What is a fetal death and can a parent file a birth injury lawsuit?
A fetal death occurs when a baby dies in utero, or before birth. The medical term for this is “fetal demise.” It can occur at any stage of pregnancy, from the earliest stages, known as a miscarriage, to late term stillborn births. When a fetal death occurs, the parents may be able to file a birth injury lawsuit. A birth injury lawsuit is a legal claim that seeks compensation for any damages suffered. These can include emotional distress, the costs of medical expenses, as well as pain and suffering. In Oregon, birth injury lawsuits must be filed within two years of the date of injury or death. It’s important to note that there is a limit to the amount of time that a parent can wait to pursue legal action. In Oregon, the parent who files the claim must be able to prove negligence on the part of any medical professionals involved in the delivery of the child. Negligence is defined as failing to act in a reasonable manner. This means that if the doctor or other medical personnel failed to provide the proper care and attention during the delivery, they could be held responsible for any injuries or damages suffered by the child. When a fetal death occurs, the parents may be able to seek justice and compensation through a birth injury lawsuit. In Oregon, the parent who is filing the claim must be able to prove negligence on the part of any medical professionals involved in the delivery. It is important to note that a claim must be filed within two years of the date of injury or death.
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