[email protected] | September 20, 2024 | Birth Injuries
NOTE: Our law firm does not handle medical malpractice cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.
Childbirth complications are every mother’s nightmare. Unfortunately, Umbilical cord prolapse is one of the most dangerous complications. It is the baby, not the mother, who is in most danger of an umbilical cord prolapse. If you have experienced this type of childbirth complication, it is important to understand how medical malpractice can occur and what legal steps you should take.
What is Cord Prolapse?
Umbilical cord prolapse happens when the umbilical cord finds its way into the birth canal before the baby does. This cuts off the baby’s oxygen supply–a deadly dangerous situation. Think of it like choking someone or stepping on a hose that provides a scuba diver with oxygen.
The consequences of the deprivation of oxygen for even a couple of minutes can be catastrophic for your baby–permanent brain damage or even death can result. Immediate medical intervention will be crucial to save your baby’s life and prevent brain damage. Failing to deal with umbilical cord prolapse might sometimes constitute medical malpractice, providing grounds for a legal claim.
How Medical Malpractice Can Occur
Medical malpractice occurs when your doctor or other healthcare provider deviates from the appropriate medical standard of care, thereby injuring you or (more likely) your baby. There are several ways that a medical professional might commit medical malpractice in the event of an umbilical cord prolapse:
- Failure to properly monitor your child during labor: Umbilical cord prolapse can occur quickly and without warning. Your doctor should closely monitor your baby for any signs of distress, such as an elevated or irregular heart rate.
- Delaying diagnosis: A resulting delay in medical intervention can be deadly because your baby’s oxygen supply will deplete quickly. Medical staff’s inability to promptly recognize and treat umbilical cord prolapse might result from inadequate training, improper use of diagnostic tools, and a failure to recognize symptoms.
- Improper Response: The danger doesn’t end when your medical team recognizes prolapse. They must treat the condition promptly and appropriately. That might mean repositioning your body, administering oxygen, or even performing an emergency C-section.
- Poor communication: Poor communication could mean failing to disseminate information quickly or failing to convey the situation’s urgency. Even a short delay can result in a catastrophic outcome.
- Failure to recognize high-risk situations and prepare for the worst: Breech births and excessive amniotic fluid are two scenarios that should lead your medical team to prepare for a high risk of umbilical cord prolapse.
- Failure to obtain informed consent: Your medical team should fully inform you of the risks and benefits of any procedure they perform.
There are dozens of other ways for your medical team to commit malpractice.
Legal Steps to Take
If you believe your child’s birth injury was caused by medical malpractice related to umbilical cord prolapse, there are steps you should take immediately:
Get a Copy of Your Medical Records
Your medical records should tell the story of your treatment in detail. If you have been the victim of medical malpractice and your medical records are honest, they should go a long way toward proving your claim. Your lawyer can help you promptly obtain your medical records.
Expert Witnesses
The use of expert witnesses is routine in medical malpractice law. An experienced medical malpractice lawyer should have cultivated long working relationships with many different types of medical experts. Some of these experts testify for a living, which means that they should not wilt during the heat of cross-examination.
File a Medical Malpractice Claim
Your attorney will help you file a medical malpractice claim within the Maryland statute of limitations deadline (typically three years after the prolapse occurred). Initially, you should probably send a demand letter to the at-fault party’s medical malpractice insurance company. Hopefully, this will kickstart settlement negotiations.
To file a lawsuit, you will have to file a complaint and prepare an affidavit from a qualified medical expert. Timely action is essential to preserve your rights and gather evidence while it is still fresh.
Special Case: Wrongful Death Based on Medical Malpractice
The death of the child is not an uncommon result of umbilical cord prolapse. If your child dies, you can file a wrongful death lawsuit seeking damages. Wrongful death claims differ from personal injury claims in terms of what you have to prove, what kind of damages you can seek, and (in some cases) the statute of limitations deadline. Since such a claim is based on the value of a human life, the recovery can be high. You can also expect the defendant to fight back hard.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080
WGK Personal Injury Lawyers – Largo Office
1401 Mercantile Ln Suite 500-M, Largo, MD 20774
By appointment only
(410) 837-2144
If you believe you have a medical malpractice claim, call us. We can refer you to a lawyer who handles these cases.