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May 19, 2017 by Brown Moore Law
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Stillbirth is a tragedy that occurs when a baby is born without signs of life after at least 24 weeks of pregnancy. The baby may die during the late period of the pregnancy or the child may die during the labor and delivery process. Stillbirth can leave parents devastated and, in some cases, the mother may be left suffering physical complications.
When stillbirth occurs, a child injury lawyer should be consulted for help. A medical malpractice claim may be brought against caregivers responsible for causing the baby’s death so parents can get compensation for medical expenses, loss of income, emotional distress, pain, and other damages.
Stillbirth may occur as a result of a genetic abnormality or chromosomal defect, including:
If the baby is deprived of oxygen during the birthing process and/or if a prolapsed umbilical cord cuts off a child’s oxygen supply, stillbirth is also a likely result.
In many situations, the tragedy of stillbirth could have been prevented if:
Treatment of mother and child during the late months of labor or an emergency delivery of the child could be life-saving for the baby and could prevent serious health complications for the mother.
Unfortunately, in many instances where stillbirth could have been prevented but wasn’t, the child loses his or her life as a result of medical errors made by the doctor providing prenatal care or overseeing the delivery. Healthcare providers who care for pregnant mothers and babies have enormous responsibility to carefully monitor the health of both the mother and child and to take prompt action if complications or problems occur.
Parents can hold doctors accountable not only for failure to act when complications develop late in the pregnancy, but also in some cases for failure to diagnose genetic abnormalities or defects early in the pregnancy process while parents still have options for the fetus. A mother who has to go through the birthing process to produce a stillborn child experiences significant physical and emotional trauma and care providers should be held accountable if they cause this to occur when it could have been prevented.
To make a claim for medical negligence when a stillbirth occurs, the parents must show the caregiver was unreasonably negligent or failed to fulfill an obligation to provide professional quality care. Physicians are expected to offer competent and professional medical advice, which is judged based on their backgrounds and medical experience. Doctors who fall short can be responsible for all resulting losses.
A Charlotte child injury lawyer at Brown Moore & Associates, PLLC can provide assistance to those pursuing a case for compensation when a stillbirth occurs. Give us a call at 844-452-3688 or complete our online contact form to learn how we can help you.