The loss of a child due to stillbirth or neonatal death is one of the most devastating experiences a family can endure. While some cases of stillbirth and neonatal death are unavoidable, others result from medical negligence that could have been prevented with proper care and attention. When healthcare providers fail to meet the standard of care during pregnancy, labor, or delivery, families have the right to seek justice and hold those responsible accountable.
A San Diego stillbirth or neonatal death lawyer can help you navigate this challenging legal process and pursue compensation for the emotional and financial toll caused by medical negligence.
What Are Stillbirth and Neonatal Death?
Stillbirth
Stillbirth refers to the death of a baby before or during delivery after 20 weeks of pregnancy. It is categorized as:
- Early stillbirth: Between 20 and 27 weeks of pregnancy.
- Late stillbirth: Between 28 and 36 weeks of pregnancy.
- Term stillbirth: After 37 weeks of pregnancy.
Neonatal Death
Neonatal death refers to the death of a baby within the first 28 days of life. Neonatal deaths are often linked to birth complications, infections, congenital abnormalities, or medical negligence.
Common Causes of Stillbirth and Neonatal Death Due to Medical Negligence
While some stillbirths and neonatal deaths are caused by unavoidable factors, others are the result of preventable medical errors. Common causes of stillbirth and neonatal death due to medical negligence include:
Failure to Monitor Fetal Distress
- Fetal heart rate monitoring can indicate distress. Failing to act on signs of oxygen deprivation can lead to brain damage or death.
Delayed or Improper C-Section
- A timely C-section is often necessary to prevent complications. Delays can result in stillbirth or severe injuries.
Undiagnosed or Untreated Maternal Infections
- Infections such as chorioamnionitis, Group B Strep, or urinary tract infections (UTIs) can lead to stillbirth if left untreated.
Placental Abruption or Uterine Rupture
- Failure to diagnose and manage these emergencies can result in oxygen deprivation and death.
Mismanagement of Preeclampsia and Gestational Diabetes
- These conditions increase the risk of stillbirth if not properly monitored and treated.
Improper Use of Delivery Tools
- Misuse of forceps or vacuum extractors can cause fatal injuries to the baby.
A San Diego stillbirth or neonatal death lawyer will thoroughly investigate your case to identify whether medical negligence contributed to the tragedy.
How Medical Negligence Can Be Proven
To establish a successful medical malpractice claim, it must be proven that the healthcare provider’s actions or inaction deviated from the standard of care and caused harm. The essential elements of a stillbirth or neonatal death lawsuit are:
- Duty of Care – The healthcare provider had a duty to provide appropriate care.
- Breach of Duty – The provider failed to meet the standard of care.
- Causation – The breach directly caused or contributed to the stillbirth or neonatal death.
- Damages – The family suffered measurable harm due to the provider’s negligence.
A San Diego stillbirth or neonatal death lawyer will work with medical experts to assess the circumstances and build a strong case.
Compensation Available in a Stillbirth or Neonatal Death Lawsuit
No amount of money can compensate for the loss of a child, but a successful lawsuit can provide financial relief and a sense of justice for affected families. Compensation may include:
Economic Damages
- Medical expenses – Costs related to prenatal care, labor, delivery, and emergency interventions.
- Funeral and burial expenses
- Counseling and therapy costs – For grief and emotional support.
Non-Economic Damages
- Pain and suffering – The emotional anguish caused by the loss.
- Loss of enjoyment of life – For parents who must adjust to life without their child.
- Loss of companionship – Recognizing the profound impact of the child’s absence.
Punitive Damages
In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter future incidents.
How a San Diego Stillbirth or Neonatal Death Lawyer Can Help
Filing a lawsuit after such a tragic loss can be overwhelming, but an experienced San Diego stillbirth or neonatal death lawyer can help you navigate the legal process with compassion and expertise. They will:
- Investigate the circumstances surrounding your loss and identify signs of medical negligence.
- Consult with medical experts to assess whether your healthcare provider failed to meet the standard of care.
- Collect and analyze evidence, including medical records, fetal monitoring strips, and expert testimony.
- Negotiate with insurance companies for a fair settlement.
- Represent you in court if a settlement cannot be reached.
With a dedicated attorney on your side, you can focus on healing while they fight for justice on your behalf.
California’s Statute of Limitations for Stillbirth and Neonatal Death Lawsuits
California law imposes strict deadlines for filing medical malpractice claims:
- Three years from the date of the injury or death.
- One year from the discovery of the injury.
- Six months for claims against public healthcare providers.
Failing to meet these deadlines can bar you from seeking compensation, so it’s essential to contact a San Diego stillbirth or neonatal death lawyer as soon as possible.
Recent Stillbirth and Neonatal Death Settlements in California
Several high-profile cases in California have resulted in multi-million-dollar settlements, providing families with the financial support they need. Examples include:
- $11.5 million for a family whose baby died due to delayed C-section and mismanagement of fetal distress.
- $9.2 million for a baby who died from an undiagnosed maternal infection.
- $6.8 million for a family whose newborn died due to improper use of delivery tools.
These settlements highlight the importance of strong legal representation in securing fair compensation.
Why Choose The Law Office of Melinda J. Helbock?
At The Law Office of Melinda J. Helbock, we are committed to helping families affected by medical negligence recover the compensation they deserve. We offer:
- Decades of experience handling birth injury and wrongful death cases.
- Access to top medical experts to strengthen your case.
- Personalized legal strategies tailored to your family’s unique situation.
- Compassionate and aggressive representation to fight for justice.
Contact a San Diego Stillbirth or Neonatal Death Lawyer Today
If you have lost a child due to medical negligence, you don’t have to face this painful journey alone. A San Diego stillbirth or neonatal death lawyer can help you hold negligent healthcare providers accountable and seek the justice your family deserves.
Contact us today for a free consultation, and let us help you take the first step toward healing and justice.
References
- Centers for Disease Control and Prevention. (2024). Understanding Stillbirth and Preventive Care. Retrieved from https://www.cdc.gov
- National Institutes of Health. (2024). Maternal-Fetal Medicine and Risk Factors for Neonatal Death. Retrieved from https://www.nih.gov
- California Department of Public Health. (2024). Guidelines for Birth Injury Prevention and Maternal Health. Retrieved from https://www.cdph.ca.gov
