seeking legal action for umbilical cord accident?

has anyone that has lost a child due to umbilical cord accident ever taken legal action against their doctors for not doing tests that would have revealed the knots and tangles? two weeks ago we lost our son at 37 weeks just 36 hours after a 'fine' 37 week check up. at that check-up i complained of extreme fatigue and nausea and was told by my dr. to go 'get a pedicure'.

i would love to hear people's stories of any legal action (successes, failures, etc.).

thank you in advance.

[RockRose]

holly,  first,  let me tell you that what you have gone through is probably the worst thing that will ever happen to you.  What a horror,  unimaginable to have a beautiful perfectly formed baby die so quickly - and nothing you could do about it.

But I really want to caution you about a lawsuit,  and the effect it might have on your recovery.  Lawsuits are very appropriate if you would need intense medical care that would financially devastate you (not the case here) or if the doctor was so remiss in his care that it's possible others will continue to be harmed by his ineptness.

At your check up,  was the baby's heart beating normally?   As far as I know,  a mother's nausea and exhaustion aren't symptoms of umbilical cord constriction.  I could be wrong but I've never heard that before, and googled it and couldn't find a correlation.  But again,   I could be wrong.

Nausea and exhaustion are very common in healthy mothers carrying healthy babies.  If your baby's heart rate was normal,  I don't think there's a reason the doc should have suspected an umbilical cord problem.  

Filing a lawsuit may make you think you'll feel better,  but I really don't think it will.  It will cause bitterness and resentment between you and your doctor during a time when you need to heal and feel healing love from your friends and family and medical care providers.  

The death of a baby is something that is unexplainable to me,  in the grand view of God's plan.  I just don't understand it.  But I do think it's often no one's fault.

Blessings for you in this hard time.

[alaysha]

I know that you are going through a hard time right now. But I have to agree with RockRose. Unless the doctor had done an ultrasound during the checkup there really wouldn't have been a way for him/her to be able to tell. Fatigue and nausea are normal symptoms and wouldn't be any real reason for concern. Like RockRose said did the baby sound like it had a normal heartrate?

[Cheyenne_08]

My baby was born at 31 weeks with the cord around his neck 6 times. Although he survived, the docs knew for 3 days that my son was showing signs of distress and did not even pay attention to the issue....finally, on the third day, they did a biophysical profile and found the cord around his neck. I didn't get my c-section until 6 hours later. Ashtyn has had countless problems ranging from developmental delays to brain damage visable on an MRI. We begin physical therapy on tuesday to help his tight muscles...and the docs have mentioned Cerebral Palsy as a possible cause of his problems.

I have NOT contacted a lawyer about this becasue I agree with the others, it is very hard to file malpractice suits. However, I will consult one if we get a CP diagnosis due to the extreme medical bills that are occuring due to his issues.  

I would shy away from a lawsuit unless there is clear evidence of negligence. Things like this happen, and it sounds like the doc really had no idea that was what was going on. I am sorry for your loss......Also, lawsuits against people like doctors are extremely hard to win and they take years......!!!!

[AndiJ78]

I had an experience where my doc not only did an NST because I was overdue and missed the indicators of a knotted cord, but did an ultrasound and missed it. a few days later when I was in labor, not only did his heart rate drop dangerously low throughout the final stages of labor, but my cord also prolapsed causing a double whammy for him. He came out of it, but I know it was in the back of my mind the "what if's"

After a quick google search after the NST, I found potential causes for what caused the NST readings and when he popped out, sure enough...there was a true knot. It didn't cause problems except during delivery, thank goodness, but other than the NST readings, i had no indicator anything was wrong. I was always sick (had hyperemesis)

So unless there was clear negligence as in my case where the doc ignored the results of the NST (showing decellerations after the contractions) and completely missed it on u/s immediately following the NST (though she noted massive pockets of fluid and was told about large movements, two factors that are linked to knotted cords), I don't know that there is cause for litigation.

My heart aches for you. I know you are angry and searching for the "why" and "how could this have happened" and this seems like the way to find those. But I do not know that legal action would make this hurt go away.

[peekawho]

It is actually not common for an ultrasound to show the presence of a cord around the neck, and less common for it to show a knot.
If someone has a high index of suspicion, and goes intently searching, a cord around the neck or knot might be demonstrated, but you'd have to have some reason to suspect it to go searching as intently as you would need to.

Fatigue and nause are not any indicator of fetal distress nor an impending cord accident.

Your situation is among the most heartrending of all bad pregnancy outcomes.  As Andi said, you are angry and sad and want a reason for this horrible tragedy, in order for it to make some sort of sense to you.

But the sad fact is that cord accidents probably comprise a large majority of "unexplained" fetal deaths, and there is no good way to prevent them.  30% of all normal fetuses have cords wound around the neck at birth, with no bad consequence at all.  If we did C/Sections on all of them, you would eventually risk the life of a mother from surgical complications.   Knots are found in many, very normal umbilical cords in uneventful births.

I wish you the very best, and hope that you find peace in your heart eventually.

[ImmortalOne]

I was so concerned about cord accidents when pregnant with Nadezdha at every ultrasound (which because I was high risk, was often); I specifically asked for a cord location review and for them to check things out.  Especially after my 2nd daughter had it wrapped badly.  I have to agree with the others however... a lawsuit is next to impossible without anything to back it up.  Fatigue and nausea are par for the course of pregnancy, especially fatigue in late pregnancy (and for some women, nausea for all 10 months).

