Cause of Action for Loss of Fetus in New York?

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.

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ANSWER for "Cause of Action for Loss of Fetus in New York?":

Michael (Fishkill, New York):

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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy