Stillbirth Compensation Claims

A stillbirth compensation claim is a legal action taken by parents or guardians seeking financial restitution for the loss of a baby due to medical negligence or malpractice.

It arises when it is believed that the stillbirth could have been prevented through proper prenatal care, monitoring, or timely medical interventions. 

In a stillbirth compensation claim, parents may seek compensation for emotional distress, funeral expenses, medical bills, and any loss of income due to the circumstances surrounding the stillbirth. 

In many jurisdictions, the claim can also include damages for the pain and suffering experienced by the parents and the impact on their mental health.

To pursue such claims, it’s essential to gather evidence, including medical records and expert testimony, demonstrating how negligence contributed to the stillbirth. 

The process can be emotionally challenging, and many parents seek legal guidance to navigate the complexities involved.

Ultimately, stillbirth compensation claims are meant to hold responsible parties accountable and provide financial support to grieving families during a difficult time.

What are Stillbirth and Neonatal Deaths?

Stillbirth refers to the loss of a baby during pregnancy or labor, typically defined as the death of a fetus at or after 20 weeks of gestation.

This tragic event often results from complications such as placental issues, infections, or genetic anomalies. 

Neonatal death, on the other hand, occurs when a baby dies within the first 28 days of life, usually due to factors like premature birth, birth defects, or complications during delivery.

Both stillbirth and neonatal deaths can have profound emotional impacts on families, often leading to grief and the need for support. 

While medical advancements have improved outcomes for many pregnancies, these losses still occur, highlighting the importance of prenatal care and monitoring.

Understanding the distinctions between stillbirth and neonatal death is crucial for addressing the needs of affected families and improving health outcomes.

Causes of Stillbirth

Stillbirth can occur due to various factors, often related to complications during pregnancy, labor, or delivery. 

Here are some common causes of stillbirth:

Placental Problems

Placental abruption or when the placenta detaches from the uterus prematurely, cutting off the baby’s oxygen supply or placenta previa, when the placenta covers the cervix, can both lead to stillbirth or other complications during delivery.

Infections

Conditions such as bacterial vaginosis, syphilis, or rubella can affect fetal health. Intrauterine infections or infections that reach the fetus can cause severe complications, including stillbirth.

Mother Umbilical Cord Problems

Cord accidents such as knots or compression can restrict blood flow and oxygen to the baby. When umbilical cord prolapse occurs — the umbilical cord or slips into the birth canal ahead of the baby — stillbirth or other complications can occur. 

Maternal Health Conditions

The mother’s health that includes diseases like diabetes, hypertension, high blood pressure, or thyroid disorders can increase stillbirth risk.

Obesity or excessive weight can lead to complications during pregnancy, raising the risk of stillbirth.

Fetal Growth Restrictions

Babies who do not grow properly in the womb are at a higher risk of stillbirth.

Genetic and Chromosomal Abnormalities

Genetic disorders can lead to stillbirth if the fetus has severe developmental issues.

Multiple Pregnancies

Twins or higher-order multiples have a higher risk of complications that can lead to stillbirth.

Lifestyle Factors

Maternal substance abuse or smoking, alcohol, or drug use can negatively affect fetal health and increase stillbirth risk.

Trauma or Injury

Physical trauma to the mother, such as car accidents, can lead to fetal distress and stillbirth.

Unknown Causes

In many cases, the exact cause of stillbirth remains unidentified despite thorough investigation.

What Happens After a Stillbirth?

After a stillbirth, parents typically experience intense grief and emotional turmoil, making it crucial to seek support from family, friends, or professional counselors.

The delivery process usually occurs, often through vaginal birth, and postpartum care is provided to ensure the mother’s physical recovery. 

Many hospitals offer opportunities for memory-making, such as taking photographs or handprints of the baby, as well as arranging for funeral or memorial services.

Parents may also need to address legal matters, such as obtaining a death certificate, and consider future pregnancies with guidance from healthcare providers and medical professionals.

Overall, the journey following a stillbirth is deeply personal, requiring time, support, and open communication to navigate the profound loss.

