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Wrongful Death of a Fetus and Medical Malpractice in New York

According to the Centers for Disease Control and Prevention, there were 3.98 million births in the United States in 2015. In 2014, the number of births in the country was 3,988,076. This means that the birth rate was 12.5 per 1,000 people. The fertility rate for the same year was 62.9 per 1,000 women between the ages of 15 and 44.

According to the Centers for Disease Control and Prevention, there were 3.98 million births in the United States in 2015. In 2014, the number of births in the country was 3,988,076. This means that the birth rate was 12.5 per 1,000 people. The fertility rate for the same year was 62.9 per 1,000 women between the ages of 15 and 44.

What is Wrongful Death?

A child’s birth is one of the greatest moments in any parent’s life. However, when a fetus or newborn baby dies when something goes wrong, parents ask “why?” If the cause of the fetus or infant’s death was someone else’s fault, the parents may be able to file a wrongful death lawsuit against the negligent party.

Wrongful death occurs when the fault or negligence of another person causes the death. For example, if a woman and her newborn baby in New York are in a car accident caused by the other driver running a red light and it results in the death of the child, the mother may be able to file a wrongful death lawsuit against the other driver. If you think that the death could have been prevented if the other person had acted reasonably, then that person may be liable for wrongful death.

Wrongful Death of a Fetus or Newborn Infant

When a newborn baby dies as a result of another person’s negligence or fault, states have wrongful death laws that allow parents to recover damages. However, when a fetus is killed when something happens, the laws in different states vary on whether parents can bring such claims.

In many states, the law requires children to be born alive before parents or other parties can take a wrongful death action on their behalf. In states that permit wrongful death lawsuits on behalf of a fetus, there are some that require the fetus to be able to live outside the womb, or viable, at the time of death while others do not have such requirements.

If you have any questions about whether you can file a wrongful death lawsuit on a fetus’ behalf in New York, you should consult an experienced lawyer or check the laws in your state.

Why You should File a Wrongful Death Lawsuit

While your loved one cannot be replaced by any amount of money, filing a lawsuit against the party that caused the death can ensure that they are punished for their negligence and also give you some measure of financial relief. Although state laws vary, surviving family members are typically awarded damages designed to compensate them for the loss of emotional and financial support of their loved ones. Punitive damages may also awarded by the courts to punish the liable party.

Get Expert Legal Help in New York

If you or a loved one has lost a child due to your doctor or hospital’s negligence, you should immediately seek the help from the fantastic medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. You can discuss the facts of your case at a free consultation and determine the best steps to take to punish the liable party. And they should be punished!

But screaming at the hospital staff does you no good. It does not make any sense; you may need one of them on your side in a few months. These cases are long and complicated but we know how to win them. There is a possibility we could settle out of court and not go to trial.

But you have to call us first. What is your side of the story? Is your case viable? Call RMFW Law today! We charge you nothing up front.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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