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August 15, 2024

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If you or a loved one has been affected by placental abruption, a complex and devastating condition that can lead to severe outcomes for both the mother and baby, it’s crucial to understand your legal rights. 

A Chicago placental abruption lawyer can provide indispensable guidance and support through these challenging times. Keep reading to learn more about this condition and your options for legal recourse. 

Placental abruption is a serious medical condition during pregnancy where the placenta partially separates or completely separates from the inner wall of the uterus before delivery. 

This separation can disrupt the nutrient and oxygen supply to the baby and cause heavy vaginal bleeding in the mother, which may lead to severe pregnancy complications for both. 

Placental disruption can be especially concerning in cases of placenta previa, where the placenta covers the cervix. This condition often occurs in the third trimester, but not exclusively. 

It is broken down into the following grades:

Grade 1 (Mild)

This grade is characterized by minimal bleeding, where the mother might experience some abdominal pain or back discomfort. There’s usually no significant effect on fetal health at this stage, but monitoring is essential.

Grade 2 (Moderate)

There is increased bleeding and more pronounced abdominal pain or cramping. There may be some distress to the fetus, and signs such as abnormal fetal heart rate could occur. Grade 2 abruptions may require medical interventions to ensure the health of both mother and baby, as this can have more severe complications than grade 1.

Grade 3 (Severe)

Heavy vaginal bleeding leading to maternal shock can occur, and fetal distress becomes more likely. At this level, premature birth or stillbirth are significantly increased risks. Severe cases often necessitate immediate delivery of the baby, regardless of gestational age, to save either or both lives.

Understanding the certain risk factors and causes of placental disruption is crucial, particularly when considering whether there may be grounds for legal action due to possible medical negligence. 

Here are important considerations:

  • Prior history of placental ablation: Patients with a history of this condition in a previous pregnancy may have an increased risk for recurrence.
  • High blood pressure (hypertension): Chronic hypertension or pregnancy-induced hypertension requires careful management, as it can lead to placental disruption. 
  • Use of forceps: If forcefully applied or used incorrectly, forceps can contribute to the separation of the placenta from the uterus lining, leading to complications. If you believe this was the cause of your situation, our forceps delivery injury lawyers can help.
  • Cocaine use during pregnancy: The use of cocaine and other illicit drugs is known to increase the risk of placental disruption. [1]
  • Tobacco use: Smoking during pregnancy is associated with numerous risks, including an increased likelihood of placental abruption. [2]
  • Maternal age over 35: Advanced maternal age may naturally come with a higher likelihood of complications, including placental abruption.
  • Abdominal trauma: An abdominal injury, like one that occurs from a car accident or a fall, is a significant risk factor for placental abruption because the force of an impact can separate the placenta from the uterine wall. 
  • Gestational diabetes: This is a condition in which pregnant women without previously diagnosed diabetes develop high blood sugar levels during pregnancy. This can increase the risk of placental abruption, as elevated glucose levels may contribute to abnormalities in the blood vessels of the placenta or lead to excessive fetal growth, which might cause strain on the placental attachment.

Placental abruption can lead to serious complications for both the mother and the child, including:

Cerebral Palsy

Cerebral palsy can be a consequence of placental abruptions due to oxygen deprivation (hypoxia) to the baby during a critical time of brain development. This can lead to brain damage that manifests as cerebral palsy, a group of permanent movement disorders that appear in early childhood. For legal help with these cases, contact our Chicago cerebral palsy attorneys.

Neonatal Stroke Birth Injury

It happens when there is a disruption in the blood supply to the infant’s brain either before, during, or shortly after birth. The loss of blood flow can be a direct consequence of the placental abruption, leading to stroke and potentially causing long-term neurological problems. Contact our Chicago neonatal stroke birth injury lawyer to see if you have a legal case.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain damage that occurs when the brain receives insufficient oxygen or blood flow for a period of time. In the case of placental abruption, the abrupt interruption in the supply of oxygen and nutrients from the mother to the fetus can lead to HIE. 

