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Kentucky Stillbirth / Wrongful Death Lawyers
Tough representations when medical malpractice causes the death of a child
When babies are born stillborn or die after just being born, the expectancy of a long life and a long bond between parent and child is forever broken. At Crandall & Pera Law, our birth injury lawyers hold obstetricians, hospitals, and other medical professionals liable when a child dies due to medical malpractice. We understand that no sum of money can compensate you for your child’s death. Our Kentucky stillbirth/wrongful death lawyers fight for accountability.
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Table of Contents
- What is stillbirth?
- What are the risk factors for stillbirth in Kentucky?
- Why should medical providers be held liable for stillbirths in Kentucky?
- How do you hold medical providers accountable for stillbirths in Kentucky?
- How much is a stillbirth claim worth in Kentucky?
- Do you have a Kentucky stillbirth/wrongful lawyer near me?
What is stillbirth?
According to the US Centers for Disease Control and Prevention (CDC), “a stillbirth is when a fetus dies in the uterus after 20 weeks of pregnancy.” Stillbirth is not the same as miscarriage. A miscarriage, in the US, generally refers to the “loss of a fetus before the 20th week of pregnancy.”
There are three classifications of stillbirth:
- Early. The fetus dies between 20 and 27 weeks of pregnancy.
- Late. The loss of a fetus between 28 and 36 weeks of pregnancy.
- Term. The death of a fetus at 37 or more weeks of pregnancy
What are the risk factors for stillbirth in Kentucky?
The CDC identifies the following risk factors for stillbirths – factors medical providers should know and work to minimize. While stillbirths happen to all races, ethnicities, and income levels and to women no matter their age, stillbirths are more common among women who:
- Are 35 or older
- Are of low socioeconomic status
- Smoke cigarettes while they are pregnant
- Have high blood pressure or other specific medical conditions
- Are pregnant with twins, triplets, or higher multiples
- Had a prior stillbirth
Why should medical providers be held liable for stillbirths in Kentucky?
At Crandall & Pera Law, we work with obstetricians and other physicians who understand what types of medical conduct and procedures cause stillbirths and how and when those causes are preventable.
Some of these causes include failing to understand the risks of stillbirth (discussed above) and taking appropriate actions such as advising the expectant mother to stop smoking, taking steps to monitor the health of the mother and child more regularly such as the mother’s blood pressure, and exercising other precautions.
Other causes of stillbirths include failing to anticipate, diagnose, monitor, and treat the following conditions that can cause a stillbirth or death shortly after birth:
- Any type of fetal distress, including abnormal heart rates, abnormal movements, and other dangers
- Preterm labor – labor before 37 weeks
- Placental abruption (the separation of the placenta from the uterus)
- Dangerous infections such as bacterial vaginosis, chlamydia, cytomegalovirus (CMV), fifth disease, untreated gonorrhea, group B streptococcus, and other infections
- The need for a timely and competent Cesarean section
- Insufficient flow of blood to or from the placenta
- Umbilical cord disorders such as nuchal cord and umbilical cord prolapse can prevent the fetus from getting nutrients, blood, and oxygen
- Genetic abnormalities/birth defects
- High blood pressure and other dangerous blood pressure difficulties, including preeclampsia.
- The proper use of forceps and vacuum extractors
- Anesthesia errors
- Medication dosage errors
- Pre-existing health problems in the mother such as obesity, diabetes, thyroid disorders, sickle-cell disease, and other disorders
Doctors and medical providers may also be responsible for stillbirths if they fail to order and analyze the proper diagnostic tests or commit any other mistakes or errors that fail to comply with appropriate medical standards for labor and delivery in Kentucky.
The cause of death may be one factor or a combination of factors.
How do you hold medical providers accountable for stillbirths in Kentucky?
No family should ever have to cope with a stillbirth – especially a stillbirth that was preventable. Our Kentucky stillbirth/wrongful death lawyers work to hold responsible healthcare providers accountable in many ways, including the following:
- Recommending grief counseling professionals who can help you
- Conducting a thorough investigation of what happened. This includes examining the medical records that apply to the labor and delivery
- Formally questioning everyone involved in the labor and delivery through written and oral questions
- Consulting with our network of obstetricians and medical experts to evaluate what happened, what failed to happen, and what should have happened to prevent the stillbirth from occurring
- Determining what specific breaches of competent medical care occurred
- Determining the value of your medical malpractice claim
- Examining the pathology reports
- Examining the communications among all the healthcare providers during labor and delivery
- Reviewing the hospital policies and procedures in place for labor and delivery
- Negotiating with the insurance companies for the medical providers
- Arguing your case before a jury if the insurance companies and/or medical providers themselves fail to make a settlement offer you can accept
How much is a stillbirth claim worth in Kentucky?
There is no cash amount that can remotely compensate you for the stillbirth of your child. At Crandall & Pera Law, we demand compensation for all of your medical expenses and the funeral and burial costs.
If your loved one was born and then died after birth, we also seek compensation for your baby’s pain and suffering and for the loss of comfort, guidance, and support your loved one would have provided during your lifetime.
If the death of your child was due to unconscionable conduct, we seek punitive damages on behalf of the parents.
Do you have a Kentucky stillbirth / wrongful death lawyer near me?
Yes. At Crandall & Pera Law, we meet parents at our Lexington, Kentucky, office located at 201 E Main St., Suite 530. We also consult with parents by phone and through online video consultations.
Our lawyers understand just how devastated you are. We want to help.
Contact our experienced Kentucky stillbirth lawyers today
We understand how crushed you are. You never got to say anything or spend a second of time with your child. At Crandall & Pera Law, we’re prepared to answer your questions and explain your rights. We’ve earned the respect of former clients, insurance companies, and the legal community for our dedication and compassion for our clients and our strong record of verdicts and settlements. Please call us or fill out our contact form to schedule a free consultation.