Failure to provide Standard of Care caused Negligence during Delivery - FL
My son was born premature as a complete surprise at 24 weeks. My partner is high risk with heart disease so we had been going to two high risk specialists along with our routine OB appointments.
By the time the high risk specialist saw the cervix opening and the placenta was coming through, it was too late and we had to be rushed to labor and delivery in the same hospital. The information given to us in passing from the doctor was “the placenta is coming through the cervix, they’re going to elevate your legs to slide it back in and then do a cerclage to keep the baby inside.”
When we arrived at labor and delivery, we communicated this plan to the OB and she said, they do not do cerclage on babies after 24 weeks since they’ve reached a gestation where they have a chance to survive outside the womb. Our original plan for delivery was a c section due to my partners heart disease but her high risk specialists were going to come together to determine whether vaginal or c section would be safest for her heart. The OB thought it best to attempt to deliver vaginally since we were in active labor and they had not come together yet to make a decision. When she broke the water, the placenta also burst causing a lot of blood loss and my partner was rushed back to an emergency c section.
I can’t help but feel like we did not receive a professional standard of care somewhere in this. I’m not sure if high risk and labor and delivery ever communicated with each other, in our ultrasound they seemed to see the placenta coming though and specifically stated he’s going to try to slide it back and place a cerclage.
The post op report says “Presented to labor and delivery stating that she was told to report here. She brings ultrasound report showing 2mm cervix with funneling. Posterior placenta. No previa.” The report also states it was a post OP diagnosis and says “Delivery imminent. NICU Team called. Mother with significant bleeding. Post operative diagnosis-placenta previa”.
The post op report does not make any mention of the information we brought to labor and delivery or mention an attempt at vaginal delivery that caused significant bleeding.
We’ve requested our records from the high risk specialist to see how they’ve recorded the incident/ultrasound but I need to know if some damage control happened because they knew something we didn’t at the time. Mom and baby are thankfully both here but now that we have our life back we’re considering what really happened.
Here are biggest concerns from greatest to least:
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Did our high risk specialist who discovered the placenta coming through and gave an improper care plan that we took to labor and delivery not provide the same level of care/diagnosis that another doctor would have? Should he have communicated this information to labor and delivery?
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Was our OB negligent in attempting a vaginal delivery when our specialist saw the placenta coming through the cervix before we were rushed to labor and delivery?
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Would chronic lung disease and trouble breathing early on be considered as injuries? Would placenta previa causing significant blood loss that required a transfusion be considered a birth injury?
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Would another doctor have been able be able to catch the placenta previa/cervix incompetence in an earlier ultrasound?
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Would an experienced medical professional be able to point out red flags or damage control in the post operative report?
I appreciate any insights on the situation.
Edit: added question about injuries. Thanks for the responses.
Posted Apr 12, 2022, 7:31 PM UTC · edited
There’s no case unless there’s an injury.