Stillbirth Due to Missed Preeclampsia: Is It Medical Malpractice?

The loss of a child is an unimaginable tragedy, and when it occurs due to medical negligence, the pain can be compounded by anger and a desire for justice. Stillbirth, the death of a fetus at or after 20 weeks of pregnancy, is a devastating outcome that can sometimes be linked to missed or mismanaged preeclampsia. If you’ve experienced this loss, understanding the connection between preeclampsia and stillbirth, and whether medical malpractice may have been a factor, is crucial.

Preeclampsia, a pregnancy-specific condition characterized by high blood pressure and signs of organ damage, typically arising after the 20th week of gestation, affects 2–8% of pregnancies worldwide. In the United States, the rate of preeclampsia has increased by 25% in the last two decades. While many women with preeclampsia deliver healthy babies, the condition can lead to severe complications for both mother and baby if not properly managed. In fact, hypertensive disorders of pregnancy, including preeclampsia, contribute to 9.2% of stillbirths.

Understanding Preeclampsia

Preeclampsia is diagnosed when a pregnant woman develops high blood pressure (≥140/90 mmHg) after 20 weeks of gestation. The American College of Obstetricians and Gynecologists (ACOG) now states that preeclampsia can be diagnosed even without high levels of protein in the urine (proteinuria), if there are other signs of organ damage, such as:

Decreased blood platelets
Kidney or liver problems
Fluid in the lungs
Signs of brain trouble (seizures, visual disturbances)

Symptoms of Preeclampsia

Many women with preeclampsia may not experience any noticeable symptoms, which is why regular prenatal care is so important. However, some common symptoms include:

Severe headaches
Vision problems (blurring, flashing lights, light sensitivity)
Pain in the upper abdomen
Nausea or vomiting
Sudden swelling of the face, hands, and feet
Shortness of breath

Risk Factors for Preeclampsia

Certain factors can increase a woman’s risk of developing preeclampsia:

First pregnancy
Multiple pregnancies (twins, triplets, etc.)
Obesity
Pre-existing conditions (hypertension, diabetes, kidney disease)
Family history of preeclampsia
Age over 35 or under 20

The Link Between Preeclampsia and Stillbirth

Preeclampsia can lead to stillbirth through several mechanisms. The condition affects the placenta, the organ that provides oxygen and nutrients to the developing fetus. Preeclampsia can cause:

Placental insufficiency: Reduced blood flow to the placenta, depriving the fetus of essential resources.
Placental abruption: Premature separation of the placenta from the uterine wall, leading to fetal distress and death.
Fetal growth restriction: Slowed fetal growth due to inadequate nutrient supply.

A study in Norway found that the risk of stillbirth was 1.45 times higher in pregnancies with preeclampsia. The risk is even more elevated in early-onset preeclampsia. At 26 weeks of gestation, there were 11.6 stillbirths per 1,000 pregnancies with preeclampsia, compared to 0.1 per 1,000 without preeclampsia.

When Does Missed Preeclampsia Become Medical Malpractice?

Failure to diagnose and properly manage preeclampsia can constitute medical malpractice if it leads to harm or stillbirth. To sue for preeclampsia, there must have been a violation of the standard of care by a medical professional, resulting in harm to the mother or child. This means that the doctor’s actions (or inaction) fell below the accepted medical standards, and this directly caused the stillbirth.

Examples of Medical Negligence in Preeclampsia Cases

Failure to monitor blood pressure: Neglecting to regularly check blood pressure during prenatal visits.
Failure to recognize symptoms: Ignoring or dismissing symptoms of preeclampsia reported by the patient.
Failure to perform necessary tests: Not ordering urine tests, blood tests, or ultrasounds to assess the mother and baby’s condition.
Delayed or improper treatment: Failing to prescribe appropriate medication or recommend timely delivery when preeclampsia is diagnosed.
Inadequate monitoring: Not closely monitoring the mother and baby in the hospital when preeclampsia is severe.

Legal Elements of a Medical Malpractice Claim

To win a medical malpractice case related to preeclampsia and stillbirth, you must prove the following elements:

Duty of care: The healthcare provider had a professional obligation to provide competent medical care.
Breach of duty: The healthcare provider’s actions or omissions fell below the accepted standard of care.
Causation: The healthcare provider’s negligence directly caused the stillbirth.
Damages: The family suffered damages as a result of the stillbirth, such as medical expenses, funeral costs, and emotional distress.

What to Do If You Suspect Medical Malpractice

If you believe that your baby’s stillbirth was due to missed or mismanaged preeclampsia, it’s essential to take the following steps:

Gather medical records: Obtain complete medical records for both the mother and baby.
Consult with a medical malpractice attorney: An experienced attorney can review your case, assess whether medical negligence occurred, and explain your legal options.
Seek expert review: Your attorney may consult with medical experts to determine if the standard of care was breached.

Seeking Justice and Compensation

A preeclampsia lawsuit can help you secure compensation for the losses you, your child, or your family experienced due to preeclampsia-related medical negligence. If you file a lawsuit for yourself or on behalf of your injured baby, you may be entitled to compensation for things like:

Past and future medical expenses, including hospital bills, doctor’s appointments, medication costs, and physical therapy.
Lost wages if you were unable to work due to your preeclampsia complications or your child’s care needs.
Pain and suffering
Funeral and burial costs
Loss of consortium

The pain of a stillbirth is immeasurable, and knowing that it could have been prevented due to medical negligence only adds to the suffering. If you suspect that your baby’s stillbirth was caused by missed or mismanaged preeclampsia, seeking legal guidance is crucial. A medical malpractice attorney can help you understand your rights, investigate the circumstances surrounding the stillbirth, and pursue justice and compensation for your loss.