What is a stillbirth and can a parent file a birth injury lawsuit?

A stillbirth is when a baby passes away before or during birth. It is an extremely sad occurrence that can be emotionally distressing for parents, families, and friends. In Texas, a parent can file a birth injury lawsuit if their baby was injured or died due to a medical mistake or negligence during delivery. Medical errors can occur at any stage of a pregnancy, labor, or delivery. Common examples are failure to detect fetal distress, failure to order a c-section or provide timely medical intervention during labor, improperly using medical instruments such as forceps or vacuum extractors, or using excessive force which may lead to complications such as a skull fracture or brachial plexus birth injuries. A stillbirth is usually not considered a birth injury, as the baby has already died. However, if medical negligence or a mistake caused the death of the baby, a wrongful death/survival action may be filed. For example, if the doctor failed to diagnose a medical condition that could have been treated or if they neglected to provide timely intervention during labor, a lawsuit may be appropriate. Parents may file a birth injury lawsuit to seek compensation for medical expenses, lost wages, funeral costs, and other damages. It is important for parents to contact an experienced birth injury lawyer as soon as possible so they can pursue their rights and get the compensation they deserve.

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What is a stillbirth and can a parent file a birth injury lawsuit?

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