New York Stillbirth Lawsuit: Can You Sue?

Yes. If a stillbirth resulted from a healthcare provider’s failure to monitor fetal distress, manage a high-risk pregnancy, or respond appropriately during labor and delivery, you may have a viable medical malpractice claim under New York law. An attorney can review medical records to determine whether the standard of care was breached.

New York medical malpractice claims are governed by CPLR §214-a, which generally allows 2 years and 6 months from the date of the negligent act or omission. In some cases involving continuous treatment, the clock may run from the end of that treatment. Because these deadlines are strict, contacting an attorney as soon as possible is critical.

Common bases for New York stillbirth lawsuits include failure to detect umbilical cord complications, untreated preeclampsia or gestational hypertension, inadequate fetal heart rate monitoring, delayed emergency C-section, and failure to diagnose placental abruption. These failures, if they deviate from accepted medical standards, may support a malpractice claim.

Recoverable damages in a New York stillbirth malpractice case may include medical expenses, funeral and burial costs, emotional and psychological harm to the parents, and, where applicable, loss of companionship. New York does not cap most compensatory damages in medical malpractice cases. No attorney can guarantee a specific outcome or amount.