New York Stillborn Lawsuit: Your Legal Rights

In New York, parents may file a medical malpractice or wrongful death lawsuit if a stillbirth resulted from a healthcare provider’s negligence.

Last updated July 2026
Laurence P. Banville, New York personal injury attorney
Laurence P. Banville Managing Partner · NY & D.C. Bars

Frequently asked questions

Can I sue for a stillbirth in New York?

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.

What is the statute of limitations for a stillborn lawsuit in New York?

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.

What must I prove in a New York stillbirth malpractice case?

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.

What damages can be recovered in a New York stillborn lawsuit?

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.

Laurence P. Banville

Reviewed by Laurence P. Banville, Esq.

Managing Partner, Banville Law · New York & D.C. Bars

Laurence Banville is a New York personal injury attorney and the Managing Partner of Banville Law. Born in County Wexford, Ireland, he earned his law degree summa cum laude from University College Dublin and once defended insurance companies in product-liability litigation — experience he now uses for injured New Yorkers. He has been named to the Irish Legal 100 and the Irish Echo’s Top 40 Under 40, and is an AVVO Rated attorney.

NY Bar D.C. Bar Irish Legal 100 AVVO Rated AAJ Member

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