HIE can result in severe developmental delays, epilepsy, and cognitive issues, requiring lifelong care and interventions for the affected children. If that’s what you’re going through, explore your legal options with a Chicago HIE attorney from our team.

Preterm Birth

Placental abruptions are a significant risk factor for an early birth, as it may necessitate an early delivery to prevent serious medical conditions for the mother and the baby. Babies born prematurely may face challenges such as underdeveloped lungs and difficulty in maintaining body temperature, leading to prolonged hospital stays and potential long-term health issues.

Fetal Growth Restriction

It can occur as a consequence of placental abruption, where the baby does not receive adequate nutrients and oxygen for proper growth and development. This condition can lead to low birth weight and various health problems both at birth and later in life, including a higher risk of chronic diseases.

Maternal Hemorrhage

Placental abruption can lead to severe maternal hemorrhage, posing a risk of shock and even death in extreme birth injury cases. The loss of blood can require medical interventions, including blood transfusions and emergency surgeries, to stabilize the condition of the mother and save the life of the baby.

Other side effects for a pregnant woman experiencing premature separation include severe bleeding, decreased fetal movement, uterine tenderness, blood clotting disorder, and kidney failure. 

 

immediately to minimize risks to the mother and baby. Treatment options depend on factors like gestational age, severity of blood loss, and fetal well-being.

  • Mild abruption: If conditions are stable and it’s a minor separation from the uterus wall, close monitoring might suffice until delivery.
  • Moderate abruption with stable conditions: This may involve hospitalization for careful monitoring of maternal vitals and fetal heart rate; if near-term, labor may be induced.
  • Severe cases or fetal distress: In cases where the placenta separates and it’s a severe concern, immediate delivery is often necessary. If too premature for a safe vaginal birth, an emergency cesarean section might be required. 

Other ways to treat placental abruption focus on managing symptoms of placental abruption and may include:

  • Blood transfusions to replace lost blood
  • Intravenous fluids to maintain blood pressure
  • Medications if needed to help with the baby’s development (such as corticosteroids for lung maturity if preterm delivery is anticipated)

The ultimate goal is to treat placental abruption and ensure the survival and health of the mother and the baby. 

Can You Sue for Placental Abruption?

You may have grounds to sue for placental abruption if it can be proven that medical malpractice occurred. Each birth injury case is unique and requires a thorough legal analysis by qualified personal injury attorneys experienced in birth injury claims.

Proving Medical Negligence for a Placental Abruption Birth Injury Lawsuit

To successfully prove medical malpractice in a placental abruption lawsuit, you’ll typically need to establish four key legal elements:

  1. Duty of care: Show that the healthcare provider owed a duty of care to you and your baby. This is essentially automatic as soon as you enter into a doctor-patient relationship.
  2. Breach of duty: Prove that the healthcare provider breached this duty by acting or failing to act in ways that are considered acceptable by current medical standards – for example, not monitoring high blood pressure appropriately or ignoring warning signs of distress like heavy vaginal bleeding.
  3. Causation: You must link the breach directly with your injury. That means proving that their specific actions (or lack thereof) failed to prevent placental abruption and led directly to adverse outcomes. 
  4. Damages: Finally, evidence of actual damages must be provided. This typically involves showing physical harm to the mother or child, financial losses like additional medical bills, and often non-economic losses such as emotional distress or pain and suffering.

Establishing Liability for Placental Abruption Cases

Establishing liability in placental abruption cases is intricate, as multiple parties may bear responsibility for the resulting birth injuries depending on the circumstances. Our Chicago medical malpractice attorneys can help you prove one or more of the following parties are liable for your case.

Healthcare Providers

Healthcare providers, including doctors and nurses who did not properly monitor or address risk factors for placental abruption, can be held liable. 

