You did everything right. You went to your appointments, followed your doctor’s instructions and trusted the people caring for you and your baby. So when something went wrong during your pregnancy or delivery, it is natural to wonder whether it could have been prevented.
Oregon loses an average of 191 babies a year to stillbirth. Many of those losses are potentially preventable. If yours may be one of them, it helps to know whether you have the right to pursue accountability.
What is stillbirth and when does it fall under medical negligence?
A stillbirth is the loss of a baby at 20 weeks of pregnancy or later, before or during delivery. Some stillbirths are the result of genetic conditions or complications that no medical provider could have predicted. But when a doctor or medical team fails to provide the standard level of care, and that failure contributes to the death of your baby, courts may consider it medical malpractice.
What are the common medical errors that can lead to stillbirth?
Many stillbirths tied to negligence come down to a failure to act or a failure to act in time. Some of the most common preventable errors include:
- Failing to monitor fetal heart rate and recognize signs of distress
- Delaying a necessary cesarean section
- Failing to conduct timely antepartum testing
- Missing or ignoring signs of preeclampsia, gestational diabetes, or infection
- Failing to adequately monitor a high-risk pregnancy
These are not rare or unforeseeable situations. They are exactly what your medical team is trained to watch for. When they fail to do so and your baby dies as a result, Oregon law may give your family the right to hold them accountable.
What does Oregon law recognize?
Oregon law allows families to pursue a wrongful death claim when a baby’s death results from a medical provider’s negligent actions or inactions. These cases require proof that the medical provider failed to meet the standard of care and that this failure directly contributed to the loss.