What is a stillbirth and can a parent file a birth injury lawsuit?
A stillbirth is defined as the death of a baby before or during birth. Stillbirths can happen at any point in the pregnancy, but the risk is highest in the third trimester. In New Jersey, 1 in 160 babies are stillborn each year. A parent may be able to file a birth injury lawsuit if the stillbirth was caused by medical negligence or malpractice. This would mean that the medical care provider failed to provide a reasonable standard of care, and the stillbirth was a result of that negligence. If a parent is able to prove that the stillbirth was caused by medical negligence, they may be able to seek justice in the form of a birth injury lawsuit. In New Jersey, the statute of limitations for filing a birth injury lawsuit is two years from the date of the injury, so it is important to act quickly. If a parent manages to prove that the medical care provider was negligent in their duties, they may be able to receive financial compensation to cover the damages they have suffered due to the stillbirth, such as emotional distress, medical bills, and lost wages. No matter the outcome of the birth injury lawsuit, filing one can help bring closure and justice to the parents in a difficult and tragic situation. If you believe that the stillbirth of your child was caused by medical negligence, you should contact an experienced birth injury attorney as soon as possible to discuss your legal options.
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