Every state has its own laws regarding medical malpractice or wrongful death lawsuits resulting from a stillbirth. In a number of states the father has no standing to file a claim, only the mother can file a claim. In some states a mother can only pursue a claim for emotional harm due to the death of her baby if she also sustained a physical injury resulting from the same act of malpractice that lead to the stillbirth.
Imagine that a woman who marries in her forties and the couple agree to start a family. Because of their age, the couple starts trying to conceive a baby prior to the marriage ceremony. Once they are married they find that the wife is pregnant and that they will have a child together. They then learn that their baby will be a boy. They become so excited by the news that they select the baby’s name and they prepare a nursery for the baby in their house. The baby shower is attended by friends and family.
The wife does everything possible to keep the baby safe and healthy during the pregnancy. She only eats and drinks what is healthy for her baby. She takes her pre-natal vitamins. She does not miss any prenatal visit. She follows all her doctor’s orders and recommendations. Throughout the pregnancy testing showed a normally developing baby.
{When the mother reached {the end of her|full} term and it was time for the baby to be {delivered|born} she was admitted to the hospital for a vaginal delivery. Once in the delivery room she found that she was not able to push the baby through the birth canal. Believing that she would not be able to give birth to the child naturally, she asked the doctor to deliver her baby via C-section.~At full-term the expectant mother was admitted to the hospital for labor and delivery. Unfortunately, she was unable to push hert baby past the birth canal. Given the trouble she was having she requested that the physician perform a C-section in order to deliver the baby.~The woman reported to the hospital when she reached full term and it was time deliver the baby. After her admission she was taken to the delivery room for a natural delivery. As time progressed she realized that she could not get the baby past the birth canal. At this point she asked that her doctor discontinue further attempts at a natural childbirth and instead perform a C-section to deliver the baby.}
Testimony of what happened in the delivery room indicated that the physician was focused more on flirting with a nurse in the delivery room than on taking care of the mother and her unborn child. After the mother asked for the C-section the physician, rather than helping her through the situation, started calling her a coward and lazy. The physician said she was just trying to avoid the pain of childbirth. The doctor said she was not trying hard enough. The doctor even said she would never be a good mother.
The physician then chose to use a vacuum extractor to assist in the vaginal delivery. However, the doctor used the vacuum extractor incorrectly, crushing the baby’s skull. The child was stillborn. The excitement the parents had in anticipation of welcoming their first born child into the world was turned into pain and anguish. Further compounding the pain, the parents would not be able to conceive a child after this incident.
The law firm representing the parents took the matter all the way to trial. Through the use of expert medical testimony the law firm lawyer was able to introduce evidence that the physician had committed a medical mistake that resulted in the baby’s death. The attorney also helped the jury understand the pain the parents went through due to their baby’s death. The law firm reported that at the end of the trial the jury awarded the parents ,000,000.
After the trial the defense filed an appeal. The verdict was upheld by the Appeals Court which held that, under their state law, the mother could recover for emotional anguish for the loss of her child without having to have suffered a physical injury. The Appeals Court found that the pain experienced by the parents by the loss of their baby and the inability to have another child justified the amount of the verdict. The jury award of ,500,000 for mother and father each was thus fully upheld.
A birth injury attorney should not only have the experience and skill to handle the many complex legal and medical issues involved but should also understand that any case involving a stillbirth is tragic and that the parents deserve to be treated with empathy and respect.
Tags: stillbirth, stillborth