Posted on 01/04/2022

Can a Premature Birth Be Reason For a Medical Malpractice lawsuit?

Can a Premature Birth Be Reason For a Medical Malpractice lawsuit?

Giving birth is wonderful and essential to life — and is certainly not for the faint of heart. 

There’s a lot to look forward to, like the first couple of words your baby says or the first steps they take. 

However, in any pregnancy, there can be complications. A premature birth is associated with many risks and dangers to both the mother and baby.

Let’s review what is considered a premature birth and what the grounds are for filing a premature birth lawsuit. If your baby was born premature and suffered injuries, keep reading. You and your baby can get the relief you deserve.

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What is a Premature Birth? 

An average pregnancy is considered to last anywhere between 38-40 weeks. Premature birth is when a baby is born before 37 weeks. 

Other types of premature births include:

  • Late preterm birth – when a baby is born between 34-36 weeks of pregnancy
  • Moderately preterm birth – when a baby is born between 32-34 weeks
  • Very preterm birth – when a baby is born at less than 32 weeks of pregnancy

When a baby is born premature, they need extra care and support so that they continue growing and forming outside of the mother’s womb.

The earlier a baby is born, the more health risks they may experience. The health risks can involve the baby’s heart, lungs, brain, eyes, and many other organs. 

If your baby was born preterm, they may also experience other developmental delays or disabilities as they continue to age.

Developmental delays can be reversed, if not alleviated, through therapy. 

However, developmental disabilities are typically life-long and will still require therapy and other resources to live a healthy and normal life.

Some common risks and injuries associated with a premature birth include:

  • Anemia
  • Breathing difficulties and problems, such as respiratory distress syndrome
  • Infections and neonatal sepsis
  • Hemorrhages, such as IVH
  • Necrotizing enterocolitis – when the intestines are damaged and start to die
  • ROP – AKA Retinopathy of prematurity, is when the retinas fail to develop properly. In more severe cases, ROP can lead to blindness.

Some common developmental delays and disabilities that children born prematurely experience include:

  • Hearing and vision problems
  • Cerebral Palsy
  • Learning Disabilities
  • Delayed or abnormal growth

If your baby was born before 37 weeks and has experienced any injuries or disabilities, reach out to a medical malpractice attorney. They can help you decide if you should file a premature birth lawsuit.

Can I File a Lawsuit for a Premature Birth?

A premature birth can be considered medical malpractice if your medical provider, or the hospital they were caring under, failed to provide you and your baby with the standard level of treatment and medical care. 

What exactly does that mean?

Obstetricians and other medical providers must be able to provide competent and thorough care for expecting mothers. If they fail to provide the standard level of care, then they may be held liable for any injuries to the baby and mother.

Examples of premature birth medical malpractice

If a medical provider failed to consider the expecting mother’s past medical history of gestational diabetes, for example, and did not adequately care for the mother properly during pregnancy, it could be argued that this led to a premature birth and opened the door to further complications.

Another example would be if a medical provider incorrectly marked a mother’s due date and gave medication to induce labor too soon, causing a premature birth and other serious health risks.

There are many other examples of situations when a premature birth can be considered medical negligence. But the main point is that any baby born too early can be exposed to dangers, along with complications to the mother’s health, and in some cases, the injuries could have been prevented.

If you believe your medical provider failed to provide you with the standard level of care throughout your pregnancy, which led to having a premature birth, or if you believe your baby has sustained a lifelong injury due to being born premature, consider filing a premature birth lawsuit.

Not every premature birth and injury sustained from having a premature birth is caused by your providing OBGYN or medical personnelle. It’s extremely beneficial to speak with a medical malpractice attorney so they can help define if your case would be considered medical malpractice. 

When to File a Premature Birth Lawsuit? 

Taking legal action is a big step. 

There are some factors you want to consider before filing a premature birth lawsuit as there are many factors involved in proving medical negligence.

You should also consider reaching out to speak with a medical malpractice attorney as soon as you’re prepared. 

With any medical malpractice lawsuit, there is something called the Statute of Limitations. This is basically a time limit on when someone can submit a lawsuit — which can vary depending on the state you live in. 

Even if you’re unsure if you’re able to file a premature birth lawsuit, discuss your injuries with a medical malpractice attorney so they can help guide you to the right course of action.

Let Us Help You

Unlike some law firms, Grover Lewis Johnson doesn’t charge their clients any legal fees until we’ve won your case. 

With our team on your side, you’ll have time to prepare and save financially to continue living your life. 

Our team has over 25 years of experience collectively. We’re prepared to fight for your premature birth lawsuit.

Contact us today for the help that you need.