What is a stillbirth and can I file a birth injury lawsuit?
A stillbirth is when a baby is born dead or passes away in the womb after 20 weeks of gestation, or prior to delivery. In Washington, if the stillbirth can be linked to medical malpractice or negligence, then a birth injury lawsuit can be filed. When considering a birth injury lawsuit in Washington, certain criteria must be met to prove that medical malpractice or negligence was the cause of the stillbirth. These criteria include, but are not limited to, a showing of a direct causal relationship between the injuries sustained and the degree of medical negligence. For instance, if a medical professional failed to diagnose an infection in the pregnant mother or failed to treat the infection in a timely manner, then this could be considered negligence. In cases of a stillbirth due to medical malpractice or negligence, a birth injury lawsuit can be filed to seek compensation for pain and suffering, medical bills, doctors fees, and other related expenses. Additionally, the parents may be able to file a wrongful death claim in which the parents are seeking compensation for the emotional distress of losing their child. It’s important to note that filing a birth injury lawsuit in Washington can be a long and complicated process, and it’s difficult to prove medical negligence. Therefore, it’s highly recommended to consult with an experienced birth injury attorney to review your case and determine if a lawsuit is right for you.
Related FAQs
What is the burden of proof for a birth injury claim?What is cerebral palsy?
What is neonatal asphyxia and how can it be used in a birth injury case?
Does birth injury law cover wrongful death cases?
What are the common causes of birth injury?
How is damages determined in a birth injury case?
What are the common causes of birth injury?
What is an obstetrical brachial plexus injury, and how does it affect a baby?
What is a birth asphyxia lawsuit?
What is the difference between birth injury and birth trauma?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023