jerusalem and Tel Aviv

Our office has recently handled several cases in which regular monitoring was carried out during pregnancy, yet suspicious findings in the ultrasound scans were missed. For example, we handled a case in which slowed fetal growth was observed during the last trimester of pregnancy. It emerged that one of the bones in the lower limb was short, and this was recorded technically in the scan report, but the finding was never brought to the parents' attention, even though such a finding may indicate a severe syndrome and the presence of serious defects. The health fund tried to argue that the measurement was normal, but in a successful mediation process conducted by our office we proved to the mediator that the health fund had not understood what the various reference tables showed. At the end of the mediation the family of the injured child was paid significant compensation of more than two million shekels, in addition to National Insurance benefits.

To arrange an initial consultation at no cost and with no obligation: 077-4075002 | also available on WhatsApp

Frequently Asked Questions

What is medical malpractice in pregnancy?

Medical malpractice in pregnancy is a departure from the accepted medical standard in monitoring or care during pregnancy - such as failing to perform tests, misreading results, failing to pass on results or failing to identify a risk - that caused harm to the mother or the newborn. To establish a claim, three elements are required: negligence, harm and a causal link between them, and they are examined through expert medical opinion.

Which tests must be offered to every pregnant woman?

Accepted pregnancy monitoring includes, among other things, blood and urine tests, nuchal translucency, biochemical screening, anatomy scans, a glucose challenge test and growth monitoring - alongside a duty to inform about additional relevant tests that are not covered by the health basket, depending on the circumstances. Failing to offer, or to inform about, a material test may constitute negligence.

A defect was discovered after the birth - can we sue?

Possibly. The central question is whether the defect could and should have been discovered during pregnancy through the accepted tests, and whether discovering it would have allowed the parents to make different decisions. If the answer is yes, the parents may have a claim, including a wrongful birth claim. The review is based on the monitoring file and expert opinion.

How long do you have to file a pregnancy malpractice claim?

As a rule seven years, but the calculation depends on when the harm was discovered and on who the claimant is - for a minor child the period generally begins only at age 18, and the parents' claim has deadlines of its own. Because there are several tracks, it is advisable to seek a legal review promptly rather than rely on your own calculation.

Whom do you sue - the doctor, the health fund or the hospital?

It depends on where the negligence occurred: pregnancy monitoring is usually conducted at the health fund and at imaging institutes acting on its behalf, so the main defendant is usually the fund, which is responsible for the caregivers acting on its behalf. If the negligence occurred at a hospital or a private institute, the claim will be directed at them. Identifying the correct defendant is part of the attorney's work.

How much does it cost to file a claim?

At our office the initial review and consultation are free of charge, and the fee is charged as a percentage of the compensation only if the claim succeeds (No Win No Fee). Associated costs, such as medical expert opinions, are discussed transparently in advance according to the circumstances of the case.

Get in Touch

If something about your pregnancy monitoring is troubling you - do not stay with the question. An initial consultation at no cost and with no obligation: 077-4075002 | also available on WhatsApp | or leave your details here. Offices in Jerusalem and Tel Aviv, fully available for families.

The content of this page is general information only, does not constitute legal advice, and is not a substitute for individual legal advice. Each case is examined on its own circumstances. For a professional assessment of your case, contact us for an initial consultation at no cost and with no obligation.