When Prenatal Care Fails: A Guide to Medical Malpractice Claims for Negligent Prenatal Care

August 21, 2025

Negligent prenatal care happens when a healthcare provider’s actions, or failure to act, fall below the accepted medical standard, directly causing harm to a mother or baby. This involves mismanaging high-risk conditions like preeclampsia, failing to respond to fetal distress during labor, or making preventable errors that lead to lifelong injury.

The consequences are typically severe and permanent. In fact, according to the Center for Justice and Democracy at New York Law School, 80% of birth injury malpractice claims involve high-severity injuries, and 41% involve neurological or brain damage.

To discuss what happened and learn about your options, call the team at Wapner Newman for a free, no-obligation consultation at (215) 569-0900.

What Does “Medical Negligence” Actually Mean in a Prenatal Care Context?

The term “medical negligence” may seem vague, but in the legal world, it has a very specific meaning. It is the foundation of any medical malpractice claim and requires proving several distinct elements.

The Standard of Care: A Simple Explanation

The “standard of care” is the baseline of competent medical practice. Think of it as the set of actions a reasonably skilled and careful doctor would take in a similar situation. It is about expecting a professional level of competence and care during pregnancy, labor, and delivery. When a provider’s actions deviate from this established standard, it may be considered a breach of their duty to the patient.

The Four Elements of a Malpractice Claim

For a medical malpractice claim for negligent prenatal care to be successful in Pennsylvania, we must demonstrate four specific things:

A Duty Was Owed: A doctor-patient relationship existed between you and the healthcare provider, which establishes that the provider owed you a duty of care.
That Duty Was Breached: The provider failed to meet the accepted standard of care. This could mean they did not order a standard test, misinterpreted lab results, or ignored clear warning signs of a developing problem.
The Breach Caused Harm (Causation): We must show that the provider’s specific failure, and not some other factor, is what directly led to the injury to the mother or child. The evidence must reasonably show that the provider’s actions were a “substantial cause” of the harm.
You Suffered Damages: The injury resulted in measurable harm. This includes the need for ongoing medical treatment, therapy, assistive devices, and other financial and personal losses.

Where Prenatal Care Can Go Wrong: Common Failures That Lead to Injury

These are specific failures that appear frequently in medical malpractice claims and have devastating results. These errors often fall into a few key categories.

Failure to Identify and Manage High-Risk Conditions

A core part of prenatal care is identifying and managing conditions that could complicate a pregnancy. A failure here could result in:

Preeclampsia and Hypertensive Disorders: These conditions, marked by high blood pressure, restricts blood flow to the placenta, endangering the baby. A failure to diagnose and manage high blood pressure is a common basis for these cases, as complications include low birth weight and organ damage for the mother.
Gestational Diabetes: When not properly managed, this condition may lead to a dangerously large baby (fetal macrosomia), increasing the risk of complications during birth.
Placental Issues: Conditions like placenta previa (where the placenta covers the cervix) or placental abruption (where the placenta detaches from the uterine wall) require careful monitoring and a clear plan for a safe delivery. Ignoring the signs could lead to severe bleeding and fetal distress.

Errors During Labor and Delivery

The decisions made during labor and delivery are time-sensitive. A failure to act appropriately will lead to permanent injury.

Ignoring Fetal Distress: Fetal heart rate monitors provide a direct window into the baby’s well-being. A failure to recognize and act on signs of distress, such as a sustained drop in heart rate, will deprive the baby of oxygen and lead to permanent brain damage.
Delaying a Necessary C-Section: When a vaginal birth becomes unsafe for the mother or baby, a timely C-section is required. Unreasonable delays lead to oxygen deprivation, brain injury, or even death.
Improper Use of Birthing Tools: Forceps and vacuum extractors are helpful aids, but when used incorrectly or with excessive force, they can cause skull fractures, nerve damage, and brain hemorrhages.

Mismanagement of Infections and Medications

Untreated Infections: Failing to test for or treat common infections like Group B Strep could allow the infection to pass to the baby during delivery, potentially causing meningitis or sepsis.
Medication Errors: Prescribing a drug that is known to be harmful to a developing fetus is a clear breach of the standard of care and may lead to birth defects.

The Lifelong Impact: Understanding the Injuries and Losses

Severe Neurological and Brain Injuries

Cerebral Palsy

Cerebral palsy (CP) is one of the most common and devastating outcomes of prenatal care negligence, affecting approximately 2-3 children per 1,000 births. This disorder results from brain damage that occurs before, during, or shortly after birth, often due to oxygen deprivation from preventable complications. There are 4 different types of CP:

Spastic cerebral palsy: The most common form, causing muscle stiffness and involuntary contractions that affect movement and posture
Dyskinetic cerebral palsy: Characterized by involuntary, uncontrolled movements affecting arms, legs, and facial muscles
Ataxic cerebral palsy: Results in balance and coordination problems, affecting fine motor skills and walking ability
Mixed cerebral palsy: Combinations of the above types, often indicating more extensive brain damage

The severity ranges from mild cases requiring minimal assistance to severe forms involving complete dependency on caregivers for all daily activities. Children with severe cerebral palsy may require feeding tubes, respiratory support, and 24-hour medical supervision.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE occurs when the brain doesn’t receive adequate oxygen and blood flow, typically during labor and delivery complications that should have been prevented or managed differently:

Mild HIE: May cause subtle learning disabilities, attention problems, or behavioral issues that become apparent in school
Moderate HIE: Often results in intellectual disabilities, seizure disorders, and significant developmental delays
Severe HIE: Could cause profound intellectual disability, multiple medical complications, and shortened life expectancy

HIE frequently co-occurs with other conditions like epilepsy, vision problems, and hearing loss, creating complex medical needs requiring coordination among multiple specialists throughout the child’s life.

