Failure to Diagnose in Utero: What It Means for You and Your Baby

During pregnancy, parents rely on doctors to monitor the health of both mother and baby. But when something critical goes undetected, it can lead to severe, life-altering conditions. Missed diagnoses can result in birth defects or developmental delays. Though overwhelming, understanding what went wrong—and what steps to take—can help you make informed decisions.

What Is Failure to Diagnose in Utero?

Failure to diagnose in utero happens when a healthcare provider doesn’t detect a condition that should have been identified during pregnancy. These undiagnosed conditions can lead to serious health issues for the baby and place emotional and financial strain on the family.

In some cases, missed diagnoses may give rise to wrongful birth claims, which occur when parents argue that had they been properly informed about their baby’s condition, they would have made different choices regarding the pregnancy. Understanding causation in medical negligence is critical when determining if a missed diagnosis led to harm.

Common Examples of Failure to Diagnose in Utero

1. Failure to Diagnose Brain Abnormalities

Some conditions, like agenesis of the corpus callosum (when the brain’s hemispheres don’t connect) or absent septum pellucidum (a missing membrane), can cause developmental delays. Early detection through scans is crucial for planning early interventions.

2. Failure to Diagnose Fetal Distress and Cerebral Palsy

If a baby doesn’t get enough oxygen during labour, it can result in hypoxia (lack of oxygen) or ischemia (restricted blood flow). These issues can cause severe brain damage, leading to cerebral palsy, a condition affecting movement and muscle control. Missed fetal distress can mean preventable disabilities—a breach of the healthcare provider’s duty of care.

3. Failure to Diagnose Fetal Growth Restriction (FGR)

Fetal Growth Restriction (FGR) when a baby doesn’t grow at the expected rate. It can lead to complications like low birth weight and developmental delays. Regular ultrasounds usually detect FGR. When FGR is missed, it may be considered negligence if it results in preventable complications.

4. Failure to Diagnose Down Syndrome (Trisomy 21)

Down Syndrome can be detected through prenatal tests like nuchal translucency scans or amniocentesis. Early detection allows parents to plan for their child’s specific needs, such as managing heart defects or intellectual disabilities. Missing this diagnosis denies families the chance to make informed decisions and may lead to significant economic loss.

5. Failure to Diagnose Birth Defects

Detecting birth defects, such as spina bifida or heart defects, is vital. Routine tests like ultrasounds and blood screenings can catch these early, allowing for better management after birth.

6. Failure to Diagnose Global Developmental Delay

Global developmental delay refers to delays in two or more areas of development, such as motor skills or speech. Early diagnosis helps families access therapies that support the child's growth.

7. Failure to Diagnose Premature Labour

Premature labour, when contractions start before 37 weeks, can lead to health risks for the baby. If doctors miss the signs and send the mother home, preventable complications may arise.

Other Common Failures to Diagnose

Failing to detect infections or gestational diabetes
Missing signs of preeclampsia or placental issues
Overlooking fetal distress or breech birth risks

Explore our blog for more insights into medical negligence and related topics.

Taking Legal Action for Failure to Diagnose in Utero

When a healthcare provider fails to diagnose a serious condition in utero, the family may be entitled to damages. These damages aim to provide financial compensation for the hardships caused by the failure to diagnose.

Damages in failure to diagnose can include compensation for:

Medical expenses: Covering costs related to surgeries, treatments and ongoing medical care for the child. Learn how to calculate expenses from medical negligence.
Therapy and rehabilitation: Costs associated with physical therapy, speech therapy and other rehabilitation services.
Special education and care: Financial support for special schooling, home care, or nursing assistance.
Emotional distress: Compensation for the emotional and psychological toll on the parents and family.
Lost wages: If a parent has to stop working or reduce their hours to care for the child, compensation for lost income may also be awarded.

Understanding damages in medical negligence can help you evaluate your legal claim.

Steps to Take If You Suspect a Failure to Diagnose

1. Request Your Medical Records

These records will help you understand whether a diagnosis was missed.

2. Consult a Birth Injury Lawyer

A lawyer can review your case, confirm if negligence occurred and guide you through seeking compensation. They can also help you calculate gratuitous care and pain and suffering.

How We Can Help

At Birth Trauma Law, we specialise in handling medical negligence claims related to missed diagnoses during pregnancy. Our team understands the complexities of these cases and is dedicated to securing the compensation you deserve for your child’s care.

With our no-win, no-fee service, you don’t have to worry about legal costs unless we successfully win your case. We’ll work tirelessly to help you hold the responsible parties accountable and ensure your family receives the financial support needed for your child’s medical care and long-term well-being.

Contact Us Today

If your baby was affected by a failure to diagnose during pregnancy, you may be entitled to compensation for medical expenses, ongoing care and emotional damages. Contact us today to discuss your case and learn how we can help you seek justice for your family.

For more information, visit our FAQs or explore additional resources on Birth Trauma Law.