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Wrongful Death of an Unborn Child

61. Wrongful Death of an Unborn Child1There are few things in life that are more tragic than the unexpected and accidental death of an unborn child. Expectant parents are excited, as they imagine what their life is going to be like as a family. They have dreams for their child’s future and look forward to watching their child grow.

When this is taken away from them because of someone’s negligence, it is devastating. There is the wrongful death of the child, the emotional damage of both parents and their families, and the possible injury or death of the mother. Lives are torn apart and futures rewritten when the dreams of the family are shattered through this unexpected death.

If you have lost an unborn child because of someone else’s negligence, Brotherly Law wants to review the events to determine if you have a personal injury or wrongful death case. You can work with a Philadelphia wrongful death attorney who sympathizes with your situation and understands what you are going through while giving you the representation you deserve.

Causes of Unborn Child Death

The United States Department of Health and Human Services says that car accidents are the leading cause of death of children, including unborn children. When the car crashes, the mother’s stomach may come into contact with the steering wheel or the airbag. There is also the fact that the motion in a car accident is very abrupt, causing trauma to both the mother and the unborn child. It can be surprising if an unborn child survives when the mother has been seriously injured.

Injuries that the mother could sustain include a punctured torso, serious internal bleeding, broken ribs, and organ damage. If the death is the result of malpractice, then the mother most likely doesn’t sustain injury. The following are the common causes of the death of an unborn child:

  • The mother is killed in a preventable accident, such as an auto accident
  • The mother is seriously injured in an auto accident or the trauma of the accident kills the child in utero
  • The unborn child dies in a shooting incident in which the mother is shot and may or may not have survived
  • A domestic violence situation resulted in the mother being beat so badly the baby couldn’t survive
  • A mistake during a medical procedure led to the death
  • An error during the delivery process resulted in death
  • Medications that lead to fetal death

These are just some of the reasons behind the death of an unborn child. Regardless of the reason, it is important to have proof that the accident or error caused the death. This means that medical records will need to be thorough and all accident reports and witness statements will need to be provided.

Legal Complications Surrounding the Death of an Unborn Child

61. Wrongful Death of an Unborn Child2When an unborn child is killed in an accident that could have been prevented, the legal issues are complex. They are so complex that parents aren’t always able to recover compensation in a wrongful death lawsuit. However, there are cases where a claim can be pursued when the unborn child was killed due to negligence, malpractice, or the production of an unsafe product.

To be successful with the claim, it may be necessary to prove the viability of the pregnancy at the time of the unborn child’s death. Whether or not this is required is going to depend entirely on the circumstances of the incident that led to the death. However, viability is usually determined within the first half of the pregnancy and every passing week makes the pregnancy more viable if the baby has no known health issues in utero. All of this can be proven through the prenatal care received by the mother. Ultrasounds, fetal monitor data, and blood tests are all ways to determine how well the pregnancy was moving along.

Philadelphia Wrongful Death Attorney Advocating for You and Your Family

Expecting a child is one of the most exciting events in a person’s life, which is why it is devastating if something tragic happens. Unfortunately, there are cases where a child dies before it is born and that is devastating for the expectant parents. What is more unfortunate is that these deaths can be due to someone else’s negligence. If you have lost an unborn child due to someone else’s negligence, you may have a wrongful death case. To learn more, call Brotherly Law at 215-545-8500 or contact us online to schedule a free consultation.

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If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.

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