Legal Considerations for Birth Injuries Caused by Premature Delivery

Babies that are premature, especially those who are born extremely early, usually develop complex medical issues and face multiple challenges, such as a heightened risk of birth injuries, including permanent brain damage. These injuries are often a source of emotional anguish along with severe economic hardship, particularly when the injuries were preventable and only occurred due to medical negligence. 

Infants who are born prior to 37 weeks of gestation are considered premature. A standard pregnancy lasts around 40 weeks. The March of Dimes reports that every year in the United States, an estimated 450,000 infants are born pre-term. Pre-term timelines, as identified by the Mayo Clinic, are:  

• Late Preterm: Born after 34 to 36 full weeks of gestation
• Moderately Preterm: Born after 32 to 34 full weeks of gestation
• Very Preterm: Born after fewer than 32 full weeks of gestation
• Extremely Preterm: Born on or before 25 full weeks of gestation

The earlier an infant is born, the greater their risk of severe complications; although some babies do manage to survive ex-utero after as few as 24 weeks of gestation, their young lives may be fraught with difficulties. Additionally, their parents are unlikely to be prepared for the early arrival of their son or daughter, adding to the stress.  

A baby can experience premature delivery for numerous reasons. In some instances, medical negligence could be a contributing factor. When a newborn is born pre-term due to a physician’s negligence, that physician can be named in a medical malpractice lawsuit and held liable for the damages incurred by the new mother and her child. If you think your child has been a victim of medical negligence, contact a Dallas birth injury attorney as soon as possible. 

What Causes a Premature Birth?

The exact causes of preterm labor have yet to be fully understood. There are, however, a multitude of risk factors that could increase the odds of premature birth. Expectant mothers who are the most at risk of going into labor early are those who have: 

• Multiple births
• Experienced premature labor before
• Cervical abnormalities, like an ineffectual cervix
• Problems with their uterus, like an infection
• Bacterial vaginosis and other genital infections
• Infection of the amniotic fluid
• Untreated UTI
• Complications with the pregnancy, such as excessive amniotic fluid, preeclampsia, or excessive amniotic fluid
• Placental abruption or placenta previa in the process of occurring
• Sexually transmitted disease
• Vaginal bleeding with no apparent cause at 20 weeks of gestation or more 
• Blood clotting disorders
• Renal disease

Expectant mothers also face higher odds of preterm delivery if they are vastly underweight or overweight, have had more than one first-trimester abortion or one or more second-trimester abortions, or if less than nine months pass between giving birth and getting pregnant again.  

For any woman with one or a combination of these risk factors, close medical monitoring is essential in knowing to take action if you begin to exhibit the symptoms of premature labor. 

What Are the Symptoms of Pre-Term Delivery?

If you think you are experiencing premature labor, you need to go to the emergency room. In some instances, pre-term labor can be controlled and prevented. This could allow for the administration of steroids that will accelerate the baby’s development or allow the infant to be carried to term. If premature labor is not able to be stopped, the birth needs to happen in a medical facility that is capable of providing proper care for pre-term babies.

Some signs that indicate a woman could potentially be experiencing premature labor are:

• Uterine contractions less than 10 minutes apart
• Tightness or a persistent, dull ache in the lower back 
• Abdominal cramps, menstrual cramps, or gas-like cramps in the lower belly
• Vaginal bleeding
• Pressure in the pelvis or vagina
• Fluid leaking from the vagina or increased vaginal discharge 
• Diminished fetal movement

If you exhibit any of these symptoms, your obstetrician needs to take immediate action.

Premature Delivery and Medical Malpractice

Doctors, nurses, and other medical professionals are required to uphold the medical standard of care for both mothers and their babies during pregnancy, labor, and delivery. Sadly, there are some cases in which a medical professional fails to meet this obligation. This failure could cause or contribute to pre-term birth or result in improper care after a premature delivery.

For instance, a doctor could commit medical negligence by failing to:

• Identify the symptoms of premature labor
• Order a mother to be on bed rest after she has been determined to be at risk of pre-term labor
• Appropriately treat an ineffectual cervix with stitches
• Prescribe injections of steroids to speed up the baby’s lung and brain development
• Prescribe appropriate medicines to slow or stop premature labor.

These are just a few examples of ways in which medical negligence can cause or contribute to premature delivery. To find out if your doctor was responsible for your baby’s premature birth, you have to determine what a reasonably competent physician would have done in the same or similar circumstances. If a reasonably competent doctor with similar education, training, and experience would have diagnosed premature labor properly, but your physician failed to do so, then they could be held accountable for any damages arising from or relating to their negligence. 

What Complications Can Be Caused By Premature Delivery?

Which complications a pre-term infant will experience and to what extent will hinge mainly on how early in the gestation process the infant was born. It will also depend on whether or not any actions, such as the administration of steroids, were taken to expedite the baby’s development. Infants born earlier than 24 weeks are not expected to survive. However, those born after 24 weeks could potentially survive with appropriate medical intervention. Typically, infants born later than 24 weeks but before 40 weeks are likely to experience considerable medical complications, such as:

• Cerebral palsy
• Developmental delays
• Loss of hearing
• Loss of vision
• Respiratory issues
• Jaundice
• Digestive issues
• Death

All of these birth injuries are potentially preventable, provided that a physician takes proper steps to recognize and respond to premature labor.

Was Your Child Born Prematurely?

If you are the parent of a baby with birth injuries, you deserve answers.  The best way to establish if you have a legitimate birth injury case is to meet with a lawyer who specializes in birth injuries. The Dallas birth injury lawyers at Rasansky Law Firm are committed professionals. We can review your medical records, and if we feel a member of your birthing team was negligent, we will bring a lawsuit against liable parties and work to ensure that you and your baby receive maximum financial compensation. Call us at (214) 651-6100 to schedule your free consultation.