The Eisen Law Firm - Attorneys Focusing Exclusively On Medical Malpractice
1300 East 9th Street, Suite 1801
Cleveland Oh 44114
216-687-0900
Call For A Free Consultation
OPEN PRACTICE AREAS

Cleveland Stillbirth Attorneys Offer Compassionate Representation When a Tragedy Occurs

The loss of a baby due to a medical error is heartbreaking

Losing a child is devastating, especially when a stillbirth occurred due to medical negligence or error. The Cleveland medical malpractice attorneys at The Eisen Law Firm are knowledgeable, passionate litigators with vast experience handling medical malpractice cases involving stillbirths. We understand the sensitive nature of these situations and the pain you suffer. We tirelessly advocate for you and your family. Most of the time, there is an identifiable reason why an unborn child died. With more than 24 years combined experience, our Cleveland stillbirth attorneys help you understand why this tragedy happened and what legal remedies are available.

What is a stillbirth and how common are they?

Stillbirth is a medical term for the death of an unborn baby at or after the 20th week of pregnancy. In the United States, stillbirths occur in around 1 out of every 160 pregnancies. According to the National Institutes of Health, the probable cause of most stillbirths can be identified after the fact – if the circumstances surrounding the death of the child are subjected to a thorough evaluation. Certain health characteristics such as first pregnancy, a history of smoking, gestational diabetes, and even ethnicity can increase the risk of stillbirths. However, the vast majority of stillbirths occur due to common birth-related complications of which physicians can and should be aware.

Should I have an autopsy done after a stillbirth?

If you and your family have suffered the tragedy of losing an unborn child, it can be difficult to reflect on these emotional events and demand answers as you mourn. Unfortunately, less than half of families who experience a stillbirth request an autopsy. Many times, an autopsy of a stillbirth is not undertaken for financial reasons or because of the reluctance of a physician to suggest the procedure.

But you and your family deserve answers when a tragedy like this occurs. Insisting on an autopsy ensures that you and your family have closure and can come to an informed decision as to whether you are entitled to compensation for the death of your unborn child.

If a stillbirth occurred as a result of medical negligence, do I have a legal claim?

In 1985, the Ohio Supreme Court first recognized that stillborn babies are “persons” within the meaning of Ohio’s Wrongful Death Statute. Therefore, if a viable unborn child is stillborn as a result of medical malpractice, the family of that child may have a claim against the medical professional(s) who treated the mother and unborn child. It is, however, often very difficult to determine whether the baby would have survived in the absence of the medical mistake. It is therefore very important to contact experienced legal professionals with particularized knowledge of medical malpractice law if you believe you may have a claim.

 

Compassionate, experienced stillbirth advocates helping families in Cleveland and throughout Ohio

The death of an unborn child is a tragedy which merits thorough investigation. The attorneys at The Eisen Law Firm serve the families of stillborn children in Cleveland, Columbus, Toledo, Lorain, Akron, and all of Ohio. We offer free initial consultations, so contact us today by phone at 216-687-0900 or online.