Medical Malpractice During Pregnancy Guide

What is Medical Malpractice During Pregnancy?

Medical malpractice during pregnancy is any deviation from the accepted standard of medical care in managing pregnancy that causes harm to the mother or fetus. This includes failure to perform necessary tests, misdiagnosis, inadequate treatment, insufficient monitoring, or lack of legal justification for clinical decisions that led to harm.

In Israel, the legal obligation of a physician or medical institution to provide pregnancy care is determined according to tort law and negligence law. To prove medical malpractice, it is necessary to demonstrate that the physician deviated from the accepted standard of care during treatment, and that this deviation directly caused quantifiable harm.

A claim for medical malpractice during pregnancy may relate to various types of damage: fetal harm (difficult birth, disability, fetal death), pregnancy complications (ruptured gestational sac, infection, hemorrhage), or psychological harm to the mother. Each case is examined individually according to specific circumstances, type of harm, and causal relationship.

Types of Medical Malpractice During Pregnancy – Common Examples

1. Failure to Perform Screening and Genetic Tests

Tests such as the Triple Screen, genetic tests, or ultrasound in the first months of pregnancy are critical for detecting fetal abnormalities. When a physician or medical institution fails to offer these tests, does not perform them properly, or does not communicate results accurately, a situation can arise where the mother does not receive vital information for making an informed decision regarding continuing the pregnancy.

2. Failure to Diagnose or Misdiagnosis of Pregnancy Complications

Complications such as gestational diabetes, thrombosis, molar pregnancy, or chorioamnionitis require rapid diagnosis and urgent treatment. Failure to identify symptoms (such as undiagnosed gestational diabetes) or lack of appropriate monitoring can lead to serious complications, difficult birth, or permanent fetal harm.

3. Poor Monitoring During Labor (Fetal Monitoring)

During labor, continuous monitoring of the fetus's heart rate is essential for detecting signs of fetal distress. When a physician fails to perform appropriate monitoring, misinterprets data, or does not use rescue methods (such as emergency cesarean section) in time, permanent harm to the fetus can occur, including cerebral palsy or fetal death.

4. Medication Error or Incorrect Dosage

Certain medications are prohibited during pregnancy because they cause deformities or harm to the fetus. When a physician prescribes a medication prohibited during pregnancy or administers an incorrect dose of a permitted medication, this can lead to significant harm. Example: use of tetracycline or retinoid antibiotics in the first trimester can cause dental or skeletal deformities.

5. Failure to Manage Hereditary Disease Carrier or Infection

When a mother is a carrier of a hereditary disease (such as thalassemia, sickle cell anemia) or when there is an infection (such as rubella or CMV), a physician must provide genetic counseling and appropriate treatment. Failure to do so can lead to the birth of an infant with a serious disease that could have been prevented or reduced in severity.

Types of Damages and Compensation Ranges in Negligence Claims Related to Pregnancy

In a claim for medical negligence during pregnancy, compensation is divided into several categories:

Physical Injury to the Fetus or Newborn

This is the most severe type of damage. If the fetus is injured as a result of medical negligence and is born with permanent disability (such as cerebral palsy, blindness, or hearing problems), the compensation can be very substantial. The compensation is calculated based on the severity of the disability, life expectancy, future medical needs, and loss of earning capacity in the future.

Physical Injury to the Mother

If the mother suffered complications as a result of medical negligence (such as infection, hemorrhage, or damage to internal organs), she is entitled to compensation for the physical injury, medical expenses, and temporary or permanent loss of earning capacity.

Emotional Damage and Suffering

The trauma of a difficult birth, loss of a fetus, or the upbringing of a child with permanent disability causes significant emotional harm. Typically, courts award compensation for emotional suffering in addition to physical damages.

Future Medical Expenses

If the damage is permanent, the compensation includes an assessment of all medical treatments, care, and interventions that will be required in the future. This may include physiotherapy, medication, surgery, or neurological treatment.

Compensation ranges vary significantly depending on the severity of the damage, the age of the child, and life expectancy. In cases of severe permanent disability, compensation can reach tens of millions of shekels. In cases of milder damage or emotional damage only, compensation is typically lower.

Stages of Proof in Medical Negligence Claims Related to Pregnancy

In order to prove medical negligence during pregnancy, it is necessary to establish four legal elements:

1. Existence of Legal Duty

First, it must be proven that the physician or medical institution had a legal duty to provide treatment during pregnancy. This is usually clear — every physician treating a pregnancy has this duty.

2. Deviation from the Accepted Standard of Care

Second, it must be proven that the physician deviated from the accepted standard of care in treating the patient. This requires expert testimony from a specialist physician who will testify that under similar circumstances, a reasonable physician would have acted differently. For example, if the standard of care requires performing a certain test, and the expert opinion indicates that a reasonable physician would have performed it, this constitutes evidence of deviation.

3. Causation

Third, it must be proven that the physician's deviation directly caused the damage. This is sometimes difficult to prove, especially in pregnancy, as there are many factors that can affect the outcome of pregnancy. Quality medical expert opinion is critical at this stage.

4. The Damage Itself

Fourth, the existence and extent of the damage must be proven. This includes medical documentation, tests, medical reports, and opinions from additional experts (such as a neurologist in cases of cerebral palsy).

In medical negligence claims related to pregnancy, the opinion of a specialist physician is the most critical factor. The court relies primarily on this opinion to determine whether there is a basis for the negligence claim.

The Role of Insurance in Medical Negligence Claims

Most medical institutions in Israel are insured with professional liability insurance. When a claim is filed for medical negligence, the institution's insurance typically handles the defense costs and settlements.

Insurance companies often attempt to reject claims or offer compensation that is too low. This is where strong legal representation is essential. An attorney experienced in medical negligence claims knows how to deal with insurance company tactics and can conduct effective negotiations to obtain fair compensation.

Additionally, in cases involving national insurance (when the injured party receives benefits from national insurance), legal coordination is necessary to ensure that the compensation from insurance is not reduced due to national insurance payments that the injured party has already received.

How Mendelboim, Gor, Witzman-Gor & Co. Can Help

Mendelboim, Gor, Witzman-Gor & Co., Attorneys at Law, specializes in representing plaintiffs in tort claims since 2008. We have extensive experience in medical malpractice claims during pregnancy and know how to successfully manage these complex cases.

When you turn to us, we assist you at every stage:

• Free Legal Consultation: At an initial consultation meeting at no cost, we listen to your story, examine your case, and honestly tell you whether there is a legal basis for a claim.
• Evidence Collection: We handle obtaining all necessary medical documentation, tests, and imaging.
• Obtaining Medical Expert Opinion: We work with respected medical experts who will testify regarding deviation from the standard of care and the connection to the damage.
• Negotiation with Insurance: We conduct strong negotiations with insurance companies and medical institutions to achieve fair compensation.
• Court Representation: If necessary, we represent you in court and fight for your rights before the judge.

We understand the trauma of medical malpractice during pregnancy and its impact on your life. Our 18 years of experience representing plaintiffs exclusively allows us to provide you with personal and dedicated attention. We are located in Ramat Gan and also in Petah Tikva, to be close to you.