The key concern at issue when determining whether a placental abruption results from medical negligence is whether the health care provider in question failed to meet the accepted standard of care. Doctors and nurses are trained to recognize signs of placental abruption, especially in higher-risk pregnancies. Warning signs can include vaginal bleeding, abdominal pain, rapid uterine contractions and fetal distress. If a provider fails to monitor these symptoms or dismisses them as normal pregnancy discomfort, they may miss an opportunity to intervene early and prevent harm.

Abruptions happen, and sometimes they are legally actionable

Some placental abruptions develop suddenly and may not be preventable, even with the best medical care. However, there are known risk factors that call for heightened vigilance. These include maternal high blood pressure, trauma (such as from a car accident), smoking, cocaine use, previous history of abruption and premature rupture of membranes. When these risks are present, providers are expected to monitor more closely and act swiftly if complications arise.

Malpractice may also be at issue if a proper response to an abruption is delayed or mishandled. Once an abruption is suspected or diagnosed, immediate evaluation and often emergency delivery are necessary. A delay in ordering diagnostic tests, contacting an obstetrician and/or arranging for an emergency cesarean section can lead to severe consequences, including stillbirth, brain injury due to oxygen deprivation or maternal hemorrhage.

Medical malpractice cases involving placental abruption are complex. They require expert review of medical records, fetal monitoring strips and the timeline of events. Not all adverse outcomes are the result of negligence, but when a doctor or nurse fails to recognize clear signs or respond appropriately, they may potentially be held legally liable for the resulting harm.

Generally speaking, medical professionals have the ability to identify concerning warning signs of issues during labor and the tools necessary to take action to protect both mother and child. Women and their partners generally expect to have better obstetric outcomes when they have a physician attending to them. Unfortunately, that isn’t necessarily what happens. Sometimes healthcare professionals make significant mistakes that cause birth injuries. The following are some of the most common reasons that healthcare providers might be to blame for a birth injury.

Failing to take appropriate action

Birth is largely a natural process that progresses on its own in most circumstances. However, there are scenarios in which the efforts of medical professionals might be the only way to protect both the mother and her unborn child from an adverse outcome. Fetal heart rate monitoring and regular interactions with the mother are typically necessary to monitor the progress of labor. Without proper monitoring, healthcare providers may miss the signs of distress in an unborn child. Their failure to intervene in a timely fashion could potentially contribute to injuries related to fetal distress during labor, like cerebral palsy.

Choosing the wrong interventions

There are numerous types of medical support that labor and delivery professionals can offer in a hospital or birth center. Sometimes, physicians choose the wrong types of medical support. They might give a patient a medication that isn’t appropriate for use during labor or choose an intervention that is too aggressive given the circumstances. The choices that doctors make can end up worsening the situation and causing serious injuries to the mother or her unborn child.

Improperly administering interventions

Even if a doctor chooses the right intervention and knows when they need to react, they could still make a mistake in the process of assisting the birth. For example, a doctor using forceps to assist delivery could potentially cause injuries to an infant’s neck or eyes. Those injuries could have significant medical implications for the child and major costs for the family.

When birth injuries are the result of a medical professional’s mistakes or negligence, the incident may constitute medical malpractice. Filing a malpractice lawsuit could help families cover the costs created by a birth injury under such circumstances.

Birth injuries can occur before, during, and after delivery. Recent statistics reveal that of the 1,000 babies delivered in the U.S., 6.6 of them suffer a birth injury. Birth injury stats from the National Institutes of Health (NIH) cite four out of 10,000 spontaneous vaginal deliveries involve children with birth injuries.

When trusted professionals fall short

The tragedy of birth injuries is that many are entirely avoidable, with countless cases of medical malpractice or errors playing a significant role when professionals fail to do the following:

• Failing to anticipate complications during the birth
• Take care of maternal infections and other health conditions during pregnancy
• Report any level of fetal distress at the time of delivery ranging from oxygen deprivation or abnormal heart rates
• Proactive responses to material/fetal bleeding
• Improper use of equipment, including forceps and vacuum extractors
• Ordering a medically unnecessary cesarean (C) section

More severe and potentially disabling problems can occur as well and include:

• Brachial Plexus injury that results in shoulder dystocia leading to weakness and immobility
• Cerebral Palsy (CP) through poor management of the umbilical cord, placenta, or uterine rupture, reducing functions and resulting in a lifetime of disability
• Hypoxic Ischemic Encephalopathy (HIE) results in brain dysfunction caused by a lack of blood flow or oxygen that can lead to various cognitive impairments
• Spinal cord injuries, particularly in the neck, are far too common in newborns that lead to reduced sensation, spasms, and overall weakness
• Bone fractures, with the collar bone being the most common, resulting in dystocia or breech births

Suspecting a birth injury could be the first step toward calling for an investigation. The complexities and challenges require help from a skilled, experienced attorney and successfully pursuing medical malpractice lawsuits following a tragic and heartbreaking event.

