The birth of a child should be a joyous occasion for the whole family. When things go wrong during a pregnancy and/or delivery, however, the results can be devastating. While a placental abruption itself may not constitute medical malpractice, a failure to treat or diagnose a placental abruption may be grounds for a viable civil claim.
If you or a member of your family suffered from a placental abruption, it may be wise to speak with an experienced birth injury attorney to discuss what legal remedies may be available. A Florida placental abruption lawyer could evaluate your case and help determine if a negligent medical provider could be held responsible for your losses.
Placental Abruption Birth Injuries
During the course of pregnancy, the placenta develops and connects the fetus to the wall of the mother’s uterus. Placenta is essential to a growing baby’s nutrition, oxygen, and waste removal. In the event of an abruption, the placenta separates from the uterine wall prematurely, which could put the health and lives of both mother and child in danger.
When a complete placental abruption occurs, the baby would stop receiving oxygen completely and must be delivered immediately. A medical professional’s failure to deliver a child quickly after a placental abruption occurs could cause severe medical conditions, such as:
- Developmental delays
- Cerebral palsy
- Permanent brain damage
- Motor disorders
- Learning disabilities
- Seizure disorders
- Hypoxic ischemic encephalopathy
- Neonatal encephalopathy
In extreme cases, periventricular leukomalacia, microcephaly, stroke, and even death could result from failing to immediately deliver a child after a placental abruption.
Contributing Factors That Can Cause Placental Abruptions
There are numerous conditions and contributing factors that have been linked to the occurrence of placental abruption, such as:
- Trauma during labor
- High blood pressure or preeclampsia
- Chorioamnionitis – an infection of the amniotic fluid and placenta membranes
- Accidental punctures stemming from amniocentesis
- A previous placental abruption
- When the mother is under 20 or over 35
A placental abruption could also happen after a mother suffers a sudden abdominal blow in a fall or auto accident, for example.
Otherwise, the cause of an abruption is not always easily identifiable, and it is not uncommon for it to occur without warning. A pregnant woman should seek immediate medical attention if she experiences tenderness or pain in her abdomen, vaginal bleeding, uterine tenderness, severe back pain, or rapid uterine contractions.
It is essential to consult with a placental abruption attorney in Florida to begin the civil claims process as soon as possible. The statutory deadline imposed by Florida Statutes §95-11 gives potential plaintiffs two years from the date of discovering the injury to file a medical malpractice lawsuit against a negligent healthcare provider.
However, there are certain factors which could extend this legal deadline. For instance, when a healthcare provider fraudulently conceals their error or inaction, the time limit for filing is two years from when the injury is discovered, or seven years from the incident of malpractice. A family who wishes to file a placental abruption lawsuit must do so before their child reaches the age of eight.
Establishing a Physician’s Negligence
Under Florida law, to prove a medical malpractice claim on behalf of the injured party, a placental abruption lawyer must establish several important factors. The first step in establishing a physician’s liability involves proving that they owed a certain level of care to the injured patient. Medical practitioners must operate under a medically accepted standard of care when interacting with patients.
It is also essential to establish that the medical care provider breached their duty of care. FL Stat §766.203 requires plaintiffs to obtain an affidavit from a medical expert who practices in the same field as the defendant physician that affirms the validity of their claim. Without this affidavit, the claim may be dismissed by the court.
A claimant and their legal representative must also prove that the physician’s breach directly caused their injuries. One of the attorneys at Domnick Cunningham & Yaffa could help measure and calculate a patient’s damages after a placental abruption, such as significant medical costs, time missed from work, and pain and suffering.
Get in Touch with a Florida Placental Abruption Attorney Today
If you or a loved one has suffered harm from a medical professional’s failure to treat or diagnose a placental abruption, do not hesitate to contact an attorney right away. You may be eligible to receive damages for your medical bills, lost wages, inconvenience, pain and suffering, and other related losses. Reach out to a Florida placental abruption lawyer today to discuss your potential legal options and paths to compensation during a confidential case consultation.
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