Can I Bring a Medical Malpractice Claim After a Stillbirth?

 Posted on November 04, 2021 in Birth Injury

When a woman is pregnant, the last thing she expects is her child’s life to end prematurely. Sadly, approximately 1 in 160 births is a stillbirth. If your baby died during pregnancy, you may be shocked and overwhelmed. You may be asking yourself if there was anything that could have been done to prevent your child’s death. Stillbirths occur for countless reasons. Sometimes, unavoidable genetic abnormalities are to blame for an infant’s death. Problems with the umbilical cord or placenta, infections, and preeclampsia can also cause or contribute to stillbirth.

If substandard medical care causes a stillbirth, the mother or father may pursue a medical malpractice claim against the responsible party. The parents may be entitled to financial compensation for their losses.

Stillbirths Caused by Medical Negligence

Doctors and other medical professionals are expected to meet the medical standard of care when treating patients and their unborn babies. If a medical professional fails to meet this standard and causes a patient’s injury or death, the professional may be liable for damages. Sometimes, the liable party is the hospital or medical facility at which the substandard care occurred.

Medical negligence can take many different forms. A doctor or medical facility may be liable for an infant’s death if:

• A Caesarean section (c-section) was needed to save the baby’s life, and the c-section was not performed promptly.

• A medical professional pierced the mother’s placenta or otherwise caused physical injury to the mother or baby.

• The hospital failed to take reasonable precautions to avoid maternal infection.

• The doctor or nurses overlooked signs of fetal distress such as excessive bleeding, abnormal fetal heart rate, abnormal blood pressure, or irregular amniotic fluid levels.

• A hospital or pharmacy made a medication mistake that caused the baby’s death.

• The medical staff failed to take appropriate action to prevent or treat a life-threatening medical condition.

Damages in a Stillborn Baby Medical Malpractice Case

The loss of a baby is a tragedy no amount of money could undo. However, a medical malpractice case may allow you to hold the responsible party accountable for your tragic loss. In addition to justice for your deceased infant, a medical malpractice case may allow you to recover compensation for damages. You could receive compensation for financial losses like funeral and burial expenses. You may also be entitled to compensation for non-financial consequences including your mental anguish, grief, and suffering.

Contact a Chicago Birth Injury Lawyer

If your baby died during pregnancy, labor, delivery, or shortly after birth, contact Birth Injury Law Alliance, Ltd. for help. Our experienced Cook County birth injury attorneys can help you understand your legal options and take the appropriate action. Call 312-462-4200 for a free consultation today.

Sources:

https://www.cdc.gov/ncbddd/stillbirth/facts.html

https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/6801203d-1e22-4942-85b4-7eabe8e89beb/31.00.pdf