Common Obstetric Malpractice Claims Attorneys Should Know
Obstetrics is one of the most high-risk areas in medicine—and unfortunately, also one of the most frequently litigated. Attorneys handling medical malpractice, birth injury, or wrongful death cases must be well-versed in the unique legal and clinical nuances surrounding obstetric care.
At Lexcura Summit, we help attorneys navigate these challenging cases by providing expert medical-legal analysis, from record reviews to life care plans and expert witness preparation. Below, we outline some of the most common obstetric malpractice claims attorneys encounter in litigation.
1. Delayed Cesarean Section (C-Section)
A delayed or improperly timed C-section can lead to catastrophic outcomes, including brain injury or fetal death. These cases often hinge on the interpretation of electronic fetal monitoring (EFM) and whether the standard of care was breached by failing to intervene promptly.
Legal Focus: Attorneys must obtain and analyze fetal monitoring strips, delivery records, and OB progress notes to determine if signs of fetal distress were missed.
2. Failure to Monitor Fetal Distress
Continuous fetal monitoring is critical during labor and delivery. When clinicians miss signs of hypoxia, bradycardia, or variable decelerations, the infant may suffer preventable birth injuries, including hypoxic-ischemic encephalopathy (HIE).
Legal Focus: Documentation related to fetal heart rate, nursing notes, and OB interventions must be carefully examined by a medical-legal expert.
3. Improper Use of Delivery Instruments
Forceps or vacuum extractors, when improperly used, can cause trauma such as skull fractures, brachial plexus injuries, or intracranial hemorrhage. Malpractice may occur when these tools are used without indication or by untrained hands.
Legal Focus: Reviewing operative delivery documentation, training logs, and decision-making timelines is crucial.
4. Failure to Manage High-Risk Pregnancies
Conditions like preeclampsia, gestational diabetes, or placenta previa require vigilant monitoring and timely intervention. Mismanagement can result in maternal complications, fetal injury, or death.
Legal Focus: Antenatal care records, lab results, and prenatal visit documentation are essential to establish deviations from the standard of care.
5. Inadequate Informed Consent
Patients must be made aware of the risks associated with labor induction, VBAC (vaginal birth after cesarean), or refusing a C-section. Failure to properly inform the patient can lead to legal liability—even if the outcome isn’t adverse.
Legal Focus: Signed consent forms, patient education logs, and provider documentation are essential for evaluating informed consent claims.
6. Medication Errors During Labor
Administering incorrect dosages of Pitocin (oxytocin), magnesium sulfate, or pain medications can lead to uterine rupture, respiratory depression in the newborn, or maternal complications.
Legal Focus: Pharmacy records, medication administration logs, and nursing flow sheets must be reviewed to uncover negligence.
How Lexcura Summit Supports OB/GYN Malpractice Cases
Our team of over 200 licensed medical professionals provides:
✅ Medical Chronologies
✅ Expert Record Review
✅ Life Care Plans for Birth Injuries
✅ Expert Witness Preparation
✅ 7-Day Turnaround
✅ Nationwide HIPAA-Compliant Services
We help attorneys clarify medical facts, identify red flags, and build stronger cases—whether for plaintiffs or defendants.
Get Expert Support for Your Obstetric Malpractice Case
📞 Call us at 352-703-0703
🌐 Visit www.lexcura-summit.com