I am sorry you experienced this loss, it is one of the hardest that a couple will ever face.  I know that doesn't help as it is intended to, however after having several miscarriages I can somewhat relate.  Hang in there, and if you need please seek assistance to help you get through this extremely painful and difficult time.  

[Linzola1]

Can I ask are there any symptoms of fetal distress other than the baby having less movement?

[holly888]

i appreciate everyone's response and will take it to heart. another thing i found in my online searching was the issue of frequent hiccups late in the pregnancy - dr. jason collins has done extensive research on this topic and says that and that more than three episodes of fetal hiccupping per day in late pregnancy may be indicative of a disruption in cord flow to the baby.

has anyone else out there experienced frequent fetal hiccups late in the pregnancy which resulted in a cord accident/death?

[mami1323]

I am so sorry for your loss.  My heart goes out to you.  My son had the hiccups all the time in late pregnancy.  He would hiccup daily for about 10 minutes straight.  I had no distress during labor and he was fine.  I'm not sure if there is a correlation.

[peekawho]

My babies all had frequent hiccups multiple times every day, with no bad outcome, but I am familiar with the issues involved that you are talking about, and certainly you can't go by one persons experience.

We see hiccups every day, and it is probably one of the most common things we notice when monitoring pregnant and laboring women.  It truly is very common.   If it were clearly indicative of fetal distress, we would probably have to intervene aggressively every time we notice it.   I work in a high risk OB unit right now, and we probably practice on the cutting edge of fetal care.  We take no action in any way, ever, for fetal hiccups.  
Research comes and goes, and it seems to point a different way every time.  This issue must not be well demonstrated at all, or we'd be using it every day in practice.  

When you have a tragic outcome as you did, its normal to remember common things that happened right before, and try to explain what happened.  I truly am sorry for what happened.  

[deanne11]

I am so sorry about what you went through.  In my recent pregnancies, my son had all sorts of problems, including distress at some u/s and NST.  They did not ever consider inducing me or give me a c-section...just close monitoring.  And this after 3 m/c in the past...and being high risk for having a still born.

My boy also had extremely frequent hiccups at the end....and a bunch of other things.  I was very very worried of a late term accident...especially one as you had experienced.  I had several issues towards the end but all went well.  

Even during labor their were times, the doc almost lost me.....

[Crritter]

I'm so sorry for your loss.  It has to be really difficult to go so far and then experience a loss.  I do however agree with the others, it is really hard to see a knot or cord like that on the u/s, and baby could have been fine when you went in for your appt.  My first son had the cord around his neck 3 times and it had to be cut before they could deliver his body.  He did not show signs of distress till the very end and we got him out quickly.  I was very sick at the end of my pregnancies too, it's just one of those things the last few weeks.  I was miserable from 36 weeks on with both my boys.  I would get counseling and take your time to grieve and heal.  I will be thinking happy thoughts for you, take care.

[Kim1989]

i was three days overdue when i gave birth to my son. when i was two days overdue the doctor wanted me to have a ultrasound to check the fluid level and measure him again. the fluid looked good and everything looked good. around 11 pm that night i started with contractions by 2am i was at the hospital. during every contraction i could see a very little dip in his heartrate. by the time they tried to increase my unsuccesful epidural for the second time his heart rate droped, around 8:30. 15 mins later i was on the operating table. by 9:02 my son was born. i was knocked out but they told my mom he was tightly wrapped around his cord.

so i had an ultrasound only 12 hours prior and they couldnt tell he was wrapped around his cord. she said everything looked great! well things wernt. but i felt horrible almost my entire third trimester. and my son had a lot of hiccupps.....he still does.

i am very sorry for your lost and my thoughts and prayers are with you

[Me2mommy2b]

I am so sorry for your loss.  My brother was born with a cord wrapped around his neck a few times.  He was born not breathing and by miracle the drs were able to revive him.  It's very rare when a baby survives the situation he was in.  This was 25 years ago and he's a smart, handsome man.   I know that it probably doesn't make you feel better but I do pray you find peace in your heart and heal quickly.

[carson01]

I am very sorry for your loss. My son had frequent hiccups throughout the last trimester of my pregnancy. I had a planned C-Section and when he was born the cord was wrapped around his neck 3 times. He had difficulties breathing and was in the NICU for 1 week on oxygen. He is now 16 months old and has asthma. We are frequently doing breathing treatments every time he gets a cold, which is often. I am not sure if the hiccups and cord are related and I did not really think about it until you mentioned it. Very interesting question and would like to know if these two are related in any way.

[tatorbug40]

I too am very sorry for your loss...  it is something that I can't begin to imagine...  my son also had hiccups VERY often at the end of the pregnancy, and I had no complications during the delievery, as far as I know the cord was fine (I had a c-section, planned)...  he still gets the hiccups very often and he is 3 months old...  my daugther (3 years) never got them during pregnancy or much after she was born...  I just figured it is just the difference in the child...  

again,  I am so sorry for your loss and I pray that you can find peace in this...  was this your first pregnancy?  my heart goes out to you and your family...  

[ImmortalOne]

Hiccups... damn all my babies had them.  Heck, Nadezdha had to be born with them I swear... during my pregnancy she had them horrible... And the only distress was caused by the induction...

[M2B]

I don't have any advice, but I am so so sorry that you went through that. You are in my prayers.