Stillbirths and Miscarriages

Stillbirth and late-term miscarriage are among the most heartbreaking losses any family can face—especially when the tragedy could have been prevented. In New York, stillbirth occurs in approximately 1 out of every 175 pregnancies, with more than 1,200 reported each year. While many cases result from unavoidable biological factors, a significant proportion—estimated at 30%—stem from preventable medical negligence, including failures to monitor fetal distress, inadequate management of maternal conditions, and delayed emergency interventions.

In New York, pursuing legal accountability for stillbirth or miscarriage involves a different process than claims involving live-born children. The state’s landmark Broadnax v. Gonzalez decision allows mothers to seek compensation for emotional trauma caused by medical negligence, even without physical injury.

If you’ve lost a baby due to possible medical malpractice during pregnancy or delivery, the experienced New York medical malpractice attorneys at the Porter Law Group are here to help you pursue justice and compensation during this incredibly difficult time.

Experienced Stillbirth and Miscarriage Medical Malpractice Lawyers Throughout New York

If you suspect that inadequate prenatal monitoring, failure to manage maternal complications, delayed emergency interventions, or other forms of medical negligence contributed to your pregnancy loss, contact the Porter Law Group immediately. Our compassionate and knowledgeable medical malpractice lawyers have extensive experience advocating for families affected by preventable pregnancy losses throughout New York State, from New York City and Long Island to Albany, Syracuse, Buffalo, Rochester, and every community across the state.

We understand the profound grief and complex legal issues surrounding stillbirth and miscarriage cases and work with leading maternal-fetal medicine specialists, obstetricians, pathologists, and other medical experts to thoroughly investigate each case. Our team will examine whether healthcare providers adequately monitored your pregnancy, appropriately managed risk factors, responded promptly to warning signs, and provided the standard of care required to protect both you and your baby.

Call us at 833-PORTER9 or email info@porterlawteam.com to discuss your legal options in a free, confidential consultation. We’re committed to helping families understand their rights and pursue the accountability and compensation they deserve during this heartbreaking time.

Understanding Stillbirth and Late Miscarriage: Medical Definitions and Causes

Stillbirth is medically defined as fetal death occurring at or after 20 weeks of gestation, while late miscarriage typically refers to pregnancy loss between 12 and 20 weeks. These definitions are crucial for understanding both the medical complexities and legal implications of pregnancy loss cases.

Common Medical Causes of Stillbirth

Placental Pathology: Placental problems account for 23-35% of stillbirth cases. The placenta serves as the baby’s lifeline, providing oxygen and nutrients while removing waste products. When placental function fails, the consequences can be devastating:

• Placental Abruption: Premature separation of the placenta from the uterine wall disrupts fetal oxygen supply and is strongly associated with hypertensive disorders like preeclampsia
• Placental Insufficiency: Inadequate placental function that fails to meet the growing baby’s needs, often associated with maternal conditions like diabetes or hypertension
• Placental Infarctions: Areas of dead tissue within the placenta that reduce its functional capacity

Umbilical Cord Complications: Cord accidents contribute to 10-15% of stillbirths by compressing fetal circulation:

• Cord Prolapse: When the umbilical cord drops through the cervix before the baby, cutting off blood supply
• Cord Stricture: Abnormal tightening or knotting of the cord that restricts blood flow
• Cord Entanglement: Wrapping around the baby’s neck or limbs that can restrict circulation

Maternal Infections: Untreated infections account for 13-25% of stillbirths, particularly in underserved populations:

• Bacterial Vaginosis: Untreated bacterial infections that can ascend to affect the baby
• Syphilis: If left untreated, can cross the placenta and cause fetal death
• Group B Streptococcus: When not properly screened and treated, can cause serious infections

Preventable Causes and Medical Negligence

Many stillbirths involve substandard medical care that could have prevented the tragic outcome:

Failure to Monitor Fetal Distress: Healthcare providers must continuously assess fetal well-being during pregnancy and labor. Delayed response to abnormal fetal heart rate patterns, such as recurrent late decelerations indicating oxygen deprivation, can result in preventable fetal death.

Mismanagement of Maternal Conditions: Inadequate control of maternal conditions significantly increases stillbirth risk:

• Uncontrolled gestational diabetes (HbA1c levels exceeding 6.5%)
• Poorly managed hypertension (systolic blood pressure over 160 mmHg)
• Untreated thyroid disorders or other endocrine conditions

Delayed Emergency Interventions: When emergency situations arise, timing becomes critical. Decision-to-incision intervals exceeding 30 minutes for Category I emergency cesarean sections correlate with 8-fold higher fetal mortality rates.

