Q: What would be the best type of lawsuit over my daughter's death?
My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as "normal." The standard of care is to closely follow growth with more ultrasounds in the case of abnormal insertion. Because of the misdiagnosis, I didn't receive the care I should have.
I believe I cannot file for wrongful death in California in this case. Would this be a medical malpractice case, or something else? Thank you.
A:
It would be a medical malpractice case.
Due to the nature of medical malpractice cases, the extent anticipated may affect the viability of your case. Consult with experienced Medical Malpractice attorneys in the state where this occurred.
A: It would be wrongful death resulting from medical malpractice. Your problem however is the fact that there is no treatment for abnormal or marginal cord placement. To have a claim based on malpractice, you would have to prove malpractice caused the injury (i.e. your daughter's death). If the death would have occurred even in the absence of negligence, you don't have a case. With abnormal or marginal cord placement, the standard of care requires close monitoring of the pregnancy and in some cases, cesarean section. In your case, if the diagnosis was missed, then you would not have had the benefit of the required close monitoring. Again, however, whether that would have changed the outcome is not known. You would need to retain a qualified medical expert (such as a high risk OBGyn to say, to reasonable degree of medical certainty, that in the absence of the negligence, your daughter would not have died.
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A: I'm sorry to hear about your loss. In California, a medical malpractice lawsuit may be appropriate in this situation if you believe that the missed diagnosis and lack of appropriate care contributed to the stillbirth of your daughter. Consulting with an attorney experienced in medical malpractice cases can help you evaluate the specifics of your case and determine the best course of legal action.
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