Preterm Labor and Developments in Neonatal Care

Neonatal care is the type of care a premature baby receives in a neonatal unit, normally for the first month of life. According to the Centers for Disease Control, approximately 1 in 10 babies are born preterm, meaning born before 37 weeks. Babies born too early have higher rates of death and disability. Preterm babies who survive may have breathing problems, feeding difficulties, vision problems and hearing problems. Preterm births may also take an emotional toll and can be a financial burden for families.

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

While preterm labor may occur despite excellent care by the doctor, in certain cases, it may actually be caused by the negligence of medical professionals, defined as obstetric negligence.

Different states define it in slightly different ways, but the medical standard of care typically refers to the degree of care and skill expected of the average healthcare provider practicing in their specialty, taking into account the available medical knowledge in the field. So, the standard of care is typically based on the hypothetical practices of a reasonably competent health care professional in the same or similar community.

Preterm labor caused by negligence can include failure to monitor maternal health, particularly where conditions such as gestational diabetes and infections are present; improper management of pregnancy complications such as an incompetent cervix; and delayed intervention in high-risk pregnancies.

Here are some specific examples of where a provider may be liable for preterm birth:

• The provider failed to recognize or respond to symptoms of early labor
• The provider failed to administer timely treatments, such as tocolytics or steroids
• The provider delayed a necessary transfer to a hospital with a neonatal intensive care unit
• The provider did not inform the patient of risks or treatment options

Your Orlando medical malpractice attorney or Fort Lauderdale medical malpractice lawyer at Haliczer Pettis & Schwamm can help you understand if your preterm birth may have been caused by medical malpractice.

Elements of a Preterm Medical Malpractice Case

To prevail in a medical malpractice case involving preterm labor, a plaintiff must prove the following:

• The medical professional owed a duty of care to the plaintiff
• The medical professional breached that duty of care
• The breach was the proximate cause of the plaintiff’s injury or injuries
• The injuries are compensable

As to the first element – that the medical professional owed a duty of care to the plaintiff – it is well established that a doctor has a legal and ethical duty to tend to the health and safety of his or her patients.

As to the second element – that the medical professional breached that duty of care – what is required is proof that the physician did not meet the standard of care that would be provided to the patient by other doctors in a similar situation.

To prove the third element—that the proximate cause of the plaintiff’s injury or injuries was caused by the doctor—it is necessary to show that the defendant’s actions were more likely than not to have caused the injury.

The fourth element – that the plaintiff’s injuries are compensable – requires a showing that the injuries are more than de minimis.

If a plaintiff is able to prove these four elements, he or she will be able to recover economic and non-economic damages.

• Economic damages are those out-of-pocket costs incurred, including historic and prospective lost wages, medical expenses, rehabilitation expenses, and the like.
• Non-economic damages include less quantifiable damages such as pain and suffering, infliction of emotional distress, loss of enjoyment of companionship, and similar types of damages.

In certain egregious situations, victims of medical malpractice may qualify for punitive damages. The standard in Florida to obtain punitive damages is gross or intentional negligence, and it is a very rare occurrence.

Developments in Neonatal Care for Preterm Infants

While preterm birth can result in many serious and long-term complications for infants, neonatal care has always been a critical aspect of medical science that necessitates constant innovation and improvement in technology. A number of developments are revolutionizing neonatal care, ensuring better survival rates and improved health outcomes for infants.

• Neonatal Intensive Care Units (NICUs) are increasingly integrating artificial intelligence to enhance care delivery and to analyze vital signs and predict potential complications before they become critical.
• Telemedicine is being used more frequently for neonatal care in normal medical situations, as well as in remote and underserved parts of the United States.
• Remote monitoring technology – such as wearable devices for preterm babies – can track important health measurements and vital signs to healthcare providers.
• Imaging technology has evolved, offering a clearer and more precise view of neonatal physiology and anatomy.

Contact Haliczer Pettis & Schwamm

If you believe that the preterm birth of your baby may have been the result of medical malpractice, we can help you navigate the factual and legal issues and give you a clearer picture of your options. Contact us today for a free consultation with our medical malpractice team.