During a normal childbirth, the fetus exits through the cervix, and the umbilical cord—which provided oxygen and nutrients to the fetus via the placenta while they were in utero—follows behind. Sometimes, though, the umbilical cord can “prolapse,” meaning that it comes out alongside or even ahead of the fetus, resulting in that fetus being deprived of oxygen and potentially suffering life-altering or even life-threatening harm.
If your child was hurt because your doctor(s) failed to properly address this birth injury, you may have grounds for legal action. A Connecticut umbilical cord prolapse lawyer from Berkowitz Hanna can help you pursue the compensation your family deserves.
Many of the same risk factors associated with other types of birth complications are also correlated with an increased risk of umbilical cord prolapse, including placenta previa, low birth weight, a fetus being larger than average, and the use of certain medical procedures to assist with labor and delivery. Most of the time, though, umbilical cord prolapse is not detectable until it causes a change in fetal heart rate, or until a doctor assisting with childbirth can see or feel the umbilical cord in a prolapsed position.
Once a doctor becomes aware of an umbilical cord prolapse, they must act quickly to deliver the baby affected by that prolapse in order to ensure they do not suffer long-term harm from oxygen deprivation. This might mean ordering a C-section if necessary. Unreasonable delays in addressing an umbilical cord prolapse in a Connecticut hospital can lead to hypoxia-related brain injury, lifelong disabling conditions like cerebral palsy, or even stillbirth, all of which a skilled attorney can help construct a civil claim around.
It should be noted that what constitutes an “unreasonable” delay in treating an umbilical cord prolapse, or a failure to properly address such a complication once treatment begins, is surprisingly subjective. In brief, this is because medical professionals are held to a “standard of care” based on what another equally qualified physician would have done while working under the same conditions, rather than to a general “duty of care” which applies equally to every type of person in a particular scenario.
Because of this, doctors are sometimes given a bit of extra legal leeway for minor mistakes unless the plaintiff suing them can prove their actions were egregiously negligent. Establishing negligence and complying with other procedural requirements for malpractice claims set by state law can be tough without legal help, which is why working with a seasoned umbilical cord prolapse lawyer in Connecticut is essential.
Obstetricians and other medical professionals who assist with childbirth are expected to know the warning signs and risks of umbilical cord prolapse, and they are accordingly expected to do everything they can to prevent complications like this from causing preventable harm. Unfortunately, not every doctor lives up to this “standard of care” with every patient, as your family may have just learned by no fault of your own.
You have support available from an experienced Connecticut umbilical cord prolapse lawyer. Call Berkowitz and Hanna LLC to discuss your legal options and set up a free case consultation.
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