One of the more interesting medical phenomena is the ability of a pregnant woman’s body to detect problems during a pregnancy. Generally, the body is able to perceive developmental problems during the first to trimesters. When there are problems, the body frequently has a way of expelling the fetus in process known as a miscarriage.
Improved chances of survival
By the time a fetus has made it through two trimesters, it is usually considered viable of surviving outside of the womb (with medical care). When a woman delivers a dead baby after 24 weeks of gestation, it is classified as a stillbirth. Unlike miscarriages that occur during the first two months of pregnancy, a fetus that has made it to the third trimester is usually considered healthy enough to survive outside of womb.
While some stillbirths may occur without warning or explanation, other stillbirths—especially those occurring close to full term or during delivery are more unusual and should be looked at with heightened scrutiny to determine if an error by a physician or midwife may be to blame for the death.
Medical errors during labor and delivery
If the physician, midwife or medical professional failed to provide to meet the standard of care during the pregnancy or delivery and the negligence caused the stillbirth, the parents may have legal rights pursuant to the medical malpractice laws in the jurisdiction.
Many states recognize the parents’ legal right to pursue a claim or lawsuit against a negligent doctor for negligent care resulting in a stillbirth. Examples of negligent medical care that may have caused a stillbirth include:
- Failing to listen to the fetal heartbeat
- Ignoring a mother’s concerns of slow movements
- Not scheduling regular check-ups
- Allowing extremely prolonged labor
- Failing to identify the positioning of the umbilical cord around babies neck
- Administering too much pitocin
- Failing to perform timely c-section
Legal recovery parents’ loss
Rosenfeld Injury Lawyers understand the feelings of sadness and anger following the loss of a baby. If you have lost a child during late term pregnancy or delivery, and believe that it may be due to the negligence of a doctor or hospital, our Chicago medical malpractice lawyers can help provide you with the information you desire regarding the medical care provided to your child.