What is a stillbirth and can a parent file a birth injury lawsuit?
A stillbirth is a pregnancy in which the baby dies before or during delivery. While there is no legal definition, the medical definition of a stillbirth generally includes any birth in which the infant is not alive after 24 weeks of gestation. In Colorado, parents of stillborn infants may be able to file a birth injury lawsuit, depending on the circumstances. If the stillbirth was caused by an act of negligence, malpractice, or careless behavior on the part of a doctor or medical staff, then the parents may be able to seek compensation for their losses. For example, if a doctor fails to provide appropriate medical care, or does not diagnose a medical problem that leads to the stillbirth, then the parents may have grounds for a birth injury lawsuit. Generally, the parents must prove that the medical staff was negligent or careless, and that their negligence or carelessness caused the stillbirth. If the parents can establish this, then they may be eligible for compensation to cover the costs of medical bills, emotional distress, lost wages, and other damages. It is important to note that many states have time limits for filing a birth injury lawsuit, so it is best to speak with a birth injury attorney as soon as possible to determine if you have a case.
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