When I Can Ask For A Stillborn Birth Injury Claim?
Childbirth is a wonderful event, but it can also be incredibly risky from a medical standpoint. There are often serious medical malpractice claims that arise out of childbirth procedures in the birthing process, in part due to the fact that a minor mistake can end up being catastrophic for a fetus or newborn. If your child was stillborn and you think it was due to a medical mistake, let us help. At Brown, Moore & Associates, PLLC, our stillbirth attorney in Charlotte will work to secure the compensation you are entitled to.
Providers have a responsibility
The US Centers for Disease Control and Prevention (CDC) says that stillbirth is the death or loss baby before the delivery process. Stillbirth is not the same thing as a miscarriage. A miscarriage typically defines the loss of a baby before the 20th week of pregnancy, while stillbirth is typically defined as the loss of a baby after the 20th week of pregnancy.
The CDC estimates that stillbirths affect nearly 1 out of every 100 pregnancies and that approximately 24,000 babies are stillborn in the US each year. There are various factors that increase the risk of stillbirth, including medical errors.
Medical mistakes and stillbirth
There are various ways that a medical malpractice case can arise due to a stillbirth. The mistake of a doctor or surgeon, including their failure to control certain risk factors, may be grounds for a malpractice lawsuit if they caused or contributed to stillbirth. Most medical malpractice lawsuits involving a stillbirth revolve around:
- Proving that a negligent medical error occurred, and
- Showing harm caused by negligence
If a doctor or other health care professional did not provide treatment at the appropriate medical standard of care under the circumstances, they could be held liable. In these instances, the standard of care should require a doctor to:
- Provide clean and safe facilities in order to prevent infection
- Identify internal structural abnormalities prior to the birth
- Identify any umbilical cord abnormalities prior to and during the birth
- Identify any risks associated with the case, including the mother’s health factors or previously failed pregnancy
- Recommend treatments for a mother and fetus in a timely manner
If it can be shown that a medical professional did not provide an adequate standard of care before or during the birth of a child, then a medical malpractice lawsuit should be initiated.
We can help secure the compensation you need
If you or somebody you care about gave birth to a stillborn child, and you think that the stillborn birth was caused by a medical mistake, seek legal assistance today. At Brown, Moore & Associates, PLLC, our team is ready to investigate your claims and work to secure any compensation you are entitled to. This can include:
- Compensation for all medical expenses related to the stillborn birth
- Pain and suffering damages
- Emotional harm damages
- Possible punitive damages in cases of gross negligence