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Understanding the Failure to Diagnose
For many expectant parents, the term “Vasa Previa” is unknown until it is too late. You may have experienced sudden, painless bleeding or a rupture of membranes that turned a routine delivery into an immediate emergency. Terms like “fetal bradycardia” or “emergency C-section” likely followed. Now, you are seeking answers about why this condition was not detected earlier.
At Jorge L. Flores, P.A., we understand that Vasa Previa is a detectable condition with vastly different outcomes depending on diagnosis. When identified prenatally, the survival rate is approximately 97%. When undiagnosed, fetal mortality can reach 60% or higher due to rapid exsanguination. If your medical team missed warning signs that should have been caught, you may have grounds to file a vasa previa malpractice claim.
We serve families in Miami-Dade, Broward, and throughout Florida who need answers about their tragic loss or injury.
The Medical Standard: Diagnosis Before Delivery
Vasa Previa occurs when unprotected fetal blood vessels run through the amniotic membranes over the cervix. Unlike normal vessels protected by the umbilical cord (Wharton’s jelly), these vessels are exposed. When the water breaks or labor begins, these vessels can tear.
The “Standard of Care” Checklist: Medical guidelines from the Society for Maternal Fetal Medicine (SMFM) and ACOG recommend targeted screening protocols:
- Risk Factor Assessment: Providers must identify patients with high-risk factors. Because a low lying placenta increases the likelihood of vessel exposure, assessing the link between placenta previa and vasa previa risk is a critical part of competent prenatal care.
- Color Doppler Imaging: The standard of care typically involves using Color Doppler ultrasound during the mid-trimester anatomy scan to visualize the umbilical cord insertion. Failure to utilize this tool can result in a missed diagnosis of a velamentous cord insertion.
- Planned Cesarean Section: If diagnosed, the standard protocol is to schedule a C-section at 34–37 weeks, before labor begins. Allowing a known vasa previa patient to labor significantly increases the risk of fetal vessel rupture and is considered a serious deviation from best practices.
The Injury Mechanism: Exsanguination & Asphyxia
When vasa previa is undiagnosed, the rupture of membranes often tears the fetal vessels, leading to:
- Rapid Fetal Blood Loss: The fetus has a small blood volume; even a small tear can lead to critical blood loss in minutes.
- Hypovolemic Shock: The fetal heart rate often shows a “sinusoidal” pattern on the monitor, indicating severe anemia and shock.
- Neurological Impact: Even with emergency delivery, the severe lack of oxygen and blood flow often causes Hypoxic Ischemic Encephalopathy (HIE), leading to Cerebral Palsy or cognitive disabilities in survivors.
Proving Malpractice Under Florida Law
In Florida, we must demonstrate that the failure to diagnose vasa previa constituted a breach of the standard of care that directly caused the injury or death.
1. The Breach: Missed Diagnosis
We investigate the prenatal ultrasound images with independent experts. Was the cord insertion site properly visualized? Our investigation focuses on specific errors, such as whether a radiologist committed malpractice by failing to report a clearly visible velamentous cord insertion.
2. The Expert: Affidavit of Merit
Florida law mandates a presuit investigation. We consult with independent Maternal-Fetal Medicine experts to re-examine your ultrasounds. A lawsuit is only filed if an expert confirms that the vasa previa was visible on imaging and should have been reported.
3. Causation: The “But For” Test
Building a successful undetected vasa previa lawsuit requires proving causation. We must show that but for the failure to diagnose, a scheduled C-section would likely have occurred, preventing the hemorrhage. The statistical difference in survival rates (97% with diagnosis vs. ~44-60% without) serves as strong evidence in these cases.
Securing Your Family’s Future
Whether you are seeking accountability for a wrongful death or funds for a surviving child’s long-term care, a successful claim can provide:
- Medical Resources: Coverage for NICU costs, blood transfusions, and lifelong neurology care.
- Rehabilitation: Funding for physical, occupational, and speech therapy for survivors.
- Wrongful Death: Compensation for the loss of a child, mental pain and suffering, and funeral expenses.
- Loss of Earning Capacity: If a surviving child will face permanent disability that prevents independent work.
FAQ: Vasa Previa & Legal Rights
Q: My doctor said vasa previa is “rare” and hard to see. Is that a defense? A: Vasa previa occurs in about 1 in 2,500 pregnancies, but it is detectable with modern ultrasound technology (Color Doppler). If you had known risk factors like IVF or a low lying placenta, the standard of care generally requires checking for it. “Rare” does not mean “invisible,” and rarity does not excuse a failure to screen high risk patients.
Q: Can I sue if my baby died from the hemorrhage? A: Yes. Florida law allows parents to pursue a Wrongful Death claim if the death was caused by medical negligence. While no compensation can replace a child, these claims hold providers accountable and help prevent future errors.
Q: Is there a deadline to file in Florida? A: Yes. Florida has a strict 2-year Statute of Limitations from the time you knew or should have known of the injury/death, with a 4-year Statute of Repose. Immediate legal consultation is critical to preserve ultrasound records before they are archived or deleted.
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Who created this content: This page was written by Jorge L. Flores, P.A., Florida Bar Member 53244, and was reviewed by our legal team for accuracy and compliance with current Florida law. AV Preeminent® rating since 2015.
How this page was prepared: The content was developed based on 30+ years of medical malpractice case experience in Miami-Dade County, a review of current Florida statutes, and adherence to Florida Bar advertising guidelines. Medical standards referenced were verified with board certified physicians.
Why this page exists: To provide Kendall residents with accurate, accessible information about their legal rights after medical negligence, and to explain the malpractice claims process in clear, understandable terms.
Last reviewed: 12 / 8 / 2025
Disclaimer: Past results do not guarantee a similar outcome. The information on this page is for general informational purposes only and does not constitute legal advice. Each case is unique and must be evaluated on its own merits.
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