Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you file a lawsuit for a stillborn baby in New York?
Yes. Under New York law, parents may bring a medical malpractice claim when negligent prenatal or delivery care causes a stillbirth. Claims can also be filed as wrongful death actions under EPTL §5-4.1 if the child was born alive even briefly. An experienced attorney can evaluate which cause of action best fits the circumstances of your loss.
What are common causes of preventable stillbirth that lead to lawsuits?
Lawsuits typically arise from failure to monitor fetal distress, delayed emergency C-section, undetected umbilical cord complications, untreated infections such as Group B strep, or improper management of high-risk conditions like preeclampsia. If a healthcare provider deviated from the accepted standard of care and that deviation caused the stillbirth, a malpractice claim may be viable under New York law.
What is the statute of limitations for a stillborn baby lawsuit in New York?
Medical malpractice claims in New York generally must be filed within 2.5 years (30 months) of the negligent act or the end of continuous treatment, under CPLR §214-a. Wrongful death claims must be filed within two years of the date of death under EPTL §5-4.1. These deadlines are strict, so consulting an attorney as soon as possible is critical to protecting your rights.
What damages can parents recover in a New York stillborn lawsuit?
In a New York medical malpractice or wrongful death claim involving a stillbirth, recoverable damages may include funeral and burial expenses, the emotional and psychological suffering of the parents, and loss of the child's prospective companionship and services. New York does not cap compensatory damages in medical malpractice cases, though each case is evaluated on its own facts. No attorney can guarantee a specific outcome or dollar amount.