Our Experience With Stillbirth Compensation and Lawsuits

Chicago Medical Malpractice Lawyers are a Chicago-based birth injury law firm specializing in medical malpractice with extensive experience representing clients in cases involving birth injuries, including a medical negligence claim, a compensation claim, stillbirths or neonatal death claims.

Our birth injury team in Chicago have successfully litigated numerous cases where patients suffered harm due to stillbirths and associated pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Some examples of medical malpractice cases we’ve handled include settlements that have exceeded $1,000,000.

Can I Claim Compensation for a Stillbirth?

Yes, you can claim compensation for stillbirth if it is determined that medical negligence, negligent treatment, or malpractice contributed to the loss of your baby. 

Here are some key points to consider when pursuing a stillbirth compensation claim:

Establishing Negligence

To successfully claim compensation, you must demonstrate that healthcare providers failed to meet the accepted standard of care, which directly led to the stillbirth.

This might include inadequate monitoring during pregnancy, substandard medical care, failure to diagnose complications, or improper management during labor and delivery.

Gathering Evidence 

Collecting comprehensive medical records, expert opinions, and any relevant documentation is crucial. This evidence helps establish the connection between the alleged negligence and the stillbirth.

Types of Compensation

Compensation can cover various aspects, including emotional distress, funeral costs, medical expenses incurred during pregnancy and delivery, and any loss of income due to time taken off work. Some claims may also address the long-term emotional impact on the parents.

Legal Representation

Engaging a lawyer experienced in stillbirth and wrongful death claims can significantly enhance your chances of a successful outcome.

They can help navigate the legal process, negotiate with insurers, and represent your interests.

Time Limits

Be aware of any statutes of limitations that may apply to your claim.

It’s essential to initiate the process promptly and know how long you have to file a stillbirth compensation claim, as delays can affect your ability to seek compensation.

Emotional and Financial Support 

Claiming compensation for stillbirth can be an emotionally taxing process.

Seeking support from counseling services or support groups can be beneficial during this challenging time.

However, pursuing a compensation claim for stillbirth can help hold accountable those responsible for negligence while also providing some financial relief as you navigate the grieving process.

Definitions And Background Information on Stillbirth Compensation Claims

1. What is a stillbirth?

A stillbirth is the loss of a baby during pregnancy or labor, typically defined as the death of a fetus at or after 20 weeks of gestation.

It can occur due to various factors, including complications with the placenta, infections, or genetic abnormalities.

The experience of stillbirth can have profound emotional impacts on parents and families.

2. What are the risk factors for a stillbirth?

Risk factors for stillbirth include maternal health conditions such as diabetes, hypertension, and obesity, which can complicate pregnancy. 

Other significant factors include advanced maternal age (over 35), multiple pregnancies (twins or higher-order multiples), and a history of previous stillbirths. 

Lifestyle choices like smoking, alcohol use, and drug use during pregnancy also increase the risk. 

Additionally, complications with the placenta, umbilical cord issues, and fetal growth restrictions can contribute to the likelihood of stillbirth.

3. How long do you have to file a claim for compensation in the event of a stillbirth?

The time limit to file a claim for a stillbirth varies by jurisdiction but generally ranges from 1 to 3 years from the date of discovery of the injury or the date it reasonably should have been discovered.

In Illinois, the statute of limitations for a stillbirth compensation claim is generally 2 years from the date the parents knew or reasonably should have known of the negligence that led to the wrongful birth.

However, there are some exceptions, such as cases involving minors, where the statute may be extended.

4. Can you file a claim against a doctor for a stillbirth?

Yes, you can file a claim against a doctor or obstetrician for a stillbirth.

In a stillbirth compensation claim, parents sue because the doctor committed medical negligence or deviated from the standard of care, leading to a stillbirth or neonatal death. 

5. Can you file a claim against a hospital for a stillbirth?

Yes, you can file a claim against a hospital for wrongful birth if the hospital’s staff, policies, or practices contributed to medical negligence that led to a stillbirth.

This legal claim would focus on medical negligence and deviation from the standard of care.

Both the hospital and its employees could be held liable for damages.