Hospitals

Hospitals might also be held liable if their systemic practices contribute to the occurrence of a placental abruption. This could be due to inadequate protocols, insufficient staff training or supervision, or failure to appropriately maintain equipment necessary for detecting and managing obstetric complications.

Pharmaceutical Companies

On occasion, medications prescribed during pregnancy may contribute to a higher risk of placental issues. Should pharmaceutical companies not adequately disclose risks or if they produce drugs that are ultimately unsafe for a pregnant mother without providing clear warnings, they might be liable.

Product Manufacturers

Manufacturers of medical devices used during pregnancy can sometimes be held liable if their products are defective. For example, defective fetal monitors or ultrasound equipment prevent medical professionals from discerning symptoms of placental abruption and, therefore, from diagnosing it.

placental abruption birth injury lawsuit

Damages You Can Recover in a Placental Abruption Birth Injury Lawsuit

In a placental abruption birth injury lawsuit, the recoverable types of damages typically include:

  • Medical Bills
  • Lost Wages
  • Pain and Suffering
  • Long-Term Life Care Costs
  • Loss of Consortium

Wrongful Death

Should placental abruption lead to the death of the mother or child, surviving family members may be entitled to file a wrongful death claim. 

Our Chicago wrongful death attorneys can help recover compensation for funeral and burial expenses, loss of the loved one’s future earnings and benefits, as well as compensation for non-economic damages such as loss of love, affection, companionship, and guidance.

Why You Need a Placental Abruption Birth Injury Lawyer

Jonathan Rosenfeld Chicago Personal Injury Lawyer

Navigating the aftermath of a traumatic birth injury such as placental abruption can be emotionally and logistically overwhelming. You need comprehensive legal support to ensure your rights are protected and that you receive fair compensation for the birth injuries sustained. 

Here’s how our Chicago birth injury attorneys can help you:

Evidence Collection

We understand the importance of thorough evidence collection in building a strong case. We look into medical records and seek out any additional information that may substantiate your claim.

Consulting Experts

Our access to leading medical professionals ensures that complex medical issues are explained clearly and concisely. These specialists play a pivotal role in establishing the standard of care required and explaining how it was breached.

Calculating Compensation

Determining appropriate compensation goes beyond looking at basic costs incurred; it must also include future needs including long-term care or therapy, lost earning capacity, and compensation for pain and suffering. We calculate the total impact of the birth injuries to ensure you are fully compensated.

Negotiating with Insurance Companies

Insurance companies are known to do whatever it takes to minimize payouts. Our experienced team is skilled in handling insurance adjusters effectively, ensuring your best interests remain at the forefront during negotiations.

Trial Representation If Needed

While many birth injury cases settle out of court, we prepare every case as if it will go to trial. This readiness signals to all parties involved that we are serious about obtaining a fair outcome and ensures you have strong representation if litigation becomes necessary.

There’s Limited Time to File a Placental Abruption Birth Injury Claim

In Illinois, statutes of limitations define the time frame within which you must file a birth injury lawsuit. 

For most personal injury claims, including those related to medical malpractice such as placental abruption injuries, you generally have two years from the date of discovering the injury to file a lawsuit. However, no action can be brought more than four years after the date on which occurred.

When it comes to cases involving minors, a claim can be filed up to 8 years after placental abruption occurs.

Contact an Experienced Placental Abruption Lawyer Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

Facing the emotional and physical challenges after a traumatic birthing experience can be extremely overwhelming, but you don’t have to go through it alone. 

To navigate this difficult time and explore your legal options, Rosenfeld Injury Lawyers offers experienced representation on a contingency fee basis—meaning you only pay us if we win your case.

Contact us today to schedule a free consultation. Call us at (888) 424-5757 or reach out online.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606

Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Chicago, Elgin, Naperville, Springfield  and throughout Illinois.

Resources: [1] NIH, [2] NIH

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