What is a fetal death and can a parent file a birth injury lawsuit?
A fetal death is when a baby dies in the uterus before delivery. These types of deaths can occur any time during pregnancy, but usually happen during the later stages. Fetal deaths can occur due to a variety of issues, from genetics to medical negligence. It is possible for parents to file a birth injury lawsuit in California in relation to a fetal death. The lawsuit may involve either medical malpractice or wrongful death depending on the circumstances surrounding the death. If it is found that medical negligence or wrongdoing was involved during the pregnancy or delivery, then a family may be able to pursue legal action. This could involve a medical malpractice claim, which is based on a healthcare provider’s failure to uphold the standards of care. In the case of wrongful death, a parent may be able to pursue a claim if there is evidence that the death was due to the negligence of another party. Negligence can include errors in diagnosis, errors in treatment, failure to properly monitor the pregnancy or delivery, or any other type of error that could have been avoided. In either case, it is important to speak with a qualified attorney if you or a loved one has experienced a fetal death in California. A lawyer can help review the facts and evidence surrounding the case, and provide legal advice as to whether or not a lawsuit is advisable.
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