A birth injury is the physical harm itself, such as cerebral palsy, Erb’s palsy, or hypoxic-ischemic encephalopathy (HIE), while OB-GYN malpractice refers to negligent medical care that causes that harm. A birth injury can happen without malpractice, which is why each case needs to be reviewed on its own facts.
Understanding OB-GYN Malpractice
When an obstetrician-gynecologist fails to provide safe and attentive care during pregnancy or delivery, the effects can last a lifetime. This page is here to help you understand what OB-GYN malpractice is, how it can happen, and what options your family may have.
What is OB-GYN malpractice?
OB-GYN malpractice occurs when an obstetrician, gynecologist, nurse, midwife, or another member of the delivery team fails to meet the accepted standard of care during pregnancy, labor, delivery, or postpartum recovery, and that failure causes harm to a mother or baby. Because an OB-GYN is responsible for the wellbeing of two patients at once, even one missed warning sign can have consequences that follow a child for years.
Warning signs of possible OB-GYN malpractice
Families are often the first to sense that something went wrong. Signs that are worth asking questions about include:
- A sudden, unexplained emergency C-section late in labor
- Use of forceps or a vacuum extractor that left visible marks or injury on the baby
- A baby born with low APGAR scores or who needed resuscitation
- Signs of possible oxygen deprivation, such as seizures or unusual limpness in the newborn
- A shoulder, arm, or collarbone injury noticed shortly after a difficult delivery
- Little or unclear explanation from the care team about why complications occurred
What causes OB-GYN malpractice?
OB-GYN malpractice can stem from a range of errors or omissions during prenatal care, labor, or delivery, including:
- Failing to order or properly interpret prenatal tests or ultrasounds
- Failing to recognize or respond to signs of fetal distress on a fetal heart monitor
- Delaying a medically necessary C-section
- Improper use of forceps or a vacuum extractor
- Medication errors during pregnancy or labor
- Failing to diagnose or treat conditions such as preeclampsia, gestational diabetes, or infections
- Poor communication or coordination among members of the delivery team
When OB-GYN care may amount to medical malpractice
Not every difficult pregnancy or delivery is the result of malpractice. Childbirth carries inherent risks, and complications can arise even when a care team acts appropriately. However, certain patterns of care may point to negligence, including:
- Ignoring or misreading clear signs of fetal distress
- Delaying an emergency C-section despite documented warning signs
- Failing to act on abnormal lab results or ultrasound findings
- Using excessive force with delivery instruments
- Administering the wrong medication or an incorrect dosage during labor
- Failing to have appropriately trained staff present for a high-risk delivery
Determining whether a birth injury resulted from malpractice typically requires establishing the accepted standard of care and showing that a departure from it caused the harm. The attorneys at Wais, Vogelstein, Forman, Koch & Norman, LLC work closely with medical experts to investigate what happened during a pregnancy and delivery and to help determine whether negligence played a role.
Treatment and long-term outlook
The path forward after a birth injury depends on the specific harm involved. Some injuries, such as a fractured clavicle, tend to heal with time and physical therapy. Others, including cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and Erb’s palsy, can require lifelong medical care, therapy, and support. Early diagnosis and intervention often make a meaningful difference in a child’s development, which is why families are encouraged to work closely with pediatric specialists as soon as a birth injury is suspected. Legal action cannot undo an injury, but it may help a family secure the resources needed for ongoing medical care, therapy, and support.
Frequently Asked Questions
Common questions about OB-GYN malpractice.
We know these questions can feel overwhelming, so here are straightforward answers to what families often ask.
What is the difference between a birth injury and OB-GYN malpractice?
Is every birth injury caused by OB-GYN malpractice?
No. Many birth injuries happen even when a medical team provides careful, appropriate care, because pregnancy and childbirth carry inherent risks. A birth injury becomes a potential malpractice case only when it results from a departure from the accepted standard of care.
What treatment or support is available for a child affected by a birth injury?
Treatment depends on the type and severity of the injury and may include physical, occupational, or speech therapy, ongoing medical monitoring, and specialized equipment or care as a child grows. A pediatrician or specialist can help build a treatment plan suited to your child’s needs, and early intervention often supports better long-term development.
How long do we have to file an OB-GYN malpractice claim?
The deadline to file a medical malpractice claim, known as the statute of limitations, varies by state and can depend on factors such as the age of the child at the time of the injury. Because these deadlines are strict and vary widely, it’s a good idea to speak with an attorney as soon as possible to understand the timeline that applies to your family’s situation.
