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Stillbirths as a result of medical malpractice

Arizona individuals may be unaware that stillbirths occur in roughly 1 out of 160 births, and about 30 percent of the time, the cause is not known. The other two-thirds of stillbirths happen for a number of different reasons including birth defects, placental problems, infections, trauma and umbilical cord accidents. Individuals who have lost a baby due to stillbirth may wish to have an autopsy performed if they do not know the cause.

There are risk factors for stillbirths including maternal age; smoking, drug and alcohol abuse; and malnutrition. Most stillbirths occur prior to labor, and sometimes, a woman notices that a baby has stopped moving. The stillbirth can then sometimes be confirmed by an ultrasound.

However, occasionally a stillbirth occurs during labor and delivery. This may be caused by an accident or a misdiagnosis, or it may happen despite the best efforts of the medical professional to save the child's life.

An individual who believes their child was a stillbirth as a result of medical malpractice may wish to consult an attorney. There are a number of scenarios that could lead to filing a medical malpractice suit. For example, if a medical professional failed to detect a problem in time, did not monitor the labor sufficiently or injured the child during delivery, this might lead to a allegations of medical malpractice.

It is necessary in such a case to prove negligence. In other words, a plaintiff must be able to demonstrate that a stillbirth or pregnancy-related injury was the result of a medical professional neglecting a reasonable standard of care. An attorney who is familiar with such proceedings may be able to help a plaintiff build a case that shows that a defendant was negligent and is liable for damages.

Source: American Pregnancy Association , "Stillbirth: Trying To Understand", December 04, 2014

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Law Offices of Raymond J. Slomski, P.C.

2929 North Central Avenue Suite 700 Phoenix, AZ 85012 Phone: 602-635-7603 Fax: 602-230-8707 Phoenix Law Office Map