Stillbirths are perhaps the worst tragedy to befall expectant parents. Not only do they have to endure the pain associated with the death of a child, but a mother will have to endure the entire delivery process, only to hold the body of her lifeless baby in the end. Often, stillbirths occur naturally, through no fault of doctor or patient. However, other on other occasions, medical negligence is to blame. It is for these cases that medical malpractice lawyers believe parents are due compensation.
$1 Million Awarded for Pain and Suffering
In 2004, New York’s highest court ruled that women can sue for emotional suffering if their stillbirth is a result of medical malpractice. There have now been a couple cases moving through the legal system that are determining what is justified compensation.
Lucia Ferreira was awarded $1 million in a New York court in February for pain and suffering after she lost her baby during a home labor. During her last three visits to the Wyckoff Heights Medical Center, she complained of abdominal pain but was only given painkillers and sent home.
After the Ferreira case, lawyer Jeff Korek is fighting for more money for his client Vivian Acevedo. He is trying to reason that $1 million should be the standard for medical malpractice stillborn cases. The Acevedo case is against Lincoln Medical and Mental Health Center for a delayed emergency Caesarean that caused the child to be stillborn. Lincoln Medical offered $500,000 but she turned it down.
Medical Malpractice Lawyers in New Jersey and Philadelphia
If you or a family member has recently suffered a stillbirth or has been the victim of medical negligence, and you would like to speak to someone about your legal options please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
As reported by TIME.com,University of Nottingham reporters recently published a review paper that highlighted results of a number of previous studies which suggested that exposing nonsmoking pregnant women to secondhand smoke increases the risk of a stillbirth by 23%. Passive smoking increases the risk of congenital birth defects by 13%. The paper, an analysis based on data retrieved from 19 previous studies, is scheduled to appear in the April issue of the medical journal, Pediatrics.
Simultaneously, researchers tried to link secondhand smoke with miscarriage and unexplained infant death, but were not able to find any correlations. They were also unable to determine during which stages of pregnancy secondhand smoke was most dangerous.
Interestingly, the study stated that the source of secondhand smoke in 5 of the 19 studies was the baby’s father. The paper went on to promote quitting during pregnancy:
“These results highlight the importance for smoking prevention and cessation to focus on the father in addition to the mother during the preconception period as well as during pregnancy.”
The paper’s author, Jo Leonardi-Bee, said that more research is necessary to determine whether fetal effects take place because of the mother’s inhalation of smoke, or because smoking effects the father’s sperm. She also states that these results are based on a minimum of 10 cigarettes a day, but that in the best interest of health, quitting is the best option.
Birth Defects Attorneys in New Jersey and Philadelphia
If your child was born with a birth defect, or suffered from any type of birth injury, and you believe it is due to malpractice or negligence, contact the Mininno Law Office for a free case evaluation, you may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the birth injury lawyers at the Mininno Law Office work to earn you the compensation you need and deserve.