The birth of a child is supposed to be a fantastic event, filled with joy. Unfortunately, medical complications can turn the birth of a child into a heartbreaking and tragic one. In many cases, the stillbirth of a child is caused by complications out of your doctor’s control. However, when the death of a child could have been prevented, or your doctor’s negligence caused it, you could be the victim of medical malpractice.
The Law Offices of Randolph Rice have represented those harmed by medical professionals for decades. Our Maryland attorney for infant deaths during childbirth has years of experience handling complicated medical malpractice lawsuits. While no money can replace the loss of a child, it could provide a sense of justice. Call our law offices at (410) 694-7291 to schedule a free consultation.
Common Causes of the Deaths of Infants During Childbirth in Maryland
While pregnancy and childbirth might seem commonplace and safe, many potential complications could endanger the growing fetus. When your medical providers are negligent during your pregnancy or during delivery, their actions could result in the death of your child. Unfortunately, not every stillbirth is preventable, despite the best medical intervention. However, many are. When your doctor or nurse fails to diagnose or recognize signs of fetal distress, they could be held accountable should your child die during childbirth.
Failure to Monitor Pregnancy Appropriately
A doctor should monitor all aspects of your pregnancy. When inherent risks exist, such as obesity, an active infection, or a diet or lifestyle that poses increased risks to the pregnancy, your doctor should actively monitor your medical health and provide information on proper nutrition. A failure to provide adequate care during your pregnancy could result in the death of your fetus and a medical malpractice claim against your treating physician.
Often, timely, professional care is necessary to ensure the health and safety of your child. When healthcare professionals fail to provide reasonable medical care during your pregnancy, the risk of serious complications increases.
Obstetric complications, such as multiple gestation or premature birth, can result in the death of your fetus if not correctly handled. Placental disease presents a serious risk to your unborn child if not treated.
Complications with the umbilical cord could risk the health and life of an unborn child if they go undetected. The umbilical cord is the lifeline between the mother and the fetus, delivering necessary nutrients and oxygen to the developing baby. Cord prolapse occurs when the umbilical cord wraps around the baby’s neck, suffocating the child. If this happens, immediate and appropriate medical action is often required to save the life of the child. When doctors fail to recognize the symptoms of cord prolapse or fail to take appropriate measures to treat it and protect the health of the fetus, their conduct could constitute medical malpractice.
A cesarean section is sometimes necessary to protect the life of both the mother and the child when complications during the delivery arise. A child could die during birth if a c-section is not ordered when required. Furthermore, if it is delayed, either through the negligent conduct of the obstetrician or the medical staff of the facility, your child could suffer a fatal birth injury.
Medical malpractice can result in the death of a child during birth if the treating doctor negligently prescribes medication that is harmful to the fetus during the mother’s pregnancy.
Who Is Liable for the Death of an Infant During Childbirth in Maryland?
When a doctor or other medical professional deviates from the standard of medical care, resulting in the death of a child during birth, their conduct could be negligent and give rise to a medical malpractice lawsuit.
To prove medical malpractice, our Maryland birth injury attorney will have to establish four elements. First, it must be shown that the doctor, medical professional, or medical facility owed the mother and unborn child a duty of care. If a doctor is treating you during your pregnancy, they have a duty to ensure your health and the health of your expected child. This element is typically not difficult to prove.
Next, we must demonstrate that there was a breach of the duty of care. This means that the doctor or medical professional acted in such a manner that they deviated from what another, similarly trained professional would have done under the same circumstances. To show this, our Maryland attorney will often turn to expert medical opinion to establish what should have occurred. When a medical facility or hospital is involved, this usually means proving that their protocols or systems did not meet the same standards as other facilities —for instance, not having the equipment or a system established to perform an emergency c-section could constitute negligence on the part of a hospital.
The breach or deviation of the standard of care must have harmed your child. In some cases, no matter what medical intervention occurred, the death of your child could not have been prevented. In this situation, even if the doctor’s conduct was questionable, their actions did not cause the death. However, where proper medical attention would have prevented the death of your child, the doctor could be held liable if they failed to take appropriate measures.
The final element is proving actual and quantifiable damages. In the case of the death of a child, there are certain damages associated with the emotional and mental distress the parents suffer. Our Maryland attorneys will work to determine a justifiable amount of compensation to seek.
Call Our Maryland Attorney for Infant Deaths During Childbirth to Schedule a Free Consultation
When a joyous event such as childbirth turns into a tragedy because of the negligent conduct of your doctor, the medical staff, or the medical facility where you gave birth, you should be compensated for the harm you suffered. Our Maryland attorney for infant deaths during childbirth is sympathetic to the pain you are experiencing and hopes to help bring about some sense of justice. Call the Law Offices of Randolph Rice at (410) 694-7291, to schedule a free consultation.