Umbilical cord complications do not happen often. The most common problem, when the cord wraps around a baby’s neck, only occurs around 20% to 35% of the time in full-term single births.
However, when umbilical cord complications do happen, it can cause birth injuries and other serious consequences. Thankfully, there are cases where you may pursue legal action against your health care provider.
Basis to sue for medical malpractice
Not every case of umbilical cord complications warrants a malpractice lawsuit. You might have grounds for legal action if any of the following:
- Missed warning signs: If medical staff fail to monitor fetal distress signs, they may miss crucial opportunities to intervene and prevent cord complications. This oversight could be a sign of negligence.
- Delayed diagnosis: Failure to recognize umbilical cord problems can worsen the issue and lead to reduced oxygen supply. In turn, lack of sufficient oxygen may cause cerebral palsy, brain damage and more.
- Delayed C-section: Some cases of umbilical cord complications may require an emergency C-section to avoid putting your baby’s health at greater risk. Any delays in performing the procedure can worsen cord problems or the injuries it may cause and serve as grounds for a malpractice lawsuit.
- Improper techniques: Improper techniques during delivery could lead to umbilical cord complications. This includes misusing delivery tools like forceps, which may worsen or cause cord issues.
Many umbilical cord issues are unavoidable and not caused by you or your doctors’ actions. However, your health care providers are supposed to be able to recognize and respond to potential adverse situations promptly.
Proving a medical malpractice case
It’s essential to establish that the medical staff deviated from the standard of care. You need to show substantial evidence that the health care provider’s actions directly caused harm to you or your baby. These include:
- Medical records from prenatal care and delivery
- Witness statements from present medical staff
- Expert testimony from other health care professionals
Take note of malpractice lawsuit time limits
Make sure you’re aware of the statute of limitations for medical malpractice cases. In Idaho, you have up to two years to file a lawsuit. Consulting a legal professional can help you navigate the process smoothly and ensure you have everything you need to fight for your rights.