Can I sue a company or hospital when it comes to a death of an unborn child? 12 Answers as of April 16, 2014

I was 8 months and 2 weeks when I was given medicine by my ob/gyn doctor. Everything was good and normal with my pregnancy the whole 8 months and 2 weeks. I took the meds for 1 week and the next week after taking them, I had another appointment and my baby was dead.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If you can get a doctor to testify that the death was caused by the meds, then go for it.
Answer Applies to: Michigan
Replied: 4/16/2014
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Possibly, although death from an umbilical cord accident is also a likelihood. Other possibilities exist, as well, some pursuable, some not. The matter should definitely be discussed. What medication were you given?
Answer Applies to: Michigan
Replied: 4/16/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answer Applies to: California
Replied: 4/16/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You can sue, but can you win? It takes the opinion of a medical expert to answer that question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answer Applies to: Alabama
Replied: 4/16/2014
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
Have you obtained a second opinion from another doctor about the cause of your baby's death?
Answer Applies to: Illinois
Replied: 4/16/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    I doubt if your pregnancy was normal, otherwise the fetus would not likely have died. This is a medical question. ask the doctor to review your chart and ask him to explain and then answer your question.
    Answer Applies to: North Carolina
    Replied: 4/16/2014
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    Yes if you can prove that the death of your baby was due to negligence in terms of the medication involved. This would be a wrongful death case as your baby was close to full term. The issue that needs to be resolved is what was the medication and whether it was contraindicated for your baby. It will be important to determine from the autopsy or placental pathology the exact cause of death to determine if you can hold the doctor responsible.
    Answer Applies to: Ohio
    Replied: 4/16/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Answer: Without knowing the medicine or any autopsy results there isn't a way to answer your question.
    Answer Applies to: Iowa
    Replied: 4/16/2014
    Morrin Law Office
    Morrin Law Office | Robert A. Morrin
    I am so sorry to hear of your loss. As a father, that information was difficult to absorb. Whether or not you have a case for wrongful death medical malpractice will depend on whether or not the doctor failed to conform to the applicable standard of care that other similar doctors in this area would conform to. If you can find another doctor that believes your first doctor made a mistake in prescribing the medication then, yes, you may have a case worth bringing in court.
    Answer Applies to: Kentucky
    Replied: 4/16/2014
    Jules D'Alessandro | Jules D'Alessandro
    My condolences on the death of your child. I am sure this has been very traumatic for you. Yes you can sue anyone who may be responsible for the death of your child. Another doctor will have to be willing to testify that the use of the medication breached the standard of care and was the direct cause of the death.
    Answer Applies to: Rhode Island
    Replied: 4/16/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You would need to prove that the medicine caused the death. There is a possibility that the baby died for reasons other than the medicine.
    Answer Applies to: Idaho
    Replied: 4/16/2014
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