Losing a child at any age is catastrophic for a family, and losing a child during childbirth is no exception. There are many complications that can occur during childbirth, many of which can become fatal for the child. If you suffered a loss because of complications that should have been avoided or detected earlier by the medical team, then those complications might constitute birth injuries and medical malpractice that you can file a medical malpractice lawsuit for.
Call the Maryland attorneys for fetal death from childbirth complications at Rice, Murtha & Psoras. Our attorneys work to help families dealing with loss get the justice they deserve through lawsuits that can help them seek compensation for medical bills and other damages. For a free legal consultation, call our law offices today at (410) 694-7291.
Suing for Wrongful Death After Fatal Childbirth Complications in Maryland
There are many different types of complications that can occur during childbirth. Babies can be born from the breech position, potentially causing issues with oxygenation and producing injuries during the delivery. Fetuses can also get their umbilical cord wrapped around their neck, potentially requiring a C-section or leading to brain injuries from reduced oxygen. Many of these complications are expected, but if the doctor fails to detect the issue or fails to properly respond to the complication, any injuries or deaths that this causes could be the doctor’s fault. This can allow you to file a medical malpractice lawsuit or wrongful death lawsuit.
Medical malpractice lawsuits for childbirth complications are not based on the fact that there were complications, but rather the fact that the doctor made some mistake or error in treatment. Complications are unavoidable in some cases, but if the doctor does not work reasonably to detect the issue or responds in an unreasonable manner, their care could fall below the accepted “standard of care.” Other doctors can be called as expert witnesses at trial to analyze the doctor’s performance and determine whether the treatment failed to meet this standard.
If the doctor’s mistakes and errors resulted in your child’s death, then the doctor could be sued for wrongful death. Wrongful death lawsuits in Maryland for fatal childbirth complications can be filed by the parents to seek damages related to the death. This can include compensation for end-of-life medical care that took place after the errors. You can also get compensation for the loss of a loved one, which can be calculated with respect to many things, including the grief and emotional distress you face as a parent.
Types of Deadly Birth Complications that Can Occur During Delivery
There are many kinds of complications that can occur and put a baby’s life in danger during delivery. These can be broken down into three categories based on how the complication came about: issues with oxygenation, physical injuries, and medical mistakes.
Complications with Oxygen Flow
While in utero, babies get oxygen through the umbilical cord. Once they are delivered, their lungs and airway are cleared and they start breathing on their own. While still in the womb, there are many ways oxygen flow could be affected: the umbilical cord could be wrapped around the neck or compressed, cutting off the flow of oxygen; the baby could stay in the womb too long and suffocate; malformations could cause difficulty breathing or problems with oxygen flow. If a condition like an umbilical cord wrapped around the neck goes undetected when the doctor should have caught it, any further complications or death could be the doctor’s fault. Complications like that or complications that would leave the baby in the womb too long can often be corrected with emergency C-sections to get the baby out faster.
If a doctor fails to take steps to alleviate these issues, that could constitute negligence. Many times, there is nothing to be done about birth defects or malformations, but a doctor should act appropriately to alleviate complications or else put the baby’s life at risk. If the baby does not get proper oxygenation in the womb, they could suffer hypoxic ischemic shock or other complications that cause possible death or permanent brain damage. These issues also often result in cerebral palsy and other disorders.
Many birth injuries stem from the forces involved in pushing a child through the birth canal. However, doctors are also sometimes responsible for injuries. This could come from negligent coaching if the doctor tells the mother to push too hard or at the wrong times, causing unnecessary injury. Injuries could also come from complications involving bad positioning that cramp the baby’s nerves or damage soft tissue. However, many injuries come from mistakes during delivery, like unnecessary use of forceps or use of excessive force by the doctor. Even mistakes like dropping the baby could constitute negligence.
Other mistakes and issues with the care you and your baby receive could lead to fetal death if the doctor does not properly intervene. For instance, doctors should be able to determine the baby’s positioning in the womb, and they should know that complications are more likely if the baby is in breech position. Failing to order testing, imaging, or emergency procedures to discover complications could constitute negligence. If there are unavoidable complications, failing to order proper tests or procedures to treat the condition could also constitute negligence. If such medical mistakes result in the baby’s death, that could be the doctor’s fault.
Call Our Lawyers for Childbirth Complications Leading to Fetal Death in Maryland
If your child died during childbirth because of complications that could have been avoided or handled better, talk to a lawyer immediately. Rice, Murtha & Psoras’ Maryland birth injury attorneys for fetal death from childbirth complications represent families who have lost a child during childbirth and fight to help them get the compensation they deserve from negligent doctors and hospitals. For a free consultation on your case, call our lawyers today at (410) 694-7291.