Gorovitz & Borten, P.C.
Attorneys at Law

550 Cochituate Road, Suite 25
Framingham, Massachusetts
Tel: (781) 890-9095
Obstetrical Errors
Obstetrical errors committed by any one member of the obstetrical team can be
the cause of birth trauma and result in a birth injury that subjects a newborn to
suffer lifelong physical and/or mental limitations and sometimes death.  Although
not all birth injuries are avoidable, those injuries directly attributable to errors
committed by a member of the obstetrical team are usually preventable and the
direct result of medical malpractice (negligence). Obstetrical errors can influence
the outcome of a pregnancy before and during labor.

Over the past few decades, prenatal care includes the fetus as a patient rather
than a passive recipient of medical care to the pregnant woman. In addition to
genetic birth defects, fetal surveillance to ensure a proper intrauterine
environment is the responsibility of the obstetrician or nurse midwife providing
prenatal care to a woman. Prior to labor, obstetrical errors are usually the result
of improper prenatal testing or monitoring. They include:

  • Failure to properly date a pregnancy
  • Failure to provide genetic counseling
  • Failure to assess the estimated weight of the fetus
  • Failure to evaluate for decreased fetal movement in-utero
  • Failure to evaluate preexisting medical problems affecting a pregnancy
  • Failure to assess for postmaturity
  • Failure to ensure the intrauterine well-being of the fetus
  • Failure to refer a high risk obstetrical patient to a specialist   

Obstetrical errors during the third trimester of pregnancy prior to the onset of
labor include:

Obstetrical errors during labor include:

  • Oxygen deprivation to the fetus
  • Failure to provide intrapartum surveillance
  • Mechanical trauma to mother and/or fetus
  • Failure to treat a maternal condition resulting in maternal morbidity and/or
    maternal mortality

Obstetrical ultrasound during the third trimester of pregnancy is the single most
valuable test to identify structural anomalies, abnormal growth patterns,
estimating accurate gestational age and assessing fetal well-being (movement,
respiratory movements, amniotic fluid volume).

If the child's injury was the result of intrauterine fetal hypoxia (asphyxia or birth
trauma), that was diagnosable, avoidable and preventable, you may have a valid
cause of action. The injury may be the result of a medical provider's mistake in
handling an obstetrical condition. Your child and you as parents of the child are
entitled to receive compensation. If your child's condition was the result of
medical negligence, allow
Dr. Borten and the Boston area medical malpractice
attorneys at Gorovitz & Borten help you assert your rights and get the
compensation you deserve.
Contact Information
For a free confidential consultation and receive a response within 24 hours (when
possible), please contact us by phone, fax or e-mail with your question or

Telephone:  781-890-9095     -     Fax:   781-890-9098
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