Do lawyers not take wrongful death suits for unborn babies? I can't find a lawyer to review my case.

Business 3 views 5 answers
I lost my son at full term and their was obvious negligence on the part of my care takers and hospital. Yet it has been so hard to find a lawyer here in my area and in Texas.

Attorney Answers

5
Peter Munsing ·
They do take them, but your difficulty may be in proving "causation," namely that the unborn child was lost due to their carelessness and not other causes. Part of the problem is that the Texas legislature has been very protective of doctors and insurance companies, as have been most Republican legislatures and Governors. Look for a member of the Texas Trial Lawyers who handles medical carelessness cases, in your part of the state. They give free consultations, and if they say no, rather than argue ask them for a better explanation than you seem to have gotten. If nothing else you may get a bit more closure knowing you have left no stone unturned. If I may presume to suggest, you may also put that energy into helping those seeking to protect the rights of patients ---the Texas Trial Lawyers would be a good source to find that out. However, in your quest for justice don't discuss facts of your situation on social media, as it could be a problem if there is a case or depending on how that is taken.
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John Deprospo ·
I am sorry for you and I hate to be so blunt but the reason why lawyers reject cases is because it does not make economic sense to take them. Medical malpractice cases are very expensive for a lawyer to purse. If the potential settlement or award is not of a certain amount, lawyers will universally pass on the case.
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Robert Painter ·
You should contact a qualified Texas medical malpractice attorney to discuss your potential case. You may find this article helpful on Texas law in this area: http://www.painterfirm.com/a/133/Stillbirth-and-baby-death-lawsuits-in-Texas#tab-1
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Paul F. OliveriPersonal Injury LawyerNew York, NYNY licensed ·
I am sorry for your loss. It is important to remember that lawyers are following the laws that have been put in place by federal and/or state legislators. In New York State, our state laws concerning civil damages suits arising out of baby deaths are antiquated and, in my opinion, unfair and unjust. If the laws can be changed, and that requires the voting populace to vote for more compassionate legislators, then we lawyers could pursue exactly the type of case which you have described. In the meantime, at least in my home state, our hands are tied. I regret that I cannot be more helpful. Because I am not familiar with your state's laws concerning your situation, please do discuss your claim with local medical malpractice lawyers to see whether there is some glimmer of hope.
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