Stillbirth is a term for the delivery of a fetus that shows no signs of life. The majority of states in the United States use the twentieth week of gestation as the threshold for distinguishing a stillbirth from a miscarriage.
All stillbirth deaths deaths are a tragedy, but knowing the loss of your child was avoidable makes it even more tragic. If you have experienced the pain of stillbirth and believe it was caused by medical negligence, contact an experienced lawyer to discuss whether making a still birth claim is the right course of action for you.
Causes of Stillbirths:
- Placental abruption: The placenta detaches from the all of the uterus and prevents the baby from getting the necessary nutrients and oxygen they need to survive.
- Hypertensive disorders: High blood pressure can be dangerous for both the mother and baby, and is one of the known factors in some stillbirths.
- Lack of oxygen: Babies rely on the placenta and umbilical cord for oxygen. It is possible for stillbirths to result from lack of oxygen in the womb or during a traumatic labor.
- Fetal genetic/structural abnormalities
- Maternal or fetal infection
- Umbilical cord abnormalities
What is Stillbirth Negligence?
Stillbirth negligence occurs when medical professionals fall below the acceptable standard of care for their patients. A doctor’s mistake, including failure to control for a risk factor, could be grounds for a medical malpractice case. Examples of stillbirth negligence includes:
- Failure to refer a mother for appropriate assessment if she is at higher risk.
- Misinterpreting test or scan results.
- Failure to identify and treat a maternal infection.
- Inadequate antenatal monitoring of a baby’s development.
Stillbirth Compensation Claims
The amount of compensation you receive will depend on various factors, including the proportion your negligent care is considered to have contributed to your stillbirth.Different damages are available in different states, but can include: pain and suffering, cost of medical bills, and emotional harm.
Why You Should Not Delay in Consulting an Attorney
Many birth injuries are preventable and are caused by doctor malpractice. Indiana law imposes strict deadlines (also called “statutes of limitations”) in medical malpractice cases that will forever bar the claim if it snot filed in a timely manner. The law relating to the deadline can be exceedingly complex; therefore, one should not delay in consulting a qualified medical malpractice attorney to determine the applicable statute of limitations and review the cases.
Legal Help for Birth-Related Medical Malpractice
If it can be shown that the medical staff did not act appropriately when a potential problem was present, or it can be shown that they did not act in a manner that is consistent with established medical practices, they may be held responsible for medical malpractice.
If you believe that your child has a birth-related illness due to medical malpractice, contact us to have an experienced lawyer review your case. Your family deserves to be compensated for your child’s injuries.