What is a fetal death and can a parent file a birth injury lawsuit?
A fetal death is when a baby dies before delivery. This usually happens during a woman’s third trimester of pregnancy. A birth injury lawsuit can be filed when a baby dies due to the negligence of another party, such as a doctor, nurse, or other medical professional. In Texas, parents are allowed to sue when the medical professional owed a duty of care to the patient and failed to provide that care. When a medical professional makes a mistake that results in a fetus dying, the parents can file a birth injury lawsuit. This lawsuit is intended to seek financial compensation for the wrongful death of the fetus. The family can seek damages for pain and suffering, medical bills, funeral expenses, and other costs associated with the death. In Texas, there are no caps on the amount of money that can be awarded in a settlement or through a jury verdict. It is important to note that filing a birth injury lawsuit does not guarantee that the family will win their case. It is the responsibility of the parents to prove that the medical professional was negligent and that their negligence resulted in the death of the fetus. The parents must also demonstrate that their baby suffered some amount of damage or injury, and that these damages have caused financial and emotional distress. An experienced birth injury lawyer can help the family prove their case and seek the compensation they deserve.
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