Can You Sue a Doctor for a Stillbirth?

Biology is inherently messy and unpredictable, especially when it comes to pregnancies and childbirth. Nonetheless, there are situations where medical professionals can be held accountable for a stillbirth. This article aims to clarify the legal landscape in this context.

The Conditions for Suing a Doctor for a Stillbirth

Only in specific circumstances can a parent pursue legal action against a doctor for a stillbirth. To succeed in such a lawsuit, the primary requirement is that the doctor's actions were either directly responsible for the stillbirth or were grossly negligent. This means that you need to demonstrate that the doctor's conduct fell far below the reasonable standard of care under the circumstances.

What Constitutes Gross Negligence in Medical Practice?

The standard of care is the benchmark against which a doctor's conduct is measured. This standard can be difficult to define precisely, often requiring expert testimony. It is essential to note that even if a doctor's actions did not prevent the stillbirth, they must have been so far below the standard that no reasonable doctor would have made the same judgment calls under similar circumstances.

Consider the example of a true knot in the umbilical cord. In approximately 10% of cases, such a knot can lead to sudden death late in pregnancy. Despite advanced diagnostic tools, such as ultrasounds, sometimes such complications are not detectable. In your case, despite stellar care, the stillbirth was a rare and unfortunate occurrence that no expert could have predicted or prevented.

Legal Cases Involving Medical Malpractice and Stillbirths

Legal cases involving stillbirths and medical malpractice often require a detailed examination of the circumstances surrounding the pregnancy and the doctor-patient relationship. These cases can be complex, with multiple layers of evidence and expert testimony.

As an anecdote, I once empaneled as a juror in a case revolved around a mother losing her child or the child suffering serious injury during a complicated delivery. The attorneys involved in the case would interview potential jurors, asking questions like whether they had any training in CPR and whether they could forget standard CPR procedures under emergency conditions. This indicates the critical nature of such cases and the importance of a doctor's judgment in high-pressure situations.

In the case I was involved in, the parties settled before opening arguments. I was relieved as it sounded like the case would be challenging without a clear answer. If you are facing such a situation personally, it is a difficult and emotional process.

Proving Medical Negligence in a Stillbirth Case

Proving medical negligence in a stillbirth case can be challenging. You need to demonstrate that it was the doctor's actions or inactions that directly led to the stillbirth. It is important to remember that doctors can defend their actions by attributing the stillbirth to factors outside their control or to actions taken by the mother. Therefore, you will need a suitably experienced legal team to support your case.

A Few Key Points to Consider

You must prove that the doctor's actions were responsible for the stillbirth. The doctor's actions must be deemed grossly negligent, i.e., far below the standard of care expected. Expert testimony is often required to establish the standard of care and the reasonableness of the doctor's actions.

In conclusion, while suing a doctor for a stillbirth can be a viable option in certain circumstances, it is important to understand the complexity and challenges involved. If you are faced with a stillbirth and contemplating legal action, it is advisable to seek the guidance of experienced legal professionals.