Stillbirth Malpractice Lawyer in Pennsylvania and New Jersey

Losing a baby to stillbirth is a pain no family should ever have to carry, and when that loss may have been preventable, the questions can feel endless. A caring stillbirth malpractice lawyer in Pennsylvania and New Jersey can help you find answers, hold the right parties accountable, and protect your family's future. At Wapner Newman, we walk beside families through some of the hardest moments of their lives.

For more than 40 years, our team has stood up for families across Pennsylvania and New Jersey who were harmed by medical negligence. We understand that no legal claim can undo your loss, so our focus is on what we can do. We can listen, uncover what happened, and pursue the justice and resources your family deserves.

If you believe a preventable medical error contributed to your baby's death, we are here for you. Call us today at (215) 569-0900 for a free, confidential consultation. There is no cost and no pressure in simply asking us your questions.

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What Is Stillbirth Malpractice?

Stillbirth malpractice happens when a preventable medical error, rather than natural causes, contributes to the death of a baby at or after 20 weeks of pregnancy. Not every stillbirth results from a mistake, and we say that honestly. But when a provider falls short of accepted medical care, families deserve to know why.

A stillbirth is the loss of a pregnancy at or after 20 weeks, before or during birth, according to the Centers for Disease Control and Prevention. Many stillbirths have causes that no one could have prevented. Others trace back to warning signs that should have been caught and acted on.

The standard of care is simply what a reasonably careful provider would have done in the same situation. When a doctor, nurse, or hospital falls below that standard, and a baby dies as a result, the law may recognize a claim.

Medical researchers continue to study why stillbirths happen and how more of them might be prevented, as explained by the National Institute of Child Health and Human Development.

Some families sense that something went wrong but cannot put it into words. Others were told very little about what happened in the delivery room. Either way, a careful review of the medical record can bring clarity where there was only silence.

We know these are painful distinctions to think about. Our role is to help you understand, gently and clearly, whether your family's loss may involve negligence.

How We Help Families in Pennsylvania and New Jersey After a Stillbirth

We handle the legal and investigative work so you can focus on healing. From the first phone call, our stillbirth malpractice attorneys take on the burden of gathering records, consulting medical professionals, and building your case. In our decades representing families across Pennsylvania and New Jersey, we have learned that grieving parents need support, not pressure.

Here is how we help:

  • We review your medical records and the details of your pregnancy, labor, and delivery at no cost to you.
  • We consult qualified medical professionals to determine whether the standard of care was met.
  • We explain your options in plain language, so you always understand what is happening and why.
  • We handle every conversation with hospitals and insurance companies, so you never face them alone.
  • We pursue accountability and fair compensation while treating your family with compassion at every step.

You will never pay us anything up front. We work on a contingency fee, which means our fee comes only from a recovery we obtain for you. If you are ready to talk, we are ready to listen.

When you call, you will speak with someone who treats your story with the care it deserves. We move at a pace that feels right for you, and we never rush a grieving family.

What Causes a Preventable Stillbirth?

A preventable stillbirth often traces back to missed warning signs or delayed treatment during pregnancy or delivery. When providers overlook symptoms that call for action, a baby's life can be placed at risk. Based on our experience handling birth injury and medical malpractice cases, several situations come up again and again.

Common examples include:

  • Failure to monitor or respond to fetal distress during labor
  • Delayed diagnosis or mismanagement of preeclampsia and high blood pressure
  • Untreated maternal infections that reach the baby
  • Failure to act on problems with the placenta, such as placental abruption
  • Umbilical cord complications that go unrecognized
  • Delayed or improperly performed emergency cesarean delivery
  • Errors in medication or in reading important test results

Each of these situations involves a moment where different care might have changed the outcome. That does not mean every difficult delivery involves negligence. Reviewing the records carefully is the only way to know, and that is exactly what we do for your family.

If you are unsure whether your loss involved a mistake, that is completely understandable. Most parents are not medical professionals, and the truth is often hidden in technical records. We are here to translate those records into answers you can understand.

Who Can Be Held Accountable in a Stillbirth Malpractice Case?

In a stillbirth malpractice case, accountability may extend to any provider whose care fell below the accepted standard. That can include an obstetrician, a nurse, a midwife, or the hospital itself. Our focus is never on blame for its own sake, but on responsibility and on making sure those entrusted with your care are held to the standard the law requires.

Depending on the facts, the responsible parties may include:

  • The obstetrician or physician who managed your pregnancy or delivery
  • Nurses or other staff who monitored you and your baby
  • A hospital or medical practice responsible for its employees and policies
  • A laboratory or specialist involved in your prenatal care

Identifying the right parties takes a careful review of who was involved and what each one did or failed to do. We handle that investigation for you, so your family can focus on one another during a difficult time.

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Pursuing a Stillbirth Claim in Pennsylvania

In Pennsylvania, families may be able to bring a wrongful death and survival claim when a viable baby dies before birth because of medical negligence. Pennsylvania courts have recognized these claims for a an unborn baby who was capable of surviving outside the womb. The Pennsylvania Wrongful Death Act allows certain family members to recover for the losses caused by a death due to another's negligence.

