What is a stillbirth and can a parent file a birth injury lawsuit?
A stillbirth is an event that happens when a baby is born dead after the 20th week of pregnancy. This is considered a birth injury or a neonatal death in the medical community. In most states, including Tennessee, if a baby dies during the birth process due to medical negligence, the parents may be able to sue the physician or hospital responsible for the birth injury. This is known as a birth injury lawsuit. These types of lawsuits can be highly complex because they require proof that the medical team involved acted negligently or failed to provide proper care during the delivery of the baby. In order for a birth injury lawsuit to be successful, the parents must be able to prove that the medical team involved failed to provide the required standard of care in order for the baby to be delivered safely. If the medical team caused the baby’s death either through negligence or failure to provide the appropriate medical treatments, then the parents may be able to recover damages for their loss. It is important to note that a stillbirth in and of itself is not considered a birth injury. It is only when medical negligence is a factor that a birth injury lawsuit can be filed. If a stillbirth had no medical cause or negligence, then a birth injury lawsuit may not be possible. It is important to consult an experienced attorney to determine if a birth injury lawsuit is applicable to a particular case.
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