There is no tragedy more devastating than the unexpected loss of a fetus, and while we all want to believe that our doctors are doing their best, unfortunately some of these deaths are the result of medical malpractice. A doctor who fails to notice fetal distress during labor, performs a C-section improperly, or makes a medication error may, depending on the circumstances, be responsible for the death of a child.
Medical malpractice can sometimes be challenging to prove, but a fetal death attorney in New York at Buttafuoco & Associates can help you build a strong case if a doctor or hospital was responsible. Learn more about fetal death malpractice below, and if you believe you may have a case, call us for a free consultation at 1-800-NOW-HURT.
What Causes Fetal Death?
Several scenarios fall under the category of fetal death, including:
- Miscarriages, or spontaneous abortions, which occur before 20 weeks of gestation.
- Stillbirths, which occur after 20 weeks of gestation
- Perinatal deaths, which occur before a child has been alive for 28 days.
A variety of health, lifestyle, and environmental factors can increase your risk of fetal death. For example, teenagers and women over 35 are more likely to deliver a stillborn child. Health conditions like high blood pressure, obesity, and diabetes also increase the risk. And if you previously had complications during a pregnancy or a previous pregnancy ended in fetal death, your chances of it happening again are slightly higher. Substance abuse, stress, and living in an area with limited prenatal care also make it more likely that your child could be stillborn.
Some distinct causes of fetal death may include:
- Infections – viruses, parasites, bacteria, and germs cause up to 25 percent of fetal deaths in developed countries, according to The Cleveland Clinic.
- Placenta/umbilical cord issues – if the placenta separates from the uterus or twists and strangles the fetus, stillbirth can occur.
- Developmental or congenital problems – genetic issues and intrauterine growth restriction can cause problems with the rate of fetal growth and its ability to receive adequate nutrition.
- Pregnancy complications – preeclampsia (high blood pressure during the second half of a pregnancy), cholestasis (liver disease developing late in pregnancy), premature birth, and rupture of the sac that surrounds the fetus can all result in fetal death.
Although a doctor may not be able to prevent all risk factors and causes of fetal death, if they fail to properly diagnose you with a condition that proves lethal, or fail to monitor or treat your and your child’s health, they could be held liable.
When is Fetal Death Considered Malpractice?
Sometimes, a doctor fails to properly respond to problems during childbirth. Errors that could result in fetal death include:
- Failure to correct umbilical cord restriction
- Failure to identify fetal positioning complications
- Failure to perform a timely C-section
- Failure to identify risks due to previous pregnancy history
- Failure to identify risks due to maternal health concerns
If your doctor made a preventable error or failed to detect, monitor, or treat a preventable risk factor, you may have a viable malpractice claim. A New York fetal death attorney from Buttafuoco & Associates can help you determine if you have a case and advise you on next steps.
How to Prove Medical Negligence
In order to prove that a healthcare provider’s negligence resulted in fetal death, you must:
- Prove that your doctor deviated from the accepted standard of care during your pregnancy or labor
- Prove that this breach of the standard of care directly caused your fetus’s death
If your doctor fails to provide the standard of care, you may have a case. However, just because they deviated from the standard of care, it does not necessarily mean your doctor was guilty of malpractice. Their deviation from the standard must have also directly caused the death of your fetus.
Due to their complexities, medical malpractice cases are notoriously difficult to prove without legal representation. A qualified fetal death attorney in New York can help you gather evidence, build a strong case, and call on experts to provide sound opinions to support your claim. A qualified attorney with experience in personal injury law can properly assemble a malpractice case.
For example, without working with an attorney, you would not have access to a medical expert–a crucial witness in any fetal death case. A medical expert can identify how and when your doctor failed to deliver the accepted standard of care, and show the court how their failure resulted in the death of the fetus. Without access to this expertise, it will be challenging to build a case that will win in court.
Collecting Damages after a Fetal Death
The State of New York, in Endresz v. Friedberg, held that it does not recognize fetal death as a cause for a wrongful death action. Therefore, parents who suffer a miscarriage, stillbirth, or perinatal death must file a medical negligence claim to seek compensation for their damages.
Damages in a fetal death may include both financial and non-financial damages, such as:
- Pain and suffering
- Medical expenses
- Cost of ongoing medical or mental health treatment
- Emotional damages
By working with a New York birth injury attorney at Buttafuoco & Associates, you can rest assured our team will handle your case with the care and respect you need during this challenging time. If your family has been harmed due to a medical professional’s negligence, they must be held accountable.
Call 1-800-NOW-HURT for a free case review today.