Maternal Infections

When many people think of birth injuries, images of doctors being too rough or committing errors during delivery may come to mind. However, not all birth injuries happen in the delivery room. A newborn can also suffer birth injuries from certain infections the baby’s mother had during pregnancy.Even if your child’s birth injuries are due to a maternal infection, you may still have the right to file a medical malpractice claim in Colorado. Your doctor’s duty of care does not begin and end in the delivery room. If you developed a maternal infection due to negligent care from a doctor, a birth injury lawsuit may be the right path forward.

Bachus & Schanker Wins – Over $1 Billion Recovered

Common Maternal Infections That Can Lead To Birth Injuries

Not every illness that a mother endures will cause harm to her baby. However, your doctor should monitor you throughout your pregnancy for signs of disease and infection. Some common examples of maternal infections that can injure a baby include the following:

Urinary Tract Infection And Chorioamnionitis 

A common urinary tract infection (UTI) can be caused by one of several bacteria. Pregnant women are more susceptible to UTIs than others due to changes in their bodies. As a fetus grows, the uterus can press on a woman’s urethra and restrict the emptying of urine from the bladder. This creates conditions that can lead to a UTI.

Urinary tract infections are routinely treated with a course of antibiotics. However, if your UTI develops into chorioamnionitis, your baby’s health can be endangered. This condition is an infection of the amniotic sac and the fluid that surrounds your fetus. If not addressed promptly, a child can develop meningitis or sepsis.

Hepatitis B

Hepatitis B (HBV) is a viral liver infection. It can be chronic — lasting for months or longer — and lead to cirrhosis of the liver, cancer, and liver failure. This virus can then be transmitted to your child during delivery, requiring your child to receive several shots to prevent an infection from setting in.

If your child does not receive the necessary treatment quickly enough, they can also develop an HBV infection. This puts your child at risk of many of the same health complications, including liver damage and cancer.

Listeriosis

Listeria bacteria are commonly responsible for food poisoning after eating raw and other types of foods. In many cases, symptoms associated with listeriosis are mild and resolve on their own. However, not only are pregnant women more likely to contract listeriosis, but such an infection can lead to health complications for their babies.

A newborn who contracts listeriosis from their mother is at risk of meningitis, brain damage, and sepsis.

Chickenpox

The varicella-zoster virus causes chickenpox, a variation of the herpes virus. The infection is characterized by itchy red blisters on the skin. Over 95% of Americans have had chickenpox, and many cases occur during early childhood. Adults who did not develop chickenpox as children can get immunized to protect against later infection.

If a mother develops chickenpox early in her pregnancy, the child may develop congenital varicella syndrome. This condition can lead to:

  • Blindness
  • Seizures
  • Intellectual impairments
  • Eye damage
  • Neurological disorders
  • Other complications and impairments

Should the mother develop a chickenpox infection just before delivery, the child may be born with neonatal varicella. This condition can lead to pneumonia and other health risks.

Rubella

Thanks to widespread vaccinations, rubella is extremely rare in the United States. Fewer than ten people a year in the U.S. contract rubella. However, there can be significant birth complications if a pregnant woman contracts rubella. 

Complications from rubella infection in a newborn include congenital heart disease, organ damage, brain damage, and hearing and vision difficulties.

Liability For Birth Injuries Related To Maternal Infections

Doctors can endanger both a mother and her infant if they don’t respond to maternal infections appropriately. Some common examples of medical malpractice relating to maternal infections include:

Failure To Diagnose

Pregnant women depend on their doctors to listen to their symptoms and accurately diagnose maternal infections. If a doctor doesn’t listen to a mother’s symptoms or order appropriate diagnostic tests, they can fail to detect bacterial and viral infections in the mother that can endanger the fetus.

Even a delay in diagnosing a condition can jeopardize the child’s health. For example, should an unvaccinated mother contract rubella, she must be vaccinated as early in the pregnancy as possible. The further along she is in her pregnancy when she receives the vaccination, the greater the risk to the child.

Medication Errors

Once a doctor accurately diagnoses your maternal infection, they should start you on an appropriate course of treatment. There are numerous medications available for many maternal infections that are not dangerous for pregnant women. However, there are also medications that can cause significant harm to a baby.

Similarly, certain drugs can interact in harmful ways, even if the drugs themselves are not dangerous. A doctor or pharmacist who does not take the time to review a pregnant woman’s list of medications and conditions may be liable for a malpractice claim.

Inducing Labor Early

In certain situations, the best way to protect a child from the effects of a maternal infection is to induce early labor. This course of action should be thoroughly discussed with the expectant mother, including its potential risks. A doctor may be negligent if they don’t explore less drastic means of addressing the infection first.

Medical Negligence Leads To Legal Liability

In Colorado, medical malpractice can happen when a doctor acts — or fails to act — in a way that harms you or your child. An experienced Denver birth injury lawyer from Bachus & Schanker can review your medical records and other available evidence to determine what legal rights you have.

If no other medical professional in the area would have done what your provider did, then you may have a birth injury malpractice claim. You would have two years from the date you discovered or should have discovered the error to bring legal action. 

Your lawyer can help you meet this filing deadline, gather evidence to support your claim and pursue a fair resolution to your case.

Trust Bachus & Schanker With Your Denver Malpractice Claim

Medical malpractice claims are complicated. To give your case the best chance of success, it’s essential to consult a skilled Denver birth injury lawyer. At Bachus & Schanker, our team has extensive experience in handling these complex lawsuits and can pursue justice on your behalf for the harm you and your child suffered.  

If you suspect your child was harmed because you contracted an infection that was not diagnosed or treated properly, contact Bachus & Schanker to schedule a consultation today.

Citations:

Chickenpox.

Chorioamnionitis. (2022).

Colo. Rev. Stat. § 13-80-102.

Hepatitis B Vaccine. (2019).

Listeria Infection. (2022).

Rubella. (2020).

You Deserve Fair Compensation

Don’t let the insurance companies intimidate you into accepting less than you deserve. We’re ready to fight for you.

A headshot of personal injury attorney, Kyle Bachus.

Written and Legally Reviewed By: Kyle Bachus

Google Logo 4.6 ★★★★★ 1,461 Google Reviews

Kyle is a member of the Colorado Bar associations and has served on the Board of Directors of the Colorado Trial Lawyers Association for more than twenty years in total. Over the years, Kyle has achieved justice for many clients. He has served on numerous committees and repeatedly won recognition from his peers at both the state and national level. He is proud of the role he has played in the passage of state and national legislation to protect consumers and is a frequent speaker and guest lecturer.