Inadequate Antepartum Surveillance: High-risk pregnancies require enhanced monitoring, including:

• Regular fetal growth assessments to detect intrauterine growth restriction
• Non-stress tests and biophysical profiles for at-risk pregnancies
• Appropriate timing of delivery to prevent post-term complications

The Legal Framework for Stillbirth Cases in New York

New York’s legal approach to stillbirth and miscarriage cases presents both opportunities and limitations for grieving families seeking accountability and compensation.

Wrongful Death Statute Limitations

New York’s Estates, Powers, and Trusts Law §5-4.1 traditionally restricted wrongful death claims to live-born individuals, excluding fetuses regardless of gestational age. This legal doctrine stems from the 1969 case Endresz v. Friedberg, which held that “a stillborn fetus is not a ‘person’ under New York’s wrongful death statute.” As a result, families historically could not recover damages for the fetus’s lost future earnings or companionship through traditional wrongful death claims.

The Broadnax Decision: A Landmark Change

The landmark 2004 case Broadnax v. Gonzalez fundamentally changed the legal landscape for stillbirth cases in New York. This Court of Appeals decision established that mothers may sue for emotional injury caused by stillbirth-related malpractice without requiring independent physical harm beyond the pregnancy loss itself.

Key Aspects of Broadnax:

• Recognized the “unique nexus between mother and fetus”
• Allowed recovery for psychological trauma when providers breach the standard of care
• Established that stillbirth itself constitutes a legally cognizable injury to the mother
• Provided a pathway for compensation when medical negligence causes pregnancy loss

The Broadnax case involved Karen Broadnax, who experienced severe bleeding during pregnancy due to placental abruption. Despite her urgent symptoms, healthcare providers delayed emergency care, resulting in stillbirth. The court’s decision acknowledged that the trauma of losing a wanted pregnancy due to medical negligence deserves legal recognition and compensation.

Limitations and Ongoing Legal Challenges

While the Broadnax case provides important legal recourse, significant limitations remain:

Damage Caps: Emotional distress awards in stillbirth cases typically range from $500,000 to $1.5 million, contrasting sharply with multi-million-dollar awards available for live-born infants with cerebral palsy or other permanent disabilities.

Paradoxical Disparities: A legal paradox exists where mothers of stillborns may claim emotional damages, while those whose infants die shortly after delivery face different legal restrictions, highlighting inconsistencies in New York’s approach to pregnancy loss.

Legislative Gaps: New York has repeatedly failed to pass comprehensive reform legislation like the Grieving Families Act, which would expand compensation opportunities for emotional losses in wrongful death cases.

Establishing Medical Malpractice in Stillbirth Cases

Successfully proving medical malpractice in stillbirth and miscarriage cases requires establishing the same fundamental elements as other malpractice claims, but with unique challenges related to fetal medicine and pregnancy management.

Essential Elements of Malpractice Claims

Duty of Care: Healthcare providers must adhere to established guidelines from organizations like the American College of Obstetricians and Gynecologists (ACOG), including:

• Appropriate prenatal care scheduling and monitoring
• Biophysical profile scoring for high-risk pregnancies
• Timely response to concerning symptoms or test results
• Proper management of maternal medical conditions

Breach of Standard Care: Common deviations from accepted medical practices include:

• Ignoring fetal growth restriction (babies measuring below the 10th percentile)
• Failing to treat conditions like intrahepatic cholestasis (bile acid levels exceeding 40 µmol/L)
• Inadequate response to decreased fetal movement reports
• Delayed or inappropriate emergency interventions

Causation: Expert medical testimony must establish a clear link between the negligent care and the stillbirth, often requiring:

• Detailed analysis of medical records and timing of events
• Placental histopathology examination showing evidence of acute hypoxia
• Correlation between substandard care and fetal demise
• Demonstration that proper care would have prevented the loss

Damages: While limited compared to live birth injury cases, damages in stillbirth cases can include:

• Medical expenses related to pregnancy care and delivery
• Emotional distress and psychological trauma
• Loss of consortium for spouses
• Funeral and burial expenses
• Counseling and therapy costs

High-Risk Scenarios Frequently Involved in Malpractice Claims

Macrosomia Mismanagement: Attempting vaginal delivery for babies with estimated fetal weight exceeding 4,500 grams can increase risks of shoulder dystocia and asphyxia, potentially leading to stillbirth when emergency interventions are delayed.

Infectious Disease Oversight: Failing to properly screen for and treat conditions like Group B Streptococcus, which causes approximately 1.2% of preventable stillbirths when left unmanaged.

