Fetal Death

San Antonio Fetal Death Attorney

Compassionate help after a stillbirth or the wrongful death of an unborn baby in Texas

Under Texas law, if a fetus dies or is stillborn as a result of medical negligence or wrongdoing, the parents of the child have the right to pursue a wrongful death claim against the responsible party (or parties). However, to do so, the parents must prove that the death was caused by the negligent or wrongful acts of another party, which can be a nearly impossible task to take on alone.

Birth injury and wrongful death laws here in Texas can be complex, and the legal rights and options available to your family depend on the specific circumstances of your case. If you’ve experienced the loss of a child due to medical negligence, the experienced, compassionate attorney at the Law Offices of Pat Maloney wants to help you understand all your options. Our team can protect your right to compensation and fight for the justice to which you are entitled for your family’s losses and damages. Let us help.

Call the Law Offices of Pat Maloney today or fill out our contact form to request a free, confidential consultation with a member of our team. 

How can a San Antonio fatal birth injury lawyer help?

A San Antonio fatal birth injury lawyer can help in several ways:

  • Investigating the cause of the injury. A fatal birth injury lawyer can investigate the circumstances surrounding your child’s death. This can involve reviewing medical records, consulting with medical experts, and conducting interviews with witnesses.
  • Evaluating your legal options. Based on the findings of the investigation, a fatal birth injury lawyer can evaluate your legal options and advise you on the best course of action. This may include filing a medical malpractice lawsuit, negotiating a settlement with the responsible parties, or pursuing other legal remedies.
  • Advocating for your rights. A fatal birth injury lawyer can represent you and advocate for your rights throughout the legal process. This can include negotiating with insurance companies, arguing your case in court, and working to ensure that you receive the compensation your family deserves.
  • Providing support and guidance. A fatal birth injury lawyer can provide emotional support and guidance during a difficult and stressful time. They can answer your questions, address your concerns, and keep you informed throughout the legal process.

Most importantly, a San Antonio fetal death lawyer can help you navigate a complicated legal system, protect your rights, and work to ensure that you secure the compensation and justice to which you are entitled.

What medical conditions can lead to the death of an unborn child?

There are a variety of conditions that can occur during pregnancy and labor that, if not addressed immediately and properly, can lead to the death of the child, including:

  • Bleeding, decreased blood flow, oxygen deprivation, and trauma during delivery are common causes of fatal birth injuries. Placenta previa, where the placenta blocks the cervix, can cause vaginal bleeding and requires bed rest and close monitoring to prevent premature delivery and placental abruption. Placental abruption is a medical emergency that causes catastrophic bleeding and oxygen deprivation to the infant.
  • Uterine rupture, a tear in the uterus wall, is another condition that puts both mother’s and baby’s lives in danger. There is an increased risk of uterine rupture for mothers who go into labor after having a prior Cesarean section or if a high-risk mother is allowed to labor for too long. Failure to timely deliver a macrosomic baby can also cause uterine rupture, resulting in life-threatening injury to both mother and baby.
  • Umbilical cord injury and preeclampsia are medical conditions that can cause decreased blood flow to the fetus, leading to severe injury or death. Proper diagnosis and treatment of these conditions are crucial to avoid serious injuries to the mother and baby.
  • Hypoxia, or oxygen deprivation, can cause brain damage or death to a baby in the womb. Obstetricians and medical staff must be aware of the symptoms and warning signs that a baby is experiencing a lack of oxygen, caused by factors such as umbilical cord problems, placental issues, or a long and stressful labor and delivery.

Complicated deliveries can lead to fatal birth injuries caused by medical negligence, such as improper use of a vacuum extractor or forceps, unnecessary Cesarean sections, and failure to detect fetal distress or clear the baby’s airway properly.

These situations and conditions can greatly increase the risk of injury and death to a newborn. Our San Antonio lawyer investigates every detail of your pregnancy, labor, and delivery to determine what went wrong and who should be held accountable.

Who is liable for the death of my unborn child?

Losing an unborn child is an immense tragedy for any family, and it is even worse when it’s found that the cause of death was preventable. Here at the Law Offices of Pat Maloney, we dedicate ourselves to uncovering the cause of what happened and ensuring you are informed of all your legal rights.

We hold all obstetricians, doctors, nurses, and medical professionals liable who fail to:

  • Recognize symptoms of complications and fetal distress
  • Address your concerns and complaints
  • Communicate effectively with medical staff
  • Take action to prevent prolonged and dangerous labor
  • Monitor both the mother and baby for signs of distress
  • Monitor the fetal heartbeat
  • Safely and correctly use delivery tools such as forceps and vacuum extractors.

Liable parties can also include the hospital or medical facility for failing to uphold appropriate standards of care. Rest assured our legal team will investigate and hold all liable parties accountable.




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What damages can I seek in a fetal death claim?

There is no set value for a fatal birth injury claim, as they can be very complex and require a great deal of medical knowledge. We take into account every detail and every loss you and your family have experienced when we take your case, working to secure maximum compensation, including:

  • Funeral and burial expenses
  • Medical expenses
  • Emotional pain and suffering
  • Loss of companionship and enjoyment of life
  • Physical pain and suffering endured by your child

Do you have a fatal birth injury attorney near me?

The Law Offices of Pat Maloney is located at 239 E Commerce St. in the center of Downtown San Antonio, TX. We are the owner of one of the most beautiful and historic buildings in San Antonio. There’s plenty of parking nearby. If you cannot travel, we can arrange a phone or video conference, or an in-hospital visit.

Get in touch with a fatal birth injury lawyer in San Antonio today

There may be no tragedy worse than the loss of an unborn child – the loss of a life full of promise and hope. At the Law Offices of Pat Maloney, we understand what you and your family are going through and we want to help. We understand you need to take the time to grieve your loss and we will allow you to do so while we take care of all necessary legal matters. Look to us for the skilled and knowledgeable assistance you need. Simply call our San Antonio offices or fill out our contact form for a free consultation and confidential case evaluation today.