What is a stillbirth and can a parent file a birth injury lawsuit?
A stillbirth is a term used to describe a baby that has died while in the womb or during delivery, after the 20th week of pregnancy. In California, a stillbirth may be defined as any fetal death occurring after 20 weeks from the first day of the mother’s last normal menstrual period (LNMP). If a baby dies due to the negligence or malpractice of a medical professional, then the parent may be able to file a birth injury lawsuit. A birth injury lawsuit is a civil case in which the parent holds the medical professional or medical institution responsible for the injury or death of their baby. For a parent to file a birth injury lawsuit in California, they must prove that the medical professional did not provide the standard level of care that another medical professional would have provided in that same situation. To do this, a parent must provide evidence that the medical professional or institution was negligent in the care of their baby, which led to the baby’s injury or death. In California, a parent may also be able to receive financial compensation for their loss in a birth injury lawsuit. This may include reimbursement for medical expenses, funeral and burial costs, loss of income, pain and suffering, and other damages. It is important for parents to research and understand the laws and regulations surrounding birth injury lawsuits in California to ensure they are represented properly and that any potential case is successful.
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