Stillbirth Lawsuit

Stillbirth means the baby dies later in the pregnancy. Cleveland Clinic defines it as fetal death at or after 20 weeks of pregnancy.

It can also happen before labor or even during delivery. The timing may matter in a clinical or legal review.

The federal government has also supported initiatives and efforts to prevent stillbirth and improve research. The Maternal and Child Health Stillbirth Prevention Act of 2024 amended the federal law in support of this.

This law does not mean a family has a malpractice case. It supports efforts to better understand and prevent stillbirth.

The reasons behind a stillbirth can vary a lot. Doctors can sometimes find out what caused it. Other times, testing still leaves the cause unknown.

Possible causes and risk factors may include any of the following:

• Placenta troubles

• A baby not growing as expected

• Illnesses or health issues affecting the mother

• Serious infections

• Chromosomal and genetic changes

• Umbilical cord complications

• Injury or trauma

• Complications with twins or multiple babies

• Lack of oxygen during delivery and/or labor

Fetal growth restriction is often hard to notice. One study has found that most cases of fetal growth restriction connected to stillbirth were not detected before birth.

Research has evaluated the risks that are tied to both the mother and the baby. A U.S. study estimated that a high maternal BMI was associated with 15% of late stillbirths. Small-for-gestational-age infants were associated with 38% of late stillbirths.

Those findings show an association, but not the cause of one specific loss.

A global review has reported causes such as bleeding before birth, infection, low oxygen around delivery, and placental problems. Some cases still had no apparent explanation.

MedlinePlus noted that some stillbirths may be preventable, but many are not.

The National Institute of Child Health and Human Development explained that stillbirth can happen even without obvious warning signs.

One study has found that about one-quarter of stillbirths remained unexplained after a full evaluation.

When the cause is not defined, the medical records may help piece together what happened. This evidence may help identify any missed warning signs.

Is a Stillbirth Caused by Medical Negligence?

Not all stillbirths are associated with medical negligence. Some may occur even when the mother and baby already received proper care.

Malpractice questions may also come up when warning signs were missed, or if necessary care was delayed. Fetal distress is another example of this. The medical records can help explain how the medical team responded.

Research on fetal distress and malpractice has assessed claims where doctors missed signs that a baby was in distress or did not respond in time.

Timing can be important to look into when a C-section is needed. Medical research has examined birth injuries. That research focused on delays in performing a medically indicated C-section after fetal compromise was recognized.Maternal complications may also matter. A court decision involved claims that an issue was not caught or treated in time.

Labor care may also be relevant. A case involved concerns about how a long or difficult labor was monitored and handled.

None of these situations directly prove that a stillbirth could have been prevented. In a malpractice case, the evidence would generally need to connect the care with the loss. The evidence must also show that different care likely would have changed the outcome.

Much of the initial work will happen before the case proceeds to court. The legal team will review the medical records, and this will help build a timeline. The cause of death may need a closer medical review.

The process may vary state by state. This may also depend on the kind of claim that is being made.

1. Free Case Review

The first call usually begins with the pregnancy and delivery. The lawyers may ask about prenatal care, known risks, fetal monitoring, and what the doctors said.

You do not need to remember or know everything. Hospital records can help fill in the details that are missing.

2. Investigation & Gathering Evidence

Next, the legal team would look closely at the medical records. They would focus on what the doctors and nurses knew at the time.

The records may show delays, missed care, or signs that earlier action could have made a difference.

Evidence may consist of:

• Prenatal records

• Ultrasounds and test results

• Fetal heart rate strips

• Labor and delivery notes

• C-section or surgery records

• Autopsy or placenta results

• Staff messages

• Statements from people who were there

• Hospital procedures

• Counseling or follow-up records

These records can help explain what happened. A federal appeals court opinion shows how prenatal and delivery records may be used in reviewing a possible negligence claim.

Medical testimony may also be needed. In one birth injury case, medical testimony has addressed the standard of care. It addressed whether a departure from that standard caused or contributed to the injury.

In a stillbirth case, medical professionals may check whether the earlier monitoring, diagnosis, treatment, or delivery would likely have avoided the death or harm.

3. Filing the Lawsuit

The complaint can name the providers or facilities alleged to have been negligent once the investigation finds enough information. It then describes the alleged medical failures and what damages the plaintiffs are seeking.

The exact requirements for filing a stillbirth lawsuit will depend on state law. Some jurisdictions will require a medical certification.

A complaint is only an allegation at this stage of the process. Filing it would not immediately mean that negligence has been proven.

4. Negotiating a Settlement

Settlement discussions may begin after both sides review the evidence. Medical records and expert opinions may shape what happens next.

If they still disagree, the case may proceed to trial.

5. Trial (If Necessary)

Some cases do not settle. If the case proceeds to trial, both sides can present the medical records and other evidence they have. The evidence may also include eyewitness testimony and opinions about the standard of care.

The family may also argue that earlier monitoring, diagnosis, treatment, or delivery would likely have prevented the stillbirth. The defense may say that the death was caused by a severe complication that could not have been predicted or avoided.

The judge or jury will then review the given evidence based on the law that applies to the case.

Stillbirth settlements don’t have a set value. State law can be influential, as it affects what losses a family may claim.

Damages may include the costs of the burial, counseling, lost income, and other allowed losses.

Wrongful death rules vary by state. Past cases do not predict what another family may receive.

Average Stillbirth Settlement Amounts

There is no exact set amount for a stillbirth case. The value can depend on state law, medical evidence, insurance coverage, and the losses allowed.

A national study has reviewed malpractice payments that involve stillbirth and miscarriage over 20 years.

That study does not tell a family what their own case is really worth. Damage limits and wrongful death rules may influence what they may recover.

Notable Stillbirth Case Verdicts

Stillbirth cases can involve several clinical issues. Labor may stall, an infection may be overlooked, or a C-section may have come too late.

The hospital may argue that the emergency could not have been predicted. Past verdicts can give context, but they do not exactly tell you how a new case will end.

Factors That Affect Case Value

The medical evidence may vary from case to case. Some cases may show missed warning signs or delayed care. Others may still have no clear or identifiable cause.

Experts may look at whether earlier care could have changed the outcome.

State law may affect what a family may claim. The stage of pregnancy, insurance coverage, and damage caps may matter too.

Complex cases can also be much more expensive to investigate and process. Complex medical evidence and pathology review, and even the testimony from several medical experts, can affect the case. It can impact whether a case is practical to pursue.

Families do not need to understand exactly what happened before asking for a review. A stillbirth lawyer may review the prenatal records. This may also include the timeline of labor, fetal monitoring, and medical decisions that are related to the loss.

Choosing a law firm for a stillbirth lawsuit is not easy. Families may want to ask how the firm reviews hospital records and medical reports. They may also want to know how state wrongful death laws could affect the case.

You can ask if the firm has handled cases where the cause was unclear. A careful examination of this starts with the records and the facts. Lawyers shouldn’t presume negligence even before reviewing the evidence.

Families get a chance to share their story. They can also find out what legal options they have.

Get a Free Consultation for a Stillborn Lawsuit