Fetal Death

Which Prenatal Care Errors Can Lead to Fetal Death?

Doctors and midwives have a duty to watch for risks throughout pregnancy and act on them. Errors that can lead to fetal death include:

• Missing or not treating preeclampsia, high blood pressure or gestational diabetes
• Failing to monitor a high-risk pregnancy closely enough, including twin pregnancies
• Not tracking the baby’s growth or ignoring reports of reduced movement
• Prescribing a medication that is dangerous to the baby during pregnancy
• Failing to advise on known risk factors, such as weight, nutrition and foods to avoid

The American Academy of Pediatrics has reported on risk factors for fetal death, including maternal obesity and eating certain foods, such as raw milk products, during pregnancy. A doctor who fails to monitor and advise a patient on these risks may be responsible if that failure contributed to a stillbirth.

Can Families File a Claim After a Stillbirth?

In many cases, yes. Most states allow a claim for the death of an unborn baby, although many require that the pregnancy had reached a certain stage of development. In some states that do not allow this type of claim, the mother may still bring a claim for the severe emotional distress caused by the loss. These rules vary by state, so it is important to get advice early.

Answers usually come from the medical records. Fetal monitoring strips, prenatal visit notes, ultrasound reports and lab results show what the care team saw and when. An autopsy and an examination of the placenta can also help explain why the baby died. If you are able to, ask the hospital about these tests as early as possible, and request a full copy of the mother’s and baby’s records. A lawyer can obtain these records for you and have them reviewed by independent medical experts, so you do not have to face the hospital alone at such a difficult time.

Depending on what happened, responsible parties may include:

Doctors, Nurses and Hospitals

If a doctor, nurse or midwife was negligent during pregnancy, labor or delivery and that negligence caused the baby’s death, they and the hospital that employs them may be held responsible in a medical malpractice claim.

Property Owners

If a pregnant woman is injured on someone’s property, such as a fall caused by an unsafe condition, and the injury leads to the loss of the baby, the owner or manager of the property may be responsible. The rules depend on the state and on why the mother was on the property.

Negligent Drivers and Others

A driver whose negligence causes a crash that leads to a fetal death, or anyone whose carelessness causes a pregnant woman to fall or be injured, may be held responsible.

Product Manufacturers

If a defective product, such as a faulty vehicle part or a medication without proper warnings, contributed to a fetal death, the manufacturer and others in the chain of distribution may be held responsible.

For how wrongful death claims for children work, see our Child Wrongful Death Lawyer page.