Can I Sue If My Doctor Failed to Diagnose Intrauterine Growth Restriction During My Pregnancy?

You may have grounds for legal action if your doctor failed to diagnose IUGR and caused harm. Intrauterine growth restriction (IUGR) is a condition wherein babies inside the womb grow slower than usual. It is associated with fetal morbidity and mortality.[1] Through a medical malpractice claim, all damages may be compensated.

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What is Intrauterine Growth Restriction?

Intrauterine growth restriction is a condition wherein a fetus doesn't grow as expected during pregnancy, regardless of its final birth weight. It's characterized by:[1]

  1. A growth rate below the fetus's potential based on its race and gender
  2. Clinical signs of malnutrition or growth retardation at birth
  3. Deviation from the expected fetal growth pattern during pregnancy

In some literature, IUGR is used interchangeably with the condition Small for Gestational Age (SGA) – but there are some distinct differences. Simply put, SGA refers to babies born weighing less than the 10th percentile for their gestational age. A baby can be diagnosed IUGR even if its weight is above the 10th percentile, as long as it shows signs of inadequate growth or malnutrition. [1]

IUGR is diagnosed based on in-utero growth monitoring and physical examination at birth, rather than just birth weight percentile.

What Causes Fetal Growth Restriction?

IUGR can occur due to a combination of any maternal, placental, fetal, or genetic factors.[1] Let’s examine these factors further.

Maternal Factors include:

  • Maternal age (mothers younger than 16 or older than 35)
  • Lifestyle factors (substance abuse, poor nutrition, high-altitude living, etc.)
  • Medical conditions (hypertension, diabetes, autoimmune disorders, infections, etc.)
  • Pregnancy history (short intervals, previous SGA birth, high parity)
  • Physical factors (low BMI, poor weight gain, heavy physical work)
  • Getting certain medications or assisted reproductive technologies

Placental Factors include:

  • Placental abnormalities (low weight, avascular villi, infarctions)
  • Vascular issues (abnormal uteroplacental vasculature, thrombophilia)
  • Placental dysfunction (preeclampsia, chronic villitis)
  • Cord anomalies (single umbilical artery, velamentous cord insertion)
  • Confined placental mosaicism
  • Multiple gestation
  • Infections and inflammatory conditions

Fetal Factors include:

  • Constitutional small size
  • Chromosomal abnormalities (e.g., trisomies, deletions)
  • Genetic syndromes (e.g., Russell-Silver, Cornelia de Lange)
  • Major congenital anomalies (e.g., heart defects, neural tube defects)
  • Metabolic disorders (e.g., galactosemia, phenylketonuria)

Genetic Factors include:

  • Placental genes – genes that affect how the placenta works, grows, and delivers nutrients
  • Maternal genes – influence blood flow, hormones, and metabolism
  • Fetal genes – affect growth hormones and overall development
  • Hormone imbalances – unusual levels of growth-related hormones in the placenta, mother, or baby
  • Blood flow issues – genetic changes that affect blood circulation in the womb
  • Nutrient transfer problems – genes that impact how nutrients are moved from mother to baby
  • Stress response – genetic factors that alter how the body responds to stress during pregnancy

Given these risk factors, IUGR is typically diagnosed through a combination of methods – ultrasound scans to assess fetal size and growth rate; Doppler studies to evaluate blood flow; and comparing measurements to gestational age-specific growth charts.[1] Additional tests may be performed if IUGR is suspected.

Possible Complications and Long-term Conditions

IUGR is associated with with various birth complications; such as premature birth, low birth weight, neonatal asphyxia, meconium aspiration, hypoglycemia, hypothermia, and polycythemia.[1] These short-term complications can lead to long-term impairments when mismanaged. These impairments include (but are not limited to):

  • Cerebral palsy
  • Severe cognitive disability
  • Heart diseases
  • Chronic kidney failure (may require dialysis or transplantation)
  • Metabolic dysfunction
  • Mental health disorders
  • Death

Early diagnosis is crucial for cases of IUGR, as it effectively streamlines treatment and intervention. Misdiagnoses that lead to birth injuries should be compensated, ensuring that families can recuperate in the best way possible. 

Apart from medical expenses, other economic and non-economic losses are also factored in. Lost income, emotional trauma, and decreased quality of life are some of the more common considerations. For actual compensation figures, please refer to our previous wins.

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Medical Workarounds for IUGR

Doctors can manage IUGR through several approaches. Generally speaking, a hands-on doctor can take the following measures to mitigate the adverse effects of intrauterine growth restriction:

  1. Closely monitoring maternal and fetal health trough ultrasounds and assessments
  2. Improving maternal nutrition and treating underlying conditions
  3. Balancing risks of prematurity (and administering early delivery if needed)
  4. Specialized neonatal care, preempting potential complications
  5. Consistent growth and development monitoring post-birth
  6. Preventive strategies for future pregnancies

If you feel like your medical provider has failed to provide you with adequate care during pregnancy, speak to a medical malpractice specialist to get your case evaluated.

Speak to a Medical Malpractice Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.

Last Updated on 
October 16, 2024
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