A stillborn birth is one of the most devastating things that can happen to a family. Unfortunately, fetal death can occur for many reasons, including a birth injury. More sadly still, in many instances the birth injury might have been avoidable . The medical team responsible for the labor and delivery of your baby have a responsibility to monitor the safety of both the mother and child, and if they are negligent or commit medical malpractice results can be catastrophic. Mothers who have had stillborn birth may consider investigating the circumstances surrounding the delivery of their babies to uncover whether they have grounds to file a birth injury lawsuit.

Stillbirth lawsuit seeks justice

A family who has lost a child can never be fully compensated for their loss. However, successful birth injury lawsuits often result in millions of dollars in damages awarded to the surviving family. If a physician violates the standard of care by failing to recognize signs of fetal distress, he or she may be held liable for the birth injuries and ordered to pay.

Although technology has improved and stillborn births have decreased since the 1950s, an estimated 25,000 babies still fall victim to stillbirth in the United States on a yearly basis. Doctors and hospitals have a responsibility to respond to any and all contingencies that may arise during delivery.  There are standards that dictate protocol such as how to to alleviate shoulder dystocia, how to read the fetal monitor and ensure the baby is receiving enough oxygen, how to properly administer pitocin and other medications, and when to perform a c-section. When a physician fails to meet or deviates from any standard of care, a lawsuit can at the very least provide some financial relief, closure, and most of all- justice- to the families and babies who pay the ultimate price as a result.

What are the causes of stillbirth?

Fetal death may occur for any number of reasons including:

  • Failure to perform a C-section or C-section mistakes
  • Problems with the umbilical cord
  • Asphyxia- when the baby has no oxygen
  • Improper fetal monitoring,
  • Diabetic mother

If your baby died in childbirth, you may have a legitimate medical malpractice claim.  A birth injury lawyer at Balkin & Eisbrouch can help investigate the circumstances surrounding the birth of your baby and determine whether filing suit is warranted. We welcome any questions you have and look forward to hearing from you. Legal consultation is free and there is never a fee for our legal services unless we win your case.