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Stillbirth Compensation Claims
Experienced Medical Malpractice Attorneys Helping Parents Recover Compensation for Stillbirth and Neonatal Death Claims
The loss of a child due to stillbirth is an unimaginable tragedy, leaving parents overwhelmed with grief and a host of unanswered questions. At TLF: The Medical Injury Law Firm, we extend our deepest sympathies to families coping with this heartbreaking experience. While no amount of compensation can ease the pain of losing a child, it is important to understand that in some cases, stillbirth may result from medical negligence. When healthcare providers fail to meet the expected standard of care, the consequences can be devastating.
TLF: The Medical Injury Law Firm, based in Cincinnati, OH, and Covington, KY, is dedicated to helping grieving parents in Northern Kentucky and Southwest Ohio pursue stillbirth compensation claims when medical malpractice is involved. Our experienced team is here to support you during this difficult time, ensuring that those responsible are held accountable while seeking justice for your loss.
To speak with an experienced Covington or Cincinnati medical malpractice attorney regarding your case, give us a call at (800) 698-4054 or reach out online for a free consultation today.
What is a Stillbirth?
A stillbirth occurs when an unborn child dies after the 20th week of pregnancy but before birth. In medical terms, stillbirth is classified into different categories based on when the baby dies during pregnancy.
Early-term stillbirth refers to the death of a baby between 20 and 27 weeks of gestation. Late-term stillbirth happens between 28 and 36 weeks of gestation. Full-term stillbirth occurs when a baby dies at 37 weeks or later, often close to or during labor.
Stillbirths can happen unexpectedly, even in healthy pregnancies, causing immense emotional distress for parents expecting healthy babies. Understanding the timing and causes of stillbirth is crucial, particularly when there may be medical factors that contribute to the baby’s death.
Neonatal Death vs Stillbirth
Stillbirths happen when a baby is born dead after the 20th week of pregnancy, meaning the baby has died in the womb before or during birth. On the other hand, neonatal deaths occur when a baby is born alive but passes away within the first 28 days of life.
The key difference between stillbirth and neonatal death is that in a stillbirth, the baby is never alive outside the womb, whereas in a neonatal death, the baby is born alive but succumbs to complications shortly after birth.
Of course, regardless of whether it is a stillbirth or neonatal death, this unfortunate event is devastating for families, and if medical negligence played a role, victims should be properly compensated for their unimaginable loss.
How Common are Stillbirths in the US?
In the United States, stillbirths are more common than many people realize. According to the Centers for Disease Control and Prevention (CDC), about 1 in 175 pregnancies ends in stillbirth, which translates to roughly 21,000 stillbirths each year. The causes of stillbirth can vary widely, including issues such as pregnancy complications, improper fetal monitoring, placental problems, cord problems, birth defects, and sometimes, unknown reasons.
While advancements in prenatal care have improved outcomes for many pregnancies, the risk of stillbirth remains a significant concern for expecting parents.
Can You Sue for Stillbirth?
Not all stillbirths are preventable or caused by clinical errors, but in cases where medical professionals breach the expected standard of care during pregnancy, labor, or delivery, it may lead to a medical negligence claim.
For instance, if doctors overlook signs of fetal distress, fail to diagnose treatable conditions, or don’t act quickly during complications, parents may have grounds to claim compensation for the child’s death.
These claims fall under the realm of medical malpractice, holding healthcare providers accountable for clinical negligence by failing to provide proper care that could have prevented the stillbirth.
Common Causes of Stillbirth Due to Medical Negligence
Sadly, there are a number of ways in which clinical negligence can result in a stillbirth. Some of the most common causes of stillbirth due to medical negligence include:
- Failure to Monitor Fetal Distress: Not detecting or addressing signs of fetal distress, such as the baby’s heartbeat being irregular, can lead to stillbirth.
- Untreated Maternal Infections: Missed infections like Group B strep, chorioamnionitis, or urinary tract infections can cause serious complications and can even lead to the baby’s death.
- Improper Management of High-Risk Pregnancy: Failing to diagnose, monitor, and treat conditions like preeclampsia, gestational diabetes, obstetric cholestasis, and placenta previa can potentially result in stillbirth.
- Delayed or Missed Diagnosis of Placental Abruption: When the placenta detaches prematurely, known as placental abruption, it restricts the baby’s oxygen and nutrient supply. A baby deprived of oxygen can suffer life-altering injuries and an increased risk of stillbirth (as well as potentially serious complications for the mother.)
- Umbilical Cord Problems: Failure to address issues such as a compressed umbilical cord can cut off oxygen, leading to fetal death.
- Failure to Perform a Timely C-Section: Delaying a necessary cesarean section during a high-risk labor can lead to preventable stillbirth.
- Inadequate Monitoring During Labor: Continuous fetal monitoring is crucial during labor, and lapses can lead to missed warning signs and critical delays.
- Medication Errors: Incorrect administration or dosage of medications during pregnancy or labor can compromise the mother’s health and cause fetal distress or other serious complications.
- Mismanagement of Preeclampsia: Preeclampsia, characterized by high blood pressure, can result in stillbirth if not carefully managed.
- Improper Use of Delivery Instruments: Misuse of forceps or negligent vacuum extraction can harm the baby, particularly in high-risk cases, contributing to stillbirth.
All of these types of negligence (and more) can give rise to medical malpractice claims if the stillbirth could have been prevented through proper care.
