STILLBORN BABIES AND MEDICAL MALPRACTICE

After many months of planning, preparation, and excitement, nothing is more devastating than the loss of your newborn child. A stillborn baby is a child born without any signs of life—a severe loss that leads to emotional and mental anguish for both parents. Along with overwhelming grief and sadness, you may also be wondering why your baby died and whether it could have been prevented.

While the causes of some stillbirths are unknown and untraceable, some fetal deaths are the result of medical malpractice. In other words, a healthcare practitioner made an egregious error that led to your child’s death.

Complications that may lead to fetal death

Your loss may be traced back to complications during pregnancy. For example, certain maternal infections or disease, including hypertension, diabetes, or high blood pressure, could place the infant at risk. Obesity, older maternal age, and the mother’s habits (smoking, drinking, or drug use), also increase the chance of a stillbirth. Your doctor should help you identify these risks and adequately control them.

Otherwise, there may have been complications during labor and delivery that the physician failed to address, such as:

• Signs of prenatal diabetes or hypertension
• Signs of fetal distress
• Placental abruption
• Structural abnormalities
• Placental disease
• Umbilical cord abnormalities

Preterm babies and multiple gestation (e.g. twins or triplets) can also increase the chance of a stillbirth. To address complications, doctors may perform an emergency C-section or use delivery tools, such as a vacuum extractor. In any event, a well-qualified, seasoned OB/GYN should be prepared to handle any and all complications.

Stillbirth and a medical malpractice claim

For a medical malpractice claim to be successful, you must show that you (or in this case, your child) were caused actual harm by a medical mistake. First, you must provide evidence that the doctor in question was your child’s treating physician. This means that the physician owed you and your child a duty of care, and treatment should have met an acceptable medical standard.

Next, you and your attorney must prove that the doctor did not meet that standard of care. For example, the physician did not respond to your condition correctively, did not provide a safe facility for birth, or failed to identify risk factors, such as umbilical cord abnormalities. Finally, you need to show that you (and your child) suffered real harm as a direct result of the negligent act(s).

Our Maryland and Washington D.C. wrongful death attorneys fight for justice

The experienced, award-winning lawyers of Schochor, Federico and Staton, P.A. work with medical experts and a team of legal professionals to build a strong case against negligent healthcare practitioners. We understand this is the most difficult time in your life. You need to focus on grieving and healing from your devastating loss. Let our firm take care of fighting for legal justice on your behalf.

To speak with an attorney in either our Washington D.C. or Baltimore office, call 410-234-1000 right away.

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