The Michigan stillbirth baby lawyers at Buckfire Law Firm understand the devastation that the loss of a baby has on a family. When a doctor or hospital makes a medical mistake that causes a stillborn baby, it may give grounds to file a medical malpractice lawsuit.
award-winning birth injury lawyers represent parents in medical negligence cases involving stillbirths. The key to winning a case is choosing a medical malpractice attorney with experience in cases involving medical mistakes that occur during pregnancy and at labor and delivery.
Our award-winning attorneys are skilled in the medical and legal aspects of these cases to achieve the maximum possible settlement. We will help you through these difficult and emotional times.
- What is a Stillbirth?
- What Are the Causes of Stillbirth?
- Can I Sue for a Stillbirth?
- How Much are Settlements in a Stillbirth Lawsuit?
- Contact a Michigan Stillbirth Lawsuit Lawyer Today
What is a Stillbirth?
A small percentage of miscarriages happen after 20 weeks of pregnancy. These miscarriages are called stillbirths. A stillbirth can also be called an intrauterine fetal death or antenatal death.
A stillbirth can happen before delivery, or during labor and delivery of the baby.
- An early stillbirth is a fetal death occurring between 20-27 weeks of pregnancy.
- A late stillbirth is a fetal death occurring between 28-36 weeks of pregnancy.
- A term stillbirth occurs between 37 or more completed weeks of pregnancy.
Regardless of when a stillbirth occurs, the loss is an emotional devastation for the parents of the lost baby. If the death was caused by medical negligence, you may be able to file a lawsuit.
What Are the Causes of Stillbirth?
Our medical malpractice attorneys will review the medical records, fetal monitoring strips, and other documents to determine the cause of your stillborn baby. We will get you the answers that you did not get from the medical professionals or the hospital.
There are several potential causes of stillbirth. Some stillbirths are caused by medical complications with the fetus and others are medical complications with the expectant mother.
With respect to fetal issues, the main complications causing a stillbirth include:
Fetal distress –happens when the baby does not receive enough oxygen through the placenta. It can happen during pregnancy but is more common during labor and delivery. If the baby is not properly monitored while in distress, it can result in a stillborn baby.
Fetal growth restriction – a fetus that grows too slowly is at risk of being stillborn. Doctors must monitor the growth and provide necessary treatment before the mother goes into labor.
Placental problems – the placenta is an organ that develops in the uterus and supplies oxygen and nutrients to the baby. Complications like placental abruption, placenta previa, placenta accreta, and retained placenta can deprive the baby of oxygen and lead to stillbirth. Doctors and nurses must look for these issues and respond quickly to prevent a stillborn baby.
Umbilical cord entanglement – if the umbilical cord wraps around the baby’s neck, it can essentially strangle the baby and cause death. There are key indicators that doctors and nurses monitor for this condition, and they must quickly eliminate the harm to save the baby.
There are other possible causes, like infections and even the adverse effects of drugs and alcohol consumed during a pregnancy that can lead to a stillborn baby.
For mothers, other health conditions can cause or contribute to the death of a baby. Examples include extended pregnancies, overmedication, illness and infections, and physical trauma. Other factors that affect fetal mortality include the age, race, and socioeconomic status of the expectant mother
Again, medical providers must be aware of these health conditions and take the necessary steps to prepare for the birth of the baby. The failure to act accordingly may be the basis for a stillbirth baby lawsuit.
Can I Sue for a Stillbirth?
You may be able to sue a doctor or hospital for a stillbirth if medical negligence caused the death of your baby. The main allegations in a stillborn lawsuit related to medical errors and mistakes during the pregnancy and at the time of labor and delivery. Common medical errors include:
- Not properly diagnosing complications that occur during the pregnancy
- Not ordering necessary tests when complications are known or should be expected
- Not referring the expectant mother to a specialist when serious complications become known, like a high-risk OBGYN with expertise and training in such complications
- Improperly interpreting fetal monitoring strips and other studies that result in either a delay in necessary treatment or no treatment at all
- Failing to recommend early delivery or a c-section to save the baby
Our stillbirth baby lawyers will review all medical records and consult with medical experts to determine if the baby’s death was preventable with proper care, monitoring, and treatment. If medical negligence was the cause of the stillbirth, we will file a lawsuit demanding compensation for the parents.
How Much are Settlements in a Stillbirth Lawsuit?
A stillbirth case is a wrongful death claim filed for the parents and baby. The damages in these cases include compensation for the pain and suffering of the baby prior to death, as well as the loss of society and companionship suffered by the family members. There is typically no economic loss related to the death, other than medical expenses and funeral and burial expenses.
In Michigan, there are caps (limits) on damages in medical malpractice cases. There are two distinct caps and the limits that apply are specific to the facts of each case. Our attorneys will review the records and determine which damages cap applies to your case. We will then work hard to maximize the settlement you receive under the appropriate cap.
If the mother also suffers her own physical injury or harm because of medical malpractice, she will have her own ability to file a lawsuit. The damages sought in her case will likely be separate and distinct from the stillbirth case, so there is often the opportunity to win multiple settlements on the same case.
The amount of a settlement is different in every case, and the same is true for a lawsuit filed for a pregnancy complication. There are several types of damages that can be claimed, and this is true for mother, baby, and the family of mother or baby that dies due to a pregnancy complication.
How are Lawyer’s Fees for Stillbirth Cases?
Our attorneys will represent you in your Michigan stillbirth case under our NO FEE PROMISE. This means that you will not be charged any legal fees whatsoever unless we obtain a settlement or recovery for you. You have absolutely no obligation for legal fees unless we win your case.
If we do not obtain a settlement for you, you owe us nothing!
Contact a Michigan Stillbirth Lawsuit Lawyer Today
Our experienced Michigan medical malpractice lawyers have the expertise and skill to prove all four elements of your pregnancy malpractice claim. We hire top national medical experts to review your records and provide medical opinions that will support and win your case.
Call us now to speak with one of our top-rated lawyers about your case. You can also submit the online Free Case Review form or chat with us online to get started on your case.
- 29000 Inkster Road
Southfield, MI 48034
- Phone: (248) 595-7544
- 19 Clifford St.
Suite 805 Merchants Row
Detroit, MI 48226
- Phone: (313) 992-8281
- 1001 Woodward Ave.
Detroit, MI 48226
- Phone: (313) 777-8482
- 343 S. Main Street
Ann Arbor, MI 48104
- Phone: (734) 888-3003
- 51424 Van Dyke Ave
Shelby Township, MI 48316
- Phone: (586) 250-2626
- 432 N. Saginaw Street
Flint, MI 48502
- Phone: (810) 818-8182