The loss of a child is an unimaginable tragedy that no parent should ever have to endure. When this happens because of negligent medical care, the pain and heartache of a stillbirth can be compounded by feelings of anger, confusion, and a desire for answers. At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we understand the profound grief and emotional turmoil that families experience in these devastating circumstances. Our hearts go out to you during this difficult time, and we are here to provide compassionate support and legal guidance.
How a Medical Malpractice Lawyer Can Help After a Devastating Loss
If you’ve suffered the heartbreaking loss of a child, the last thing on your mind may be legal action. However, pursuing a stillbirth lawsuit can be an important step in seeking justice, preventing similar tragedies from happening to other families, and securing financial resources.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we are here for life’s toughest trials. Our experienced trial attorneys have a proven track record of successfully resolving complex medical malpractice claims, including those involving stillbirths and fatal childbirth injuries. We understand the sensitive nature of these cases and approach them with the utmost care and dedication.
Our law firm has recovered more than $4 billion for our deserving clients, including numerous multimillion-dollar recoveries in medical malpractice lawsuits and wrongful death claims, such as an $8.9 million financial recovery for an infant who suffered brain trauma during labor and delivery caused by doctors’ failure to recognize a non-reassuring fetal heart rate. These results demonstrate our commitment to holding negligent healthcare providers accountable and securing the compensation our clients deserve. While no amount of money can ever replace your loss, it can help provide for your family’s future and ensure that you have access to the resources you need to heal.
How Medical Malpractice Can Result in Stillbirth
According to the March of Dimes, a stillbirth occurs when a baby dies before or during delivery, typically after 20 weeks of pregnancy. Many stillbirths can be avoided with proper medical care and monitoring. Understanding the causes of stillbirth and when it may be the result of medical malpractice is crucial for families seeking answers and justice.
Various factors can contribute to stillbirth, including:
- Placental problems
- Genetic or chromosomal abnormalities
- Maternal health conditions (e.g., diabetes, high blood pressure)
- Infections
- Umbilical cord complications
- Growth restriction
- Pre-existing medical conditions
Substandard medical care can lead to the tragic loss of unborn babies. Some examples of medical malpractice that may result in stillbirth include:
- Failure to monitor fetal movement and heart rate adequately during pregnancy or labor
- Delayed response to signs of fetal distress
- Mismanagement of maternal health conditions
- Failure to diagnose and treat infections or other complications
- Improper use of delivery tools or techniques
- Medication errors
- Failure to perform a timely C-section when necessary
If a healthcare professional failed to provide the standard of care expected in their field and this failure directly contributed to the stillbirth, you may have grounds for a medical malpractice claim.
How to Prove Medical Malpractice Caused Your Child’s Death
An experienced medical malpractice attorney can work closely with medical experts to review your case, identify instances of negligence on the part of medical professionals, and build a compelling argument demonstrating how a deviation from the applicable standard of care resulted in the loss of your unborn child.
To establish that a healthcare professional failed in their duty of care, your legal team must demonstrate that their actions or inactions directly led to the stillbirth. Key evidence in these cases may include:
- Medical records – Medical records can reveal whether healthcare providers failed to properly and promptly respond to signs of fetal distress.
- Fetal monitoring data – Fetal monitoring strips, which track the baby’s heart rate during labor and delivery, can indicate whether there were any critical moments where intervention was necessary but not provided.
- Expert opinions – Medical witnesses, such as obstetricians or maternal-fetal medicine specialists, can provide insights into whether the care provided met the accepted medical standards.
- Witness testimony – People who were on the treatment team or observed appointments and the delivery process can provide valuable context about what happened.
- Pathology reports – Pathologists may test tissue samples to determine the presence of underlying diseases or deformities, which could indicate medical negligence.
- Internal communications – Records of interactions between healthcare providers involved in the birth process could reveal whether a communication breakdown led to poorly coordinated care.
- Hospital protocol – Hospitals and other care facilities should have clear protocols about patient monitoring, obstetric care, and emergency response. Any deviation from these protocols could suggest that the medical professional was negligent in the care they provided.
This evidence can help establish causation – the link between substandard medical care and stillbirth. Doing so is crucial to winning a medical malpractice lawsuit.
Pennsylvania has a two-year statute of limitations on medical malpractice claims, which begins on the day the malpractice last occurred or was first discovered. If you attempt to file a medical malpractice lawsuit after this deadline has passed, the defendant can move to dismiss the case as untimely, which the court will likely agree to do. While there are exceptions to this rule that could change the timeline for your case, it’s best to contact an experienced attorney immediately rather than jeopardize your right to accountability and justice.
Contact Our Trial Attorneys for a Free Consultation
If you have experienced the devastating loss of a stillborn baby and believe it may have been caused by medical malpractice, we are here to help. At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we understand the emotional and legal complexities of these cases and are committed to providing you with the compassionate support and aggressive advocacy you deserve.
Our experienced trial attorneys have the knowledge, resources, and dedication to take on even the most challenging medical malpractice cases. We are ready to fight tirelessly to uncover the truth, hold negligent parties accountable, and secure the justice and financial compensation you deserve.
Don’t face this difficult time alone. Contact us today for a free, confidential consultation to discuss your case with our medical malpractice attorneys and learn about your legal options.
BUSINESS INFORMATION
Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@erlegal.com