6. Will a confirmed stillbirth automatically lead to a valid legal claim against the health care provider?

A confirmed stillbirth does not automatically guarantee a valid legal claim against the healthcare provider. 

While it is a crucial factor in a potential medical malpractice claim, establishing liability requires demonstrating that the injury resulted from the healthcare provider’s negligence or failure to meet the accepted standard of care.

A thorough investigation, supported by medical evidence and expert testimony, is necessary to establish the elements of medical malpractice and pursue a successful legal claim.

7. What are the long term impacts of a stillbirth?

The long-term impacts of stillbirth can be profound and multifaceted, affecting parents’ emotional and psychological well-being.

Many parents experience persistent grief, anxiety, and depression, which can strain relationships and hinder the healing process. 

Additionally, the experience may influence future pregnancies, leading to heightened anxiety and the need for increased medical monitoring, as well as impacting family dynamics and the overall mental health of the parents.

8.  If I die during labor and delivery related to a stillbirth, does the claim die as well?

If you die while delivering a stillborn infant, your claim may transition to a wrongful death claim, allowing certain family members or beneficiaries to pursue legal action on your behalf.

9. How long do I have to file a stillbirth claim, and how long is it likely to take before I receive compensation?

The time limit to file a lawsuit for a stillbirth or similar claims varies by jurisdiction, typically ranging from 1 to 6 years, while the duration to receive compensation can vary significantly depending on factors such as case complexity and negotiations, potentially taking months to several years.

In Illinois, the statute of limitations for filing a stillbirth claim is within 8 years of the date of the injury

10. Does Illinois apply any limits on medical malpractice damages?

Illinois does not have statutory limits or caps on medical malpractice damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases. 

However, it’s essential to consult with a legal professional or check for any updates in the law prior to making a claim, as regulations can change over time.

11. How much compensation can I receive in a stillbirth lawsuit?

The amount of compensation you can receive in a stillbirth lawsuit in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, the long-term traumatic event impact on the family, medical expenses, lost income, and pain and suffering. 

Settlements or jury awards can range from thousands to millions of dollars.

Consulting with a qualified attorney who specializes in stillbirth cases in your area can provide a better estimate based on the specific circumstances of your case.

12. How do you prove a stillbirth was the result of medical negligence?

To prove that a stillbirth resulted from medical negligence, you must establish that the healthcare provider failed to meet the accepted standard of care during pregnancy or delivery, which directly led to the loss. 

This typically involves gathering medical records, expert testimony, and evidence demonstrating how the provider’s actions or inactions, such as inadequate monitoring or misdiagnosis, contributed to the stillbirth.

Documenting a clear causal link between the alleged negligence and the stillbirth is crucial for a successful claim.

13. How many stillbirths are there per year?

In the United States, the Centers for Disease Control and Prevention (CDC) reports an estimated 1 in 160 births result in stillbirth, which translates to around 24,000 stillbirths annually.

However, these numbers can fluctuate based on factors such as geographical location, maternal health, access to prenatal care, and socioeconomic conditions. 

14. I think my stillbirth was the result of medical negligence. Now what?

If you believe that your stillbirth was the result of medical malpractice, the first step is to seek immediate medical attention and address any immediate medical needs.

It’s also essential to gather and organize all relevant medical records and documentation related to the pregnancy process. 

Next, consult with a qualified attorney experienced in neonatal death and stillbirth cases in your jurisdiction to discuss your legal options.

Your attorney can help you understand your rights, navigate the legal process, and pursue compensation for the damages incurred as a result of the stillbirth, including medical expenses, pain and suffering, and other losses.

15. Can you file a claim for a stillbirth?

Yes, you can file a lawsuit or a compensation claim for a stillbirth with the help of personal injury lawyers.

It’s advisable to consult with a qualified attorney experienced in medical malpractice and stillbirth cases or neonatal death cases in your area to understand your legal rights and options for pursuing a claim.

Find Out If You Have A Stillbirth Compensation Claim In Chicago, Illinois

Do you think you have a medical malpractice case based on a stillbirth that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice lawyers today.