Visitor Question

Cause of Action for Loss of Fetus in New York?

Submitted By: Michael (Fishkill, New York)

Can a plaintiff recover any damage award for losing her fetus after falling down (not a medical malpractice cause of action)? In what circumstance would she be able to get a settlement? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Michael,

Unless there are special circumstances which caused the mother to fall, our research could find no instances in which a mother can be compensated for the loss of her fetus simply by accidentally falling.

The special circumstances we speak of might be when a 3rd person intentionally assaults the mother, and the assault resulted in the death of the fetus.

Another circumstance might be when a mother is having a dilation and curettage, commonly known as a “D and C”, and the D and C resulted in serious infection to the mother.

It’s difficult to prove the causal relationship which resulted in the death of a fetus. Doing so will take expert medical testimony. If the mother believes her fetus was unnecessarily aborted as a result of medical malpractice there are Attorneys who can help.

Some personal injury attorneys specialize in medical malpractice cases. They have special training and experience in the medical field.

If a woman has decided to have a D and C, sometimes known as an abortion, making sure the procedure is accomplished in a competent medical environment is imperative. Doing so can avoid the possibility of infection and serious bodily injury or death.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 13, 2011

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