Holding negligent medical professionals accountable is essential to justice and sends a message to negligent healthcare providers.

For every 1,000 babies born in the United States, five will experience harm during birth either from improper use of forceps or a vacuum, or due to an improper medical procedure during delivery. An estimated 3% of all babies have a birth defect or irregularity which may be the result of heredity, the mother’s alcohol or drug intake during pregnancy, or prescribed drugs during pregnancy.

When birth injuries are the result of medical malpractice, it is important for Baltimore-area parents to have the legal resources to determine the best course of action that protects their parental rights and the rights of the baby.

What are the most common birth injuries?

Although babies can suffer from minor injuries during birth, these usually heal on their own. But oxygen deprivation from delayed birth and other birth traumas can cause serious complications that may lead to disability. Some of the most common birth injuries include:

• Cerebral palsy from brain damage before or during birth.
• Erb’s palsy from nerve damage to the shoulders.
• Kernicterus, which is brain damage from untreated severe jaundice.
• Spinal cord injury, from improper use of forceps or vacuum extraction.

Babies who have developed a condition may show telltale signs of birth injury, such as:

• Weak reflexes
• Arched back while crying
• Stiff muscles
• High-pitched crying

Injured babies may experience seizures, and as they grow older, they may miss important developmental stages.

How do you determine the merits of a medical malpractice claim?

When filing a medical malpractice claim, this will involve proving medical negligence on the part of the healthcare provider, hospital, or medical personnel that can occur before, during, or after birth. The injured party must show that the medical professional:

• owed a duty of care to the baby, and in some cases, the mother.
• breached this duty by acting or failing to act as a reasonably competent individual would.
• caused harm to the baby through this breach.

Diagnosing the cause of the birth injury will require expert medical examination and testimony. Being able to establish a clear link between the injury and the caregiver’s actions can also be challenging. It is also important to bear in mind that the statute of limitations for a medical negligence claim for children 11 and older is the lesser of five years from the date of injury or three years from discovery.

1. Poor communication

It is important that pregnant women develop a strong relationship with their OB/GYN. Communication is key, and if a woman has a poor relationship with her OB/GYN, she may be reluctant to report problems. Alternatively, if an OB/GYN does not disclose key medical issues to the expectant mother, this can lead to harm to the mother and fetus.

2. Missed diagnosis

One of the most common reasons a woman may sue her OB/GYN is due to a missed diagnosis. For example, infections during pregnancy can cause complications and birth injuries. The failure to run necessary tests can also lead to a missed diagnosis and subsequent injuries.

3. Making guarantees

OB/GYNs may exaggerate their qualifications and expertise in order to reassure patients that they are in good hands. However, if an OB/GYN tells a patient that nothing will go wrong, it could lead to the cover-up of medical mistakes. This could seriously harm a pregnant mother or the fetus.

4. Failing to obtain the patient’s medical history

When a woman is pregnant, it is important that her OB/GYN obtains a thorough medical history. This includes any medical conditions that could lead to complications, any medications the patient is taking and other physicians the patient is seeing of other medical issues. If an OB/GYN fails to obtain this information, it could lead to mistakes that harm the mother or the fetus.

Learn more about medical malpractice

It is important that OB/GYNs uphold their duty of care towards expectant mothers. Unfortunately, this does not always happen, and mothers or their child could suffer serious injuries due to negligent care. This post is for informational purposes only and does not contain legal advice. Those who want to learn more about medical negligence are encouraged to visit our firm’s website to learn more about their rights and options.

Tests and procedures

After experiencing symptoms that are consistent with an underlying illness, individuals should seek medical care as soon as possible. Depending on the circumstances, physicians may recommend X-rays, MRIs, CAT scans, and other procedures. Physicians may see a shadow on a scan that may be consistent with cancer or other ailments. It is important that doctors properly determine what the cause of a shadow is so that they can rule out serious health concerns.

Second opinions

It is usually important to obtain a second opinion when receiving a diagnosis from a doctor. Physicians may not agree about a diagnosis, and doctors have various levels of experience with certain ailments. To make sure that a patient is receiving the best care, it is important to hear the opinions of as many physicians as possible.

Standard of medical care

If the initial physician did not make a proper diagnosis, patients must prove that the doctor failed to live up to a professional standard of care in order to recover damages. This requires that a patient proves that a reasonable physician in the community should have made the proper diagnosis. Individuals may need to use the testimony of other physicians in order to show that the initial physician was negligent in failing to properly diagnose an illness.

Hire an attorney

An experienced medical malpractice attorney can help patients recover damages against physicians who failed to make the correct diagnosis. Attorneys should know the standards that must be satisfied to pursue a claim and should have connections with experts who can testify on behalf of a client. Medical malpractice claims can be complex, so it is important to hire an experienced medical malpractice attorney to handle your case.