The gestation process and birth of a baby are complex. Numerous issues can arise that could lead to the demise of the fetus. If medical malpractice plays a role, however, the risks of serious complications increase exponentially. One of the problems that can arise is intrauterine fetal demise.
This situation is not always clearly understood. Learn more about this condition, what can cause it, and whether you can file a claim to recover losses if it has occurred.
What Is Intrauterine Fetal Demise?
Intrauterine fetal demise is the term for the death of a fetus at or after the 20th week of pregnancy. It’s also known as a stillbirth. There may be no signs that something is wrong with the baby, and it might only be diagnosed in an ultrasound when there’s no fetal heartbeat or movement.
There are three main types of intrauterine fetal demise:
- Early Stillbirth: Happens between 20 and 27 weeks of gestation
- Late Stillbirth: Happens between 28 and 36 weeks of gestation
- Term Stillbirth: Happens after 37 weeks of gestation
A stillbirth can occur in any pregnancy, and it’s not always possible to prevent it.
Symptoms of Intrauterine Fetal Demise
Intrauterine fetal demise can occur without any kind of symptoms.
Some women, however, experience issues such as:
- Vaginal bleeding or spotting
- Amniotic fluid leakage
- Abdominal pain
- Lack of fetal movement
- Lack of fetal heartbeat
Unless the pregnancy is advanced, you may not realize that the baby has stopped moving, so it’s important to have regular ultrasounds and all other necessary check-ups.
Causes of Intrauterine Fetal Demise
Numerous factors can cause an intrauterine fetal demise. Maternal factors, including medical conditions, play a role. If the mother has high blood pressure, diabetes, or is overweight, she has an increased chance of experiencing a stillbirth.
Women who smoke, use drugs, or drink alcohol during pregnancy can have a much higher chance of an intrauterine fetal demise. The same is true if they have an untreated infection, which might not have any symptoms, so it’s up to the doctor to spot and address it.
There could also be fetal and placental factors that cause a stillbirth as well. Placental insufficiency, for example, doesn’t allow the fetus to grow as it needs to, making it impossible for it to survive. Placental abruption can also be a reason because the separation of the placenta from the uterine wall doesn’t allow the fetus to receive oxygen or nutrients.
If the umbilical cord is damaged in any way, that, too, can cause a stillbirth. Additionally, any genetic abnormalities in the fetus could make it more likely to die in the womb.
Understanding Medical Malpractice in Intrauterine Fetal Demise Cases
Obstetrician (OB/GYN) malpractice can be a significant factor in these cases. A misdiagnosis or a delay in the treatment of maternal conditions can allow medical issues to continue unchecked, putting the fetus and the mother at risk.
The medical professional could fail to monitor fetal vital signs. This error could result in them failing to notice that the fetus is not growing as it should be. Poor prenatal care can lead to avoidable complications, and prescribing the wrong medications to the mother could also cause serious developmental issues for the baby.
Additionally, errors can occur during the delivery of the baby. The incorrect use of assistive devices, like forceps, can result in intrauterine fetal demise.
Challenges of Filing a Medical Malpractice Claim
Proving that medical malpractice occurred is not an easy process. You will need to establish that a duty of care existed between you and the provider and that they breached that duty by offering substandard treatments. You must then show that the medical professional’s conduct led directly to the death of the baby and that you suffered losses because of the death.
Another challenge you face is needing to submit an affidavit of merit from a medical professional in the same field as the defendant. You must do this at the same time that you file a complaint. If you don’t submit the affidavit, your case will likely be dismissed.
It’s essential to remember that you must abide by statutes of limitations. These spell out the deadlines you have to begin legal action against the defendant. In Georgia, you have two years to file a claim.
Damages Available in an Intrauterine Fetal Demise Case
After experiencing an intrauterine fetal demise, you may be entitled to compensation for the emotional, financial, and physical losses you’ve suffered. These damages often fall into two categories.
Economic damages may include:
- Medical expenses for the mother’s treatment and attempts to save the baby
- Costs associated with a C-section or other procedures needed to deliver the baby
- Ongoing medical care required after the stillbirth
- Lost wages from days or weeks of missed work
- Funeral and burial expenses for the baby
These financial losses can be overwhelming, and compensation helps ease those burdens.
Non-economic damages address the pain, suffering, and emotional trauma your family has experienced. Because these losses don’t have a set dollar value, an attorney can help you pursue the full amount you deserve.
Contact the Atlanta Medical Malpractice Lawyers at Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
If your child died in the womb because of medical malpractice, beginning a claim can help you obtain compensation. It will not bring your child back, but it can address the financial losses you sustained so that you have one less thing to worry about.
If your child sustained childbirth injuries, Malone Law Medical Malpractice and Severe Injury Lawyers is here to help. Our Atlanta medical malpractice attorneys will fight to get you the compensation you deserve. Contact us today for a free consultation.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346