Placenta Previa Should Be Diagnosed Before Labor Begins. When It Isn’t, the Consequences Can Be Catastrophic.
Placenta previa occurs when the placenta implants in the lower segment of the uterus, partially or completely covering the cervical opening. In complete placenta previa, vaginal delivery is impossible; attempting it causes life-threatening maternal hemorrhage and severe fetal distress. The condition is reliably diagnosed on routine prenatal ultrasound, meaning that in most cases, a planned, carefully timed cesarean section can protect both mother and baby from the serious risks associated with the condition.
Placenta previa becomes a birth injury case when the diagnosis was missed on a prenatal ultrasound; when a known previa was not managed with the appropriate precautions; when a patient with previa was allowed to labor vaginally; or when the C-section was not performed quickly enough when bleeding occurred. In each of these scenarios, the question is whether the standard of care was met and whether the resulting harm was preventable.
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Negligence in Placenta Previa Cases
- Failure to diagnose previa on a routine mid-trimester or third-trimester ultrasound
- Failure to schedule a delivery ultrasound to confirm placental position before the planned delivery date
- Allowing a patient with known previa to present in active labor and bleed before emergency C-section
- Failure to counsel the patient about the signs of previa-related bleeding and when to go to the hospital immediately
- Delay in emergency C-section when hemorrhage begins in a patient with known or suspected previa
- Failure to ensure proper surgical team and blood product availability for a high-risk previa delivery
When Previa Is Also Complicated by Accreta
Complete placenta previa that overlies a prior uterine scar (from a previous C-section) carries a significantly elevated risk of placenta accreta, a condition where the placenta grows abnormally into the uterine wall. Accreta can cause uncontrollable hemorrhage during delivery and may require emergency hysterectomy. When a patient with previa and prior uterine surgery was not appropriately worked up for accreta, not referred to a maternal-fetal medicine specialist, and not delivered at a hospital with the resources to manage an accreta-complicated delivery, those failures can form the basis of a separate malpractice claim.
Frequently Asked Questions
What causes a birth injury?
Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.
What is birth injury malpractice?
Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice. The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing, and coordination. Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.
Did you know?
Rasansky | McKenzie Law negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.
What should I do if my child suffered a birth injury?
The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?
Is my child entitled to compensation?
Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.
What are the main types of birth injuries?
There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:
- Cerebral palsy.
- Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy).
- Infections (B strep, meningitis).
- Baby brain damage.
- Bruising and bleeding beneath the cranial bones.
- Bone fractures and nerve damage (often to the upper arm).
- Shoulder dystocia.
- Spina bifida.
- Folic acid deficiency, anemia.
- Persistent Pulmonary Hypertension.
- Blood flow and/or oxygen being cut off to the baby during delivery (causing anoxic brain injury, hypoxia, birth asphyxia, or perinatal asphyxia).
- Wrongful death.
Will my child's birth injury go away?
Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsy, Erb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 651-6100.
Placenta Previa FAQs
Should placenta previa always be diagnosed before labor?
In a properly monitored pregnancy, yes. Routine anatomy ultrasound at 18-20 weeks identifies a low-lying placenta. If previa is suspected, a follow-up ultrasound is scheduled for the third trimester. Complete previa that persists to 28-32 weeks virtually always requires cesarean delivery. A woman who presents to labor and delivery in active labor with an undiagnosed complete previa and then bleeds massively is the result of a significant failure of prenatal surveillance.
Can placenta previa cause a baby’s brain injury?
Yes. When previa causes significant hemorrhage before or during delivery, the resulting blood loss reduces oxygen delivery to the baby. If emergency delivery is not performed quickly, the baby can suffer fetal distress, birth asphyxia, and hypoxia or HIE, with potential for permanent brain damage, cerebral palsy, or fetal death.
If you or your baby were harmed because a previa diagnosis was missed or mismanaged in Texas, the award-winning Dallas birth injury attorneys at Rasansky | McKenzie Law will review your prenatal and delivery records for free. Call us today.
