Premature Delivery Lawsuits

Was Your Child Born Preterm Due to Medical Negligence?

Although the exact timeline has varied through the years, today’s pregnancies are considered full term at 39 weeks. Babies who are born prior to 37 weeks are considered premature and may experience grave problems depending on the development of their lungs, heart, and brain at the time of birth.

At the Law Office of David A. Kates, we are committed to helping families who are facing serious challenges caused by preventable birth injuries. If your child was born early and is experiencing health problems, we can consider whether their premature delivery and resulting injuries are linked to medical malpractice in any way. If so, we can take legal action to hold the at-fault party accountable.

For a free review of your case, call (718) 866-3664. We serve Queens and the surrounding NYC boroughs.

Risk Factors of Premature Birth

In many cases, the precise cause of premature birth is unclear. There are known risk factors associated with an early delivery, however, and your doctor should be able to identify these and address any problems that may arise in order to protect your health and the health of your baby. If medical negligence is suspected in the cause of your premature birth, premature delivery lawsuits can help hold the responsible parties accountable.

The following risk factors have been associated with preterm delivery:

• Pregnancy with twins, triplets, or other multiples
• A previous premature delivery
• Cigarette or drug use during pregnancy
• In vitro fertilization (IVF)
• Maternal diabetes or hypertension
• Amniotic fluid or lower genital tract infection
• Issues with the cervix, placenta, or uterus
• Less than six months between pregnancies
• Multiple previous miscarriages or abortions
• Extreme stress, physical injury, or trauma

Common Health Problems in Premature Babies

Premature babies, born before 37 weeks of gestation, are at a higher risk for various health problems. The earlier a baby is born, the more likely they are to experience complications due to their underdeveloped organs and systems. Some of the most common health issues premature babies face include:

• Respiratory Issues: Premature babies often have underdeveloped lungs, making it difficult for them to breathe. Conditions like respiratory distress syndrome (RDS) are common and can require mechanical ventilation or oxygen support.
• Developmental Delays: Premature babies may face delays in physical, cognitive, and emotional development. They may take longer to reach milestones such as sitting up, walking, or talking.
• Brain Injuries: Premature birth increases the risk of brain injury, particularly intraventricular hemorrhage (IVH), which is bleeding in the brain. Severe cases can lead to long-term neurological injuries, such as cerebral palsy or developmental delays. These neurological injuries can have lasting effects on a child's motor skills, cognitive abilities, and overall development.
• Vision and Hearing Impairments: Premature babies may have underdeveloped eyes and ears. Conditions like retinopathy of prematurity (ROP) can lead to vision loss, while hearing problems can occur due to immaturity of the ear structures.
• Gastrointestinal Issues: Premature babies are at risk of necrotizing enterocolitis (NEC), a serious condition where part of the intestine becomes damaged or dies, which can lead to infections or digestive issues.

The severity of these health problems largely depends on how early the baby is born. Babies born at 32 weeks will have fewer complications than those born at 24 weeks. The earlier the birth, the higher the likelihood of serious health issues that may require long-term medical care.

How Medical Negligence Contributes to Premature Birth

In some cases, medical negligence can directly contribute to premature delivery. Negligence in prenatal care, management of pregnancy complications, or during labor can lead to avoidable preterm births. Here are some examples of how negligence can play a role:

• Failure to Monitor Maternal Health: If doctors or nurses fail to monitor the mother’s health properly, conditions like preeclampsia, gestational diabetes, or infections can go undetected and lead to premature birth. Additionally, emergency room errors in diagnosing or managing these conditions can further increase the risk of complications, potentially resulting in a preterm delivery. Proper monitoring and timely interventions are critical to preventing avoidable premature births.
• Improper Management of Pregnancy Complications: In high-risk pregnancies, healthcare providers should closely monitor for signs of preterm labor, but a lack of intervention or delay in addressing complications such as cervical incompetence can increase the risk of early birth.
• Delayed Intervention in High-Risk Pregnancies: In cases where there are multiple risk factors—such as carrying multiples, previous preterm births, or severe medical conditions—delayed or inadequate interventions, like administering medications to delay labor, can result in a premature birth.

For example, a case might involve a doctor failing to properly diagnose a urinary tract infection (UTI) in a pregnant woman, which can lead to premature labor. Another example could be a delay in administering steroids to help accelerate lung development in an early delivery, leading to respiratory issues for the baby.

If you suspect that medical negligence contributed to your baby’s premature birth, it's important to consult with an attorney to determine if you have grounds for premature delivery lawsuits. A thorough investigation can help determine if proper care was not provided, leading to the early birth and potential long-term health complications.

Frequently Asked Questions (FAQ)

• What are the signs of premature labor? Premature labor can start with contractions that occur before 37 weeks of pregnancy. Symptoms may include regular contractions, lower back pain, pelvic pressure, or changes in vaginal discharge. If you experience any of these signs, contact your healthcare provider immediately.
• Can medical negligence cause a premature birth? Yes, medical negligence can contribute to premature birth. Some examples include failing to monitor the mother's health for complications like preeclampsia or infections, not addressing high-risk conditions, or delaying necessary interventions during labor. If you believe negligence played a role in your premature delivery, consulting with a lawyer can help you explore your legal options.
• What long-term complications can premature babies face? Premature babies can experience a range of long-term complications depending on how early they were born. These can include developmental delays, cerebral palsy, chronic lung disease, hearing and vision impairments, and gastrointestinal issues. Early medical intervention can help manage some of these challenges, but some complications may require ongoing care.

Was Malpractice Involved?

Of course, there are instances where a premature delivery has nothing to do with malpractice. Birth injuries also occur in spite of a doctor’s best efforts to provide excellent care. What we are concerned with are incidents when a doctor, nurse, or other healthcare professional involved in prenatal care, labor, or delivery fails to provide an accepted standard of care.

With premature deliveries, substandard medical care may be linked to the early delivery in the first place, or it may be associated with injuries the premature baby experiences during or after birth. An example may be failing to diagnose severe jaundice, which could lead to brain damage as a result of a condition called kernicterus. Another example may be a failure to diagnose and treat an infection in a pregnant mother, resulting in preterm delivery.

By investigating the circumstances surrounding your child’s premature delivery, Queens birth injury lawyer David Kates can determine whether you have grounds for a valid medical malpractice case.

Find out more by calling (718) 866-3664 or contacting us online.