What is a stillbirth and can I file a birth injury lawsuit?
A stillbirth occurs when a baby dies in the womb during any stage of gestation, or during labor and delivery. Stillbirths can occur from natural causes, congenital anomalies, or from the negligence of a health care professional during labor and delivery. In Tennessee, parents of stillbirths may be able to file a birth injury lawsuit if they can prove that the medical negligence of a health care provider (such as a doctor or nurse) was the cause of the baby’s death. It is important to recognize that in these cases, the parents are not filing a wrongful death lawsuit, but rather a birth injury lawsuit. This means that they must prove that the medical negligence of the health care provider directly caused the baby’s death, which can be difficult. In most cases, the parents would need to hire a lawyer who specializes in birth injury cases to help them determine if they have a case and then guide them through the process. The lawyer would need to review the medical records, interview witnesses, and investigate the situation to determine if the medical negligence of the health care provider was the cause of the stillbirth. If the lawyer finds that the medical negligence of the health care provider did cause the stillbirth, the parents may be able to file a birth injury lawsuit and seek compensation for medical costs, funeral expenses, lost wages, and pain and suffering. The amount of compensation will vary depending on the circumstances of the case.
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