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Free Consultations

(212) 697-9280

Free Consultations

(212) 697-9280



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Wrongful Death of a Fetus and Medical Malpractice in New York

Jan 17, 2017 | Wrongful Death

According to the Centers for Disease Control and Prevention, there were 3.98 million births in the United States in 2015. In 2014, the number of births in the country was 3,988,076. This means that the birth rate was 12.5 per 1,000 people. The fertility rate for the same year was 62.9 per 1,000 women between the ages of 15 and 44.

What is Wrongful Death?

A child’s birth is one of the greatest moments in any parent’s life. However, when a fetus or newborn baby dies when something goes wrong, parents ask "why?" If the cause of the fetus or infant’s death was someone else’s fault, the parents may be able to file a wrongful death lawsuit against the negligent party.

Wrongful death occurs when the fault or negligence of another person causes the death. For example, if a woman and her newborn baby in New York are in a car accident caused by the other driver running a red light and it results in the death of the child, the mother may be able to file a wrongful death lawsuit against the other driver. If you think that the death could have been prevented if the other person had acted reasonably, then that person may be liable for wrongful death.

Wrongful Death of a Fetus or Newborn Infant

When a newborn baby dies as a result of another person’s negligence or fault, states have wrongful death laws that allow parents to recover damages. However, when a fetus is killed when something happens, the laws in different states vary on whether parents can bring such claims.

In many states, the law requires children to be born alive before parents or other parties can take a wrongful death action on their behalf. In states that permit wrongful death lawsuits on behalf of a fetus, there are some that require the fetus to be able to live outside the womb, or viable, at the time of death while others do not have such requirements.

If you have any questions about whether you can file a wrongful death lawsuit on a fetus’ behalf in New York, you should consult an experienced lawyer or check the laws in your state.

Why You should File a Wrongful Death Lawsuit

While your loved one cannot be replaced by any amount of money, filing a lawsuit against the party that caused the death can ensure that they are punished for their negligence and also give you some measure of financial relief. Although state laws vary, surviving family members are typically awarded damages designed to compensate them for the loss of emotional and financial support of their loved ones. Punitive damages may also awarded by the courts to punish the liable party.

Get Expert Legal Help in New York

If you or a loved one has lost a child due to your doctor or hospital’s negligence, you should immediately seek the help from the fantastic medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. You can discuss the facts of your case at a free consultation and determine the best steps to take to punish the liable party. And they should be punished!

But screaming at the hospital staff does you no good. It does not make any sense; you may need one of them on your side in a few months. These cases are long and complicated but we know how to win them. There is a possibility we could settle out of court and not go to trial.

But you have to call us first. What is your side of the story? Is your case viable? Call RMFW Law today! We charge you nothing up front.