If your unborn child passed away as a result of the neglect of another party, you may be entitled to file a wrongful death claim. However, whether you can win a wrongful death case will depend on the state you reside in with 10 states not recognizing the death of a fetus for the purpose of a wrongful death case.. Some states require that the child be born before a wrongful death claim can be filed while other cases allow a wrongful death claim to be filed on behalf of the fetus.
1. Could the Death Have Been Prevented?
To successfully win a wrongful death case in a state where you may sue on behalf of a fetus, you must prove that the fetus would have survived if it had not been for the actions of the defendant. For example, if your doctor performed an action that would be considered well outside the normal standards of care, you may be able to file a wrongful death claim against your doctor.
The parties who are most likely to be liable for wrongful death include doctors and medical staff who may have been negligent while caring for you or may have failed to notice a particular complication that lead to your child's death. The wrongful death may have also included a pharmacist who prescribed a medication that caused the death of your child.
In other cases, the wrongful death could result from the mother being injured or killed. For example, the mother might have been involved in an accident in which the driver was negligent. If you are a spouse, parent or child of a deceased mother, you may file a wrongful death claim in all 50 states. Under these circumstances, you will want to contact a wrongful death attorney to review your case and determine if you have a case against the negligent motorist.
2. Reasons to File a Wrongful Death Lawsuit
No amount of money will bring back your unborn child, but the act of filing a wrongful death claim can compensate you for medical expenses you have faced. A wrongful death claim will allow you to hold the doctor to account for his negligence. Many of the damages you suffer can be difficult to quantify, such as the pain and suffering you experienced as a result of losing a child. To help you quantify these damages, you will need to contact a wrongful death attorney.
