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Racial disparities can lead to medical malpractice

On Behalf of | Jan 16, 2023 | Doctor Errors, Personal Injury

The story is all too familiar to patients of color. They try to tell their New Jersey doctors that something doesn’t feel right with their pregnancies or they are experiencing worrying symptoms involving another issue, but their concerns are dismissed out of hand. Then, when the time comes to give birth, the baby is stillborn or suffers from conditions threatening its life.

Recognizing racial disparities in health care

Various studies in the past few years have outlined how pregnant women’s fears are often dismissed by their doctors, especially when their baby’s movements slow or stop altogether. Ignoring such concerns can end up as medical malpractice cases if the plaintiff can prove that earlier action would have saved the life of the baby. One 2019 study reported a disturbing number of patients reporting their healthcare providers ignored their concerns, with pregnant women of color twice as likely to face such mistreatment.

More than 200,000 stillbirths occur annually in the United States, with the rate higher among black women. A 2020 Centers for Disease Control and Prevention report indicated several factors illustrate the racial disparities, including the patient’s health, socioeconomic status and access to quality healthcare. It also suggested that institutional bias and racism play a role in stillbirths. The American College of Obstetricians and Gynecologists has acknowledged the disparity and has tried to eliminate racial inequities through policy, training, guidance and advocacy.

Underlying bias can result in medical malpractice

Patients inherently trust their doctors to give them the best possible medical care. Some medical professionals may not be away that they are engaging in racism and institutional bias when administering care, yet those actions can become a form of medical negligence that result in injuries or death.

Not listening to patient concerns is a form of negligence that can lead to missed or misdiagnoses. When you have suffered as a result of a medical professional’s negligence, you have the right to file a lawsuit seeking damages and monetary compensation. While nothing can bring back a stillborn baby, medical professionals should still be held accountable for failing to listen to you.

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