What is a stillbirth and can I file a birth injury lawsuit?
A stillbirth is the delivery of a baby that has died in the womb before or during delivery. A stillbirth typically occurs after 20 weeks of pregnancy, and any pregnancy loss that occurs before 20 weeks is known as a miscarriage. In Texas, parents of a baby who has suffered a stillbirth can file a birth injury lawsuit under Texas law. The injury must have been caused by medical negligence, which is defined as the failure of a healthcare provider to provide a standard level of care when treating a patient. To prove medical negligence, a plaintiff must prove four key elements: duty, breach, causation, and damages. Duty refers to the obligation a hospital or doctor has to provide a standard level of care to its patients. Breach is when a doctor or hospital fails to fulfill their duty of care. Causation is the link between the breach of duty and the damages suffered. Damages are a measure of the losses that the injured party has suffered due to the medical negligence. If you believe your baby suffered a stillbirth due to medical negligence, you may be able to file a birth injury lawsuit in Texas. To do so, you should speak to an experienced attorney to discuss your case and understand your legal options.
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