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Is It Possible To Sue For A Stillbirth?

Dec 22

Can You Sue For A Stillbirth In Certain Circumstances?

The sorrow and grief that a family will experience when a child is stillborn will be severe and life-changing. In the aftermath of a stillbirth, you may be seeking justice and closure in any way you can, which may include taking legal action against the medical team that aided with the pregnancy, labor, and delivery. However, can you always sue for a stillbirth?

The World Health Organization (WHO) and other health and safety groups think that with proper medical treatment, most stillbirths may be avoided. However, not all of them are easily avoided, nor can they all be traced back to a significant medical error. A medical malpractice claim or lawsuit can only be filed if a stillbirth happened as a result of medical misconduct that another medical professional in the same scenario would have prevented.


Risks That Increase Your Chances Of Having A Stillborn Baby

There are certain variables that increase the chances of a stillbirth. Trained medical experts can identify these risk factors and take necessary steps to limit the risk of serious consequences for the mother and child, including stillbirth.

Stillbirths are frequently linked to:

  • Complications with the umbilical cord, such as strangling during childbirth.
  • During labor and delivery, placental abruption can occur.
  • During pregnancy and delivery, look for signs of fetal distress.
  • Obesity and blood pressure problems in a pregnant woman.
  • Existence of past stillbirths, particularly within the last several years.


If these risk factors should have been properly detected and addressed by medical practitioners caring for a pregnant mother and her unborn child, medical malpractice may occur. For example, if pregnancy difficulties were discovered before to birth but nothing was done, an obstetrician may be judged negligent. If the infant's vital signs fell after delivery owing to suspected umbilical chord strangling, but no prompt steps were made to safeguard the child, the doctor might be found responsible.

Medical negligence, once again, arises only under specified conditions. Another medical professional would almost certainly have been able to avoid making the same mistake. Furthermore, the error has to be serious enough to be the direct cause of the stillbirth.


How To File A Lawsuit For A Stillbirth

In most stillbirth lawsuits, the initial step is to talk with a lawyer who specializes in birth harm claims. All of the elements that must be present in a case to validate a medical malpractice claim might make determining what to do next on your own quite challenging. However, with a lawyer in charge, you may focus on mourning and healing while they figure out the next steps.