Physical and Developmental Complications

Erb’s Palsy and Brachial Plexus Injuries

These nerve injuries typically result from excessive force during difficult deliveries, particularly when shoulder dystocia occurs and proper protocols aren’t followed:

Upper brachial plexus injury (Erb’s palsy): Affects shoulder and elbow movement, often requiring multiple surgeries and extensive physical therapy
Lower brachial plexus injury (Klumpke’s palsy): Impacts hand and wrist function, potentially causing permanent grip weakness
Complete brachial plexus injury: Results in total arm paralysis, requiring lifelong adaptive equipment and assistance

These injuries usually necessitate multiple reconstructive surgeries, years of occupational therapy, and adaptive equipment to help children perform daily activities and participate in school and social functions.

Harm to the Mother

Maternal mental health consequences from prenatal care negligence extend far beyond physical injuries and could persist for years:

Severe postpartum depression: Clinical depression lasting months or years, often triggered by traumatic birth experiences and child injury
Post-traumatic stress disorder (PTSD): Flashbacks, nightmares, and anxiety related to traumatic delivery experiences
Anxiety disorders: Persistent worry about the injured child’s health and fear of future pregnancies
Maternal-infant bonding difficulties: Problems forming emotional connections with the injured child due to trauma and stress

These mental health conditions might require extensive therapy, medication management, and can affect the mother’s ability to work and care for her family.

How a Malpractice Claim Unfolds in Pennsylvania

Step 1: The Initial Conversation

It all begins with a free, confidential phone call. This is your opportunity to tell your story in a safe environment, ask questions, and understand your legal rights without any pressure or commitment. A compassionate legal team will listen and provide initial guidance.

Step 2: The Investigation and Record Gathering

If you decide to move forward, our team takes on the burden of collecting every piece of evidence. This includes all prenatal records, hospital charts, fetal monitoring strips, lab results, and imaging scans. We work to build a complete and detailed picture of the care you and your child received.

Step 3: The Certificate of Merit

This is a key requirement under Pennsylvania’s MCARE Act. It means we must have an independent, qualified medical professional review the records and provide a written statement that there is a reasonable probability the care you received was negligent and caused harm. We manage this entire process for you, engaging with medical professionals to get the necessary validation for your claim.

Step 4: Filing the Claim and Discovery

Once the Certificate of Merit is secured, we formally file the lawsuit. This begins the “discovery” phase, where we legally exchange information, documents, and testimony with the defendants (the doctors and/or hospital). This process allows us to build the strongest possible case on your behalf.

Step 5: Resolution Through Negotiation or Trial

Many medical malpractice cases are resolved through a negotiated settlement, which avoids the emotional stress of a trial. However, we prepare every case as if it will go to court. This approach ensures we are always negotiating from a position of maximum leverage to secure the full and fair compensation your family needs.

What Does “Compensation” Actually Cover?

Compensation in a birth injury case is a carefully calculated financial plan designed to provide for a lifetime of needs that resulted from medical negligence. It includes funds for:

Lifetime Medical and Rehabilitative Care: This covers all future surgeries, doctor visits, medications, and essential therapies like physical, occupational, and speech therapy.
Adaptive Equipment and Home Modifications: This includes wheelchairs, communication devices, accessible vehicles, and modifications to your home like ramps, wider doorways, and stair lifts.
Future Lost Wages (Lost Earning Capacity): If your child’s injuries will prevent them from working as an adult, compensation can be calculated to cover their lost lifetime earnings.
Specialized Educational Needs: This provides funding for tutors, specialized schools, or other educational resources to help your child reach their full potential.
Pain, Suffering, and Loss of Life’s Pleasures: This acknowledges the profound human cost of the injury—the physical pain, emotional distress, and the inability to enjoy life in the same way as other children.
Your Family’s Financial Losses: This may include wages you have lost from having to leave a job or reduce your hours to become a full-time caregiver for your child.

Frequently Asked Questions About Negligent Prenatal Care Claims

How long do I have to file a birth injury claim in Pennsylvania?

In Pennsylvania, the statute of limitations for an injury to a minor is typically “tolled,” or paused, until their 18th birthday. This means a lawsuit for the child’s injuries could usually be filed up until their 20th birthday. However, it is always better to act sooner rather than later, while evidence is still available and memories of the events are fresh.

I signed consent forms at the hospital. Does that mean I gave up my right to file a claim?

No. Consenting to the known and disclosed risks of a medical procedure is not the same as consenting to negligent care. A consent form does not give a healthcare provider a pass to make preventable errors or deviate from the accepted medical standard. You never consent to malpractice.

My doctor just said it was an unavoidable “complication of birth.” How can I know if it was something more?

This is a very common concern. Hospitals and their insurance companies will rarely admit that a mistake was made. The only way to know for sure is to have an independent medical professional—one who is not affiliated with the hospital where the injury occurred—review all of the medical records. This independent review is a core part of the legal investigation we conduct for you.

What is the federal EMTALA law and how does it relate to prenatal care?

The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires hospitals to provide an appropriate medical screening and stabilizing treatment to anyone who comes to the emergency room, which includes women in active labor. A hospital cannot turn a woman in labor away because of an inability to pay. A failure to provide this required screening and stabilizing care can be a separate basis for a legal claim.

A Path to Answers for Your Family

Your energy belongs with your family right now, focused on care, healing, and adapting. Our role is to find the answers you need and pursue the resources required for your child’s future.

Let us help you move forward. Call Wapner Newman at (215) 569-0900 to speak with our team in a free and completely confidential setting.