In Pennsylvania, this protection can apply to the loss of a viable baby, generally understood as around 24 weeks or later. Pennsylvania also sets time limits for filing. In most situations, families have two years from the date of death to bring a claim, though the specific deadline depends on the facts.

Because these rules can be complex, speaking with a stillbirth malpractice lawyer early helps protect your rights. We say this gently, so you can plan with care. Waiting can make a case harder to pursue, and reaching out sooner gives your family the most options.

Is a Stillbirth Claim Different in New Jersey?

Yes, New Jersey handles these claims differently from Pennsylvania. Under the New Jersey Wrongful Death Act, courts have held that a claim cannot be brought on behalf of a baby who was not born alive. This comes from a longstanding New Jersey Supreme Court decision.

Even so, New Jersey parents are not left without a path forward. The state allows mothers and fathers to bring their own claim for the emotional distress and mental suffering caused by malpractice that results in a stillbirth. New Jersey also requires providers to properly document a stillbirth through the New Jersey Department of Health.

The differences between the two states are one reason families reach out to us. Because we handle cases in both Pennsylvania and New Jersey, we can explain how the law applies to your specific situation. You do not have to figure any of this out on your own.

Compensation and Resources for Grieving Families

A stillbirth malpractice claim is never about putting a price on your baby. It is about accountability, answers, and the resources your family needs to grieve, heal, and move forward. We approach this subject with care, because we know money can feel like a painful thing to discuss after such a loss.

Compensation exists to ease practical burdens and to hold negligent parties responsible, so that other families may be spared. Depending on your case and your state, a recovery may help cover:

  • Medical and hospital expenses related to the pregnancy and delivery
  • Funeral and burial costs
  • Counseling and mental health support for grieving parents
  • The emotional pain, suffering, and loss your family has endured

No family should have to shoulder these costs alone on top of their grief. When we pursue a claim, we do so to lift some of that weight and to seek the justice your family deserves.

Pursuing a claim can also bring a measure of closure. For many families, knowing that a hospital changed its practices means another baby may be protected. That sense of purpose can become part of healing.

Why Families Across Pennsylvania and New Jersey Turn to Us

Families choose Wapner Newman because we combine four decades of results with genuine compassion. We treat the people we represent like members of our own extended family. From our office on John F. Kennedy Boulevard in the heart of Center City Philadelphia, we have served families across the region and throughout New Jersey for more than 40 years.

Over that time, our team has recovered significant results in serious injury and loss cases, including a $45 million recovery for a survivor of abuse and multimillion-dollar results for families who lost loved ones. Here is what sets our team apart:

  • Decades of experience in medical malpractice and birth injury matters
  • A compassionate, trauma-informed approach to sensitive cases
  • Clear communication, so you are never left in the dark
  • No fees unless we obtain a recovery for you

Past results do not predict the outcome of any future case, and every family's situation is unique. What you can count on is that we will listen, fight for accountability, and stand beside you. To speak with a stillbirth malpractice lawyer who will treat your family with respect, call us today.

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FAQs about Stillbirth Malpractice Claims in Pennsylvania and New Jersey

Below are answers to questions we often hear from families considering a stillbirth malpractice claim in Pennsylvania and New Jersey.

How much does it cost to hire a stillbirth malpractice lawyer?

There are no up front costs to work with our team. We handle these cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. Your first consultation is always free and completely confidential.

How long do stillbirth malpractice cases usually take?

Every case moves at its own pace, depending on its complexity and the number of parties involved. Some claims resolve through settlement, while others take longer if they proceed toward trial. We keep you informed at each stage, so you always know where things stand.

Will my family have to go to court?

Many claims are resolved through settlement without a trial. If going to court becomes the right path to fair accountability, our experienced trial attorneys are fully prepared to represent your family. We will discuss every option with you before any decision is made.

What if I am not sure whether malpractice occurred?

That uncertainty is exactly why we offer a free case review. We will examine the medical records and consult qualified professionals to help you understand what happened. You are under no obligation, and there is no cost for us to look into it.

Do both parents need to be involved in the claim?

Not necessarily, and the answer depends on your state and your family's circumstances. We can explain who is eligible to bring a claim once we learn more about your situation. Our team will guide you through each step with sensitivity.

Is there a deadline to file a stillbirth malpractice claim?

Yes, both Pennsylvania and New Jersey set time limits for these claims, and both states also require early supporting documentation from a qualified medical professional. Because deadlines vary with the facts, it is wise to reach out as soon as you feel ready. We will make sure your rights are protected.

You Do Not Have to Face This Alone

Your family deserves answers, compassion, and a team that will fight for accountability. At Wapner Newman, we are here for you, no matter what. If you believe medical negligence contributed to your baby's stillbirth, reach out to a stillbirth malpractice lawyer in Pennsylvania and New Jersey who will listen with care.

Call us today at (215) 569-0900 for a free, confidential consultation. There is no cost, no pressure, and no obligation. Let us carry this burden with you.

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