The loss of a child is one of the most devastating things that a parent can experience. A doctor’s mistake may be grounds for a medical malpractice lawsuit if the error results in a stillbirth. A doctor will be said to have acted negligently if they failed to provide treatment that met the appropriate “medical standard of care” under the circumstances.
In most cases, establishing the standard of care requires testimony from an expert medical witness. We consult with the best OB/GYN experts on your behalf who can offer an opinion as to the quality of care that most doctors would have provided in similar circumstances. For example, if the standard of care required the doctor to recommend delivery by cesarean section because of certain easily identifiable risks, failure to do so would likely be sufficient grounds for a medical malpractice case if the baby was harmed.
While no amount of money can replace a loved one, suing the party that caused the stillbirth can provide you with some measure of financial relief while also punishing the wrongful party. Parents should be compensated for their loss and defendants should be responsible for the damages they caused. In general, compensation for such cases include (1) Medical costs; (2) Burial and funeral costs; (3) Physical pain and suffering; and (4) Emotional pain and anxiety.
An experienced intrauterine fetal demise attorney will be able to assist you through the process and help you understand the complexities of litigation. The lawyer can gather the necessary evidence to allow the client to make an informed decision. Depending on the details of a case, an attorney can suggest the most appropriate way to proceed, provide ongoing assistance during settlement negotiations, and proceed to trial if necessary.
If you or a loved one has suffered a stillborn child, seek the counsel and advice of a law firm thoroughly experienced in the specific complexities of obstetric-related cases and proven in the courtroom. Medical Malpractice attorneys Nelson, Robinson & El Ashmawy, PLLC can clearly explain your legal options and handle the critical details associated with your case while you focus on your family’s recovery and well-being. If you have questions regarding such matters, please contact us by email or call us at (212) 962-1740 and let us help you protect your rights.