Medical Negligence Stillbirth Compensation
A stillbirth compensation claim is a legal avenue for grieving parents to seek justice when negligent treatment by healthcare providers leads to a preventable stillbirth. These claims aim to hold providers accountable when their actions or inactions result in a situation where a baby dies unnecessarily.
While not all stillbirths are preventable, cases involving wrongful death caused by failure to meet medical standards may qualify for compensation. A successful claim can provide support for both financial losses and psychiatric injuries associated with the loss, including medical expenses, emotional suffering, and other costs that arise from this tragic experience.
Proving Medical Negligence in Stillbirth Cases
In stillbirth cases involving substandard medical care, establishing medical negligence requires proving four key elements. We call these the 4 D’s of Negligence, which includes duty of care, deviation of duty, direct causation, and damages.
First, it must be shown that the healthcare provider owed a duty of care to the mother and baby, meaning they had a professional responsibility to provide appropriate and safe medical care.
Next, there must be evidence of a breach of duty, showing that the provider’s actions fell below the expected medical standard. The causation element then requires linking the provider’s breach directly to the stillbirth. In other words, it must be shown that a healthcare professional in the same or similar situation would not have made the same mistakes.
Finally, damages refer to the financial and emotional impact the event has had (and will continue to have) on the family, for which they may be claiming compensation.
Holding Medical Providers Accountable for Preventable Stillbirth or Neonatal Death
When families file a claim for a preventable stillbirth or neonatal death, it not only seeks justice for their loss but also serves as a powerful reminder to healthcare institutions to uphold higher standards of patient care. Legal claims can drive improvements in training, protocols, and patient monitoring, helping to reduce future instances of medical errors.
While no amount of money can replace a lost child, compensation provides critical support, helping families cover unexpected costs and easing financial burdens during a deeply challenging time.
Potentially responsible parties in a stillbirth claim include obstetricians, maternal-fetal specialists, ultrasonographers, nurses, hospitals, and other healthcare providers involved in the pregnancy, labor, and delivery. Each of these parties plays a critical role in providing safe care, and if their actions result in substandard care that directly contributes to the stillbirth, they may be held liable.
What Compensation Can Parents Recover in Stillbirth Cases?
Parents can seek compensation for a range of financial and emotional losses related to the loss of their stillborn baby. Most claims cover direct expenses like medical bills, lost wages, funeral costs, and counseling costs, which provide essential support for grieving parents.
Additionally, parents may recover damages for any psychiatric injury resulting from the trauma, of which there are typically plenty. This includes non-economic damages for things like pain and suffering, mental distress, and loss of enjoyment of life.
Stillbirth compensation claims work to acknowledge the profound emotional and financial toll that preventable stillbirths place on families, helping to alleviate some of the associated burdens.
How the Cincinnati and Covington Birth Injury Attorneys at TLF Can Help
At TLF: The Medical Injury Law Firm, our skilled Northern Kentucky and Ohio birth injury attorneys offer dedicated support to families who have experienced a stillbirth or neonatal death due to healthcare provider negligence.
Our team thoroughly investigates all aspects of your case, starting with a detailed review of medical notes, antenatal appointments, test results, and any other records related to your prenatal care. By analyzing these medical records, our attorneys can identify lapses or oversights by the healthcare provider that may have led to the tragic outcome.
From the initial consultation to the resolution of your case, TLF’s experienced attorneys are here to help you pursue justice, providing compassionate and skilled representation to ensure your voice is heard and that any responsible parties are held accountable.
What to Expect When You Contact TLF for Your Stillbirth Compensation Claim
When clients contact TLF for their stillbirth compensation claims, our compassionate team will guide them through every step of this sensitive process. We begin by thoroughly reviewing the circumstances surrounding your baby’s death and investigating any negligent care by medical staff that may have contributed.
To help build a strong case, we work closely with independent medical experts who can provide insight into whether the care met standard medical practices. Our experienced stillbirth and wrongful death attorneys have extensive experience negotiating with insurance companies and healthcare providers, aiming to secure a fair settlement that acknowledges the full impact of your loss. However, if a fair agreement cannot be reached, we are fully prepared to take the case to court, where we will fight aggressively for maximum compensation on your behalf.
At TLF, we prioritize your family’s well-being above all else, which is why we also offer our services with no financial risk to you, meaning you don’t pay unless we recover compensation for you. At every stage of the legal process, we’re committed to seeking justice and helping alleviate the financial burdens brought on by this tragic experience.
Contact TLF: The Medical Injury Law Firm for Help with Your Stillbirth Lawsuit
If you’ve experienced the heartbreaking and preventable death of a child due to medical negligence, the Covington and Cincinnati birth injury attorneys at TLF are here to help. We represent clients in stillbirth and neonatal death claims across both Northern Kentucky and Southwest Ohio, working tirelessly to secure compensation for losses such as funeral expenses, medical bills, emotional pain and suffering, and more.
We understand that no amount of money can ease the pain of this traumatic event, but holding negligent parties accountable can bring a sense of justice and help prevent similar tragedies. Contact TLF today for a free initial consultation and let us guide you through the process of seeking the compensation and support you deserve.
To get in touch, simply call our Ohio law office at (513) 651-4130 or our Kentucky law office at (859) 578-9130. You can also call us toll-free at (800) 698-4054 or send a message via our online contact form to get started today.
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We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.