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.

Possibly. Beyond a medical malpractice claim, New York allows a wrongful death action under EPTL §5-4.1 when the child was born alive, even briefly, before dying. That claim carries its own deadline — two years from the date of death — separate from the 2.5-year malpractice deadline. An attorney can determine which cause of action, or both, fits your circumstances.

You must show that a healthcare provider owed you a duty of care, breached the accepted standard of medical practice, and that the breach directly caused the stillbirth. Expert medical testimony is usually required to establish what the standard of care was and how it was violated. An attorney can review the medical records with a qualified expert to assess whether these elements are met.

Other negligence patterns behind New York stillbirth claims include untreated maternal infections such as Group B strep and the improper use of labor-inducing drugs, where those failures depart from the accepted standard of care and cause the loss.