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Stillbirth

Stillbirth 2016-11-24T16:14:06+00:00

If a pregnancy ends in the premature death of a developing infant at any point between 20 weeks of gestation and labor, it’s referred to as a stillbirth. Pregnancies that end in fetal death at an earlier point are usually referred to as miscarriages. In the United States, there are approximately six stillbirths for every 1000 live births. No matter what the cause, a stillbirth is often a traumatic and heartbreaking experience for everyone involved.

Why Do Stillbirths Occur?

The factors that can lead to a stillbirth can be very complex and difficult to define. Sometimes, medical complications, such as placental disease or fetal abnormalities, are to blame. In these cases, no one is at fault and nothing could have been done differently to prevent the stillbirth from occurring. However, there are times when a stillbirth occurs due to a mistake made by the doctor or hospital staff, either during delivery or at some point before. If you’ve experienced a stillbirth that you believe might have been due to medical malpractice, you may want to pursue legal action.

Do You Have a Case for a Medical Malpractice Lawsuit?

To successfully win a lawsuit, it will need to be proven that your doctor or another medical provider made an error that resulted in your stillbirth.

  • Common errors that can lead to stillbirth include:
  • Failing to provide sanitary conditions during checkups or labor.
  • Not taking the proper steps to identify risk factors that could lead to a stillbirth.
  • Using an improper dosage of a medication, such as Pitocin, during labor.
  • Failing to perform necessary checkups to ensure the developing infant is safe and healthy.
  • Waiting too long to induce labor or perform a cesarean when necessary.
  • Ignoring the mother’s worries regarding the health of her developing infant.

These are only a few of the common errors that could potentially lead to the death of the infant. The details of a lawsuit for stillbirth vary case by case, so if you’re unsure whether your case qualifies, speaking to an experienced attorney is always a good first step.

How Do You Prove Your Case?

If you pursue a lawsuit, you will need to prove your case in court. The first step toward doing this is establishing whether or not your doctor or medical staff breached the expected standard of care. This usually involves testimony from a qualified medical professional, such as an OBGYN. Once this has been established, the next step is proving that this failure to provide adequate care led to a measurable amount of harm.

In cases of stillbirth, harm usually comes in the form of extra medical bills and a lot of pain and suffering. In some cases, this suffering extends beyond the immediate grief of losing an expected infant. Complications from the stillbirth could potentially lead to issues during future pregnancies, infertility or other damage to the body. There also might be lasting mental effects, such as post-traumatic stress disorder or depression. Emotional issues as a result of stillbirth can be difficult to prove in court, which is why a qualified attorney is so crucial for success.

A stillbirth is a very unfortunate event that you shouldn’t have to suffer through alone. If you need help, please contact us today. We have the experience to provide you with the answers you need and help you determine if you have a case.

Record Results

$55 Million - Birth Injury
Largest Malpractice Verdict in MD.

$33.5M - Birth Injury
Largest Malpractice Verdict in TN.

$15.5M- Birth Injury
Largest Malpractice Verdict MN.

$21M- Birth Injury
Verdict Maryland.

$15.6M Cerebral Palsy
Verdict Maryland.

$14M- Medical Malpractice
Verdict Maryland.

$9.2M- Birth Injury/CP
Largest Verdict in MN.
(Before we set record above)


$7M- Failure to Diagnose
Verdict Minnesota.

$5.3M- Failure to Diagnose Cancer
Verdict Washington D.C.

$5M- Cerebral Palsy/Birth Injury
Verdict Iowa.

$5M - Cebral Plasy/Birth Injury
Verdict Illinois.

$5M - Birth Injury
Verdict North Carolina

$4.5M - Birth/Brain Injury
Verdict Pennsylvania.

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Gary A. Wais, Sr. Partner

Gary is the senior managing partner. Practicing for 30 years, he has dedicated his career to championing the needs of the most seriously injured victims of malpractice. Focusing specifically on birth injury cases, Gary continues to obtain record setting verdicts and settlements in Maryland and Nationwide.

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Kenneth Vogelstein, Sr. Partner

Kenny is a senior partner and a physician. His medical knowledge has proven invaluable in his 25 year practice. Kenny focuses on birth trauma, cerebral palsy and catastrophic malpractice injuries. He has recovered millions in verdicts and settlements on behalf of his seriously injured clients.

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Keith D. Forman, Partner

Keith, a partner, was member of the team that obtained 3 of the 4 largest verdicts in Medical Malpractice history in Maryland, including a $55M verdict and a $21M verdict respectively against two hospitals. A keen and tenacious advocate for his clients, he was invited to join the prestigious Million Dollar Advocates Forum.

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Stephen C. Offutt, Partner

Stephen is one of the Nation's preeminent and seasoned Medical Malpractice trial lawyers. With an extensive record of multi-million dollar verdicts, in 2014 the National Trial Lawyers Association named him one of the Best Trial Lawyers in America following a birth injury verdict for $33.4M. Stephen fights aggressively for seriously injured children nation wide.

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Mary Koch, Partner

Mary will stand & deliver Big for Justice. From her early days as a Federal Prosecutor to large corporate wrong doers, her multi-million verdicts are prolific. Mary won a 34.3M verdict against corporate wrongdoing, one of the Nation's largest in 2010. Mary is tenacious crusader for the rights of injured victims and will fight relentlessly for Justice

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"A seriously unbelievable malpractice team. It truly is high-stakes litigation and this is the malpractice dream team you want. They have the knowledge, resources and tenacity to obtain successful results over the long haul and they are clearly not afraid of anybody. Because of their work, our familie's very existence is made possible."
– D.L.

"Reading this firm's lengthly list of verdicts and settlements in medical malpractice and birth injury is what convinced us. We took a lot of time to select the right law firm for our disabled child with serious life time disability and we are glad we did. Our son will have millions in life time needs because of the hospital care and they did not want to listen to us. They can hear us loud and clear now."

– A.J.

"There are no words to begin to explain how grateful we are for what your team has done for our family. I cannot begin to imagine how we would have survived following the negligent care. Your positive encouragement and support was a beacon of light throughout this difficult process. Hearing that eight figure verdict read in court was the sweetest thing I have ever heard. Thank you and Bless you. "

– W.R.

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