Can you sue for wrongful death/medical malpractice of an unborn child that wasin the mothers womb for 9months?

So heres the story, my sister in law was due for a scheduled C-Section this past Tuesday the 3rd of June. She wound up going to the hosp on Monday morning because she didnt feel the baby move since Sunday. She gets to the hospital and the doctor tells her there is no hope the baby is gone. This was 12noon monday, the doctor didnt arrive to remove the baby from her until 8:00 that night.

The messed up thing is the baby died because she didnt have enough fluid and the cord was wrapped around her neck. My sister in law went to the doc 2 weeks ago saying she felt like her water broke and there was blood, they checked her and told her shes ok to go home. But they did NOT give her a sonogram. And she was NOT scheduled to come to doctors appointments the last month of her pregnancy. Her last appointment was May8, they scheduled her for her C-section on June2 and said bye see you then.The hospital/doctor had no remorse, they were even laughing during the c section.Do you think this is case?

Btw, we live in New York if that helps. Even though the baby wasnt born she was fullterm and died b4 her c section day.

I am so sorry your sister lost her baby. It is a very difficult thing and one where she would (and all of you as aunties and uncles and cousins) very angry for what has happened.

I lost my baby when he was three days old to a congenital heart defect. It is very very painful.

There may be a case, and only an attorney can tell you what the chances are in something like this.

The cruel hard fact though, is that babies just sometimes die and it's not anyone's fault. You spend a lot of time retracing your steps and not understanding and needing a reason, ANY reason, for this to have happened. It's just a horrible thing to have to go through and a difficult road to walk.

There is an online grief organization that I was with for a time, that is geared specifically for people who have had babies "born still". They can be reached at www.missfoundation.com . I was there for about a month, but realized that I needed support from people who weren't in the midst of their own grief every day, and so after some time, I moved on and depended on my family for my support, however, these people know the pain and suffering your sister and the baby's father are going through, as well as the baby's extended family.

I am so sorry this happened. My thoughts are with you. Please contact me if you want to.

(((HUGS))))

I think she has a pretty good medical malpractice case. Check with the bar association in New York, and ask them to refer you to a lawyer who will work on contingency. They'll meet with her for free, and they don't get paid until she wins something.

OMG that is so sad, so sorry she had to go thru that.....she should have refused to leave the hospital until something was done......although she just may have a case.

I'd talk to an attorney, she just may have a case. So sorry for thier loss!

Yeah, go for the money. You have no case.