What is a stillbirth and can a parent file a birth injury lawsuit?
A stillbirth is the death of a baby inside the womb after 20 weeks of gestation. This is different than a miscarriage, since a miscarriage occurs before the 20th week. Unfortunately, stillbirths are increasingly common in the United States, with about one in every 160 pregnancies ending in this way. In Washington, any parent who has experienced a stillbirth may be able to file a birth injury lawsuit. To do so, the parent must be able to prove that the injury or death of the baby was caused by medical negligence or malpractice. This means that a doctor or nurse failed to take appropriate action or made a mistake that led to the stillbirth. If a parent is able to prove negligence or malpractice, they may be eligible to receive compensation for any medical expenses incurred as a result of the stillbirth. Additionally, parents may be entitled to receive punitive damages if they can further prove that the medical professional was wilfully negligent or reckless in their care. It is important to be aware that Washington state has a statute of limitations in place for filing a birth injury lawsuit. This means that you cannot file a lawsuit more than three years after the birth of the baby or the discovery of the injury. For this reason, it is important to speak to a lawyer as soon as possible if you have suffered a stillbirth and believe it was due to medical negligence.
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