Antepartum Surveillance Failures: Neglecting appropriate monitoring protocols, such as non-stress tests after 32 weeks in diabetic pregnancies or serial growth assessments in high-risk cases.

Emergency Response Delays: Failing to recognize and respond promptly to obstetric emergencies such as placental abruption, cord prolapse, or severe preeclampsia.

Compensation Available in Stillbirth and Miscarriage Cases

While compensation in stillbirth cases differs significantly from live birth injury cases, meaningful recovery is possible for families who have suffered preventable pregnancy losses due to medical negligence.

Available Damages

Medical Expenses: Costs associated with pregnancy care, hospitalization, delivery, and any emergency interventions attempted to save the baby.

Emotional Distress: The primary form of compensation available under Broadnax, recognizing the severe psychological trauma of losing a wanted pregnancy due to medical negligence.

Loss of Consortium: Compensation for spouses affected by the emotional trauma and relationship impact of pregnancy loss.

Funeral and Burial Expenses: Costs associated with memorial services and burial or cremation.

Counseling and Therapy: Ongoing mental health treatment needed to address grief, depression, and trauma resulting from the loss.

Lost Work and Income: Time missed from work for medical treatment, recovery, and grief counseling.

Damage Limitations

Current New York law generally caps emotional distress awards in stillbirth cases between $500,000 and $1.5 million, though exceptional cases involving particularly egregious negligence may result in higher awards. These amounts, while substantial, typically fall short of the multi-million-dollar awards available in cases involving live-born children with permanent disabilities.

The Critical Role of Expert Medical Testimony

Proving medical malpractice in stillbirth cases requires sophisticated medical knowledge and expert testimony to help judges and juries understand the complex factors involved in pregnancy management and fetal loss.

Essential Functions of Medical Experts

Medical experts in stillbirth cases must:

• Review comprehensive medical records and identify deviations from standard prenatal care
• Analyze placental pathology and autopsy findings when available
• Explain the relationship between maternal conditions and fetal well-being
• Demonstrate how proper care could have prevented the pregnancy loss
• Assess the timing of medical decisions and emergency responses
• Provide opinions about causation linking negligent care to fetal death

The Porter Law Group works with board-certified maternal-fetal medicine specialists, obstetricians, pathologists, and other medical experts who can provide authoritative testimony about the care you should have received and how negligent practices led to your devastating loss.

Frequently Asked Questions About Stillbirth and Miscarriage Malpractice Cases

Q: Can I pursue a malpractice claim if my baby was stillborn due to medical negligence?

A: Yes. Under New York’s Broadnax decision, mothers can sue for emotional distress caused by malpractice-induced stillbirth without requiring separate physical injury. However, these claims operate differently from traditional wrongful death cases.

Q: How long do I have to file a stillbirth malpractice claim in New York?

A: New York’s statute of limitations for medical malpractice is generally 2.5 years from the date of the alleged negligence. It’s crucial to consult with an attorney promptly to protect your rights and preserve important evidence.

Q: What compensation is available for stillbirth malpractice cases?

A: Compensation typically includes emotional distress damages, medical expenses, counseling costs, and other related losses. While awards are generally lower than live birth injury cases, meaningful compensation is available for families who have suffered preventable losses.

Q: How do racial disparities affect stillbirth malpractice cases?

A: Documented healthcare disparities can strengthen malpractice claims when they demonstrate patterns of substandard care. These cases often involve delayed or inadequate response to symptoms in minority patients.

Q: What evidence is needed to prove stillbirth malpractice?

A: Critical evidence includes medical records, fetal monitoring strips, placental pathology reports, autopsy findings when available, and expert medical testimony establishing how proper care could have prevented the loss.

Why Choose the Porter Law Group for Your Stillbirth or Miscarriage Case

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained large settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.    

Contact Our New York Stillbirth and Miscarriage Lawyers Today

The Porter Law Group is committed to helping families throughout New York State who have suffered the tragic loss of a baby due to medical negligence. If you believe that inadequate prenatal care, delayed emergency response, or other forms of medical malpractice contributed to your pregnancy loss, our experienced attorneys will fight for the accountability and compensation your family deserves.

We understand that pursuing legal action cannot undo your loss, but it can provide a sense of justice and help prevent similar tragedies from affecting other families. Our compassionate team will guide you through every step of the legal process while you focus on healing and moving forward.

Schedule your free, confidential consultation today by calling 833-PORTER9 or emailing info@porterlawteam.com. Let us help you seek the justice and accountability you deserve during this incredibly difficult time.

Prior results do not guarantee a similar outcome.