Could medical negligence have contributed to pregnancy or infant loss?

October is Pregnancy and Infant Loss Awareness Month, a time set aside to remember the babies who were lost and to support the families who carry that grief. For many parents, the loss is made even harder by unanswered questions about the care they received. Not every pregnancy or infant loss can be prevented, but some are connected to missed warning signs, delayed treatment, or errors during pregnancy, labor, or newborn care. 

Understanding the difference between a tragic but unavoidable outcome and one that may have involved medical negligence can be an important step for families who are searching for answers. A loss occurring does not automatically mean negligence was involved. Whether care fell short of the expected standard of care depends on the specific circumstances and requires a careful review of the medical records. 

What counts as medical negligence during pregnancy or infant care?

Medical negligence occurs when a healthcare provider, such as an OB-GYN, midwife, nurse, or hospital staff member, fails to provide the standard of care that would typically be expected in the same situation, and that failure causes harm. In pregnancy and infant care, this standard applies throughout prenatal visits, labor and delivery, and the newborn period.

What clinical factors may point to negligence? 

Certain circumstances may point to negligence, including:

• Inadequate monitoring of fetal heart rate during labor
• Delay in performing an emergency C-section when a delivery becomes unsafe to continue
• Missed or mismanaged preeclampsia or other high-risk conditions
• Delayed diagnosis of ectopic pregnancy
• Unrecognized or untreated maternal or newborn infection 
• Medication or anesthesia errors during labor or delivery 
• Slow response to signs of newborn distress after birth

If any of these circumstances sound familiar, having the medical records reviewed can help clarify whether they were present and what role they may have played.

How are warning signs typically recognized during pregnancy and delivery?

Providers are expected to monitor known risk factors throughout pregnancy, including maternal health conditions, fetal growth, and test results, and to respond appropriately when warning signs appear during labor. This can include changes in fetal heart rate patterns, abnormal bleeding, signs of infection, or a mother reporting symptoms such as severe headaches, vision changes, or decreased fetal movement.

A fetal heart rate monitor tracks the baby’s heartbeat throughout labor, and certain patterns, such as a heart rate that slows and does not recover, are meant to prompt a closer look. Some complications develop suddenly and are not always foreseeable. A review of the medical records can help determine whether warning signs were present and how they were addressed. 

What experiences may be worth discussing with an attorney? 

Parents who have experienced a loss often are not sure whether it was preventable. Some circumstances that may be worth reviewing with an attorney include:

• Concerns raised during pregnancy or labor were not addressed
• A significant amount of time passed between symptoms appearing and any medical response
• Explanations from the hospital or provider were inconsistent or incomplete

What can parents do if they have questions about their loss?

If you have any questions about whether the care you received may have contributed to a pregnancy or infant loss, speaking with an attorney experienced in pregnancy, delivery, and newborn care negligence can help you understand your options.

An attorney can arrange for the medical records to be independently reviewed by qualified professionals who can help determine whether the care provided met the expected standard. This kind of review often brings clarity that is difficult to reach on your own, since interpreting fetal monitoring strips, delivery notes, and treatment timelines requires medical as well as legal expertise. Many families want to understand what happened, and a review of these records can provide that understanding whether or not it points to a legal claim. 

Because time limits apply to these types of claims, it can help to reach out sooner rather than later.

We are here to help you get answers

At Wais, Vogelstein, Forman, Koch & Norman, LLC, our attorneys help families understand what happened during pregnancy, labor, and delivery. If you have experienced a loss and have questions about the care you received, we are here to listen and help you understand your options, with compassion and no obligation.

Contact us today at 410-998-3600 or schedule a free consultation through our contact page.