New York Stillborn Lawsuit: Your Legal Rights

Yes. If a stillbirth resulted from medical negligence—such as failure to monitor fetal distress, delayed C-section, or mismanaged labor—New York law allows parents to pursue a medical malpractice claim. You may also bring a wrongful death action under New York EPTL §5-4.1 if the negligence caused the loss.

New York medical malpractice claims generally must be filed within 2.5 years of the negligent act under CPLR §214-a, though the clock may be tolled in certain circumstances. Wrongful death claims carry a 2-year limit from the date of death under EPTL §5-4.1. Given these tight deadlines, consulting an attorney immediately after a stillbirth is critical.

You must establish that a healthcare provider owed you a duty of care, breached the accepted standard of medical practice, and that breach directly caused the stillbirth. Common examples include failure to perform timely fetal monitoring, delayed emergency intervention, or negligent use of labor-inducing drugs. Expert medical testimony is typically required to establish the standard of care.

Recoverable damages may include medical expenses related to the delivery, funeral and burial costs, loss of the child’s anticipated lifetime earnings and companionship, and the parents’ emotional pain and suffering. New York does not cap wrongful death or medical malpractice damages, though each case turns on its specific facts and evidence.