What is a stillbirth and can I file a birth injury lawsuit?
A stillbirth is when a fetus that has reached 20 weeks gestation or has a weight of 400 grams or more passes away before it is born. The passing of a fetus after 20 weeks gestation or with a weight of 400 grams or more is stillbirth, and not a miscarriage. In Arizona, families may be able to file a birth injury lawsuit if the stillbirth was caused by medical negligence. Medical negligence is when a medical professional fails to meet the standards of care for the patient and a medical injury results. The injury could be to the mother or to the baby in the case of a stillbirth. If a medical professional’s negligence is found to have caused the stillbirth, then the family can pursue a birth injury lawsuit. In some cases, the family may be eligible for compensation to cover medical and funeral expenses, as well as pain and suffering. For families who wish to pursue a birth injury lawsuit, it is important to consult with a qualified attorney who can help determine if they have a valid claim and can guide them through the legal process. It is also important for families to keep in mind that the process of filing a claim can take time, and the outcome of the lawsuit may not be known for a considerable amount of time.
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