Not every state permits parents to pursue a claim for medical malpractice or wrongful death following the stillbirth of their baby. In certain states the mother alone has standing to file a lawsuit. The father has no remedy. Some states have a cause of action solely for certain mothers for the emotional harm she experienced due to the death of her baby. To be eligible she needed to have suffered her own physical injury from the identical act of medical negligence that led to the stillbirth.

Look at the published story a man and woman who married in their forties and who, more than anything else, wished to have a baby. They wanted to have a child so much that they began trying to get pregnant even before they got married. Once they learned that they were pregnant the pair was elated with the news that they were going to be having their first child. Subsequently they were told that they were having a son and they were overjoyed with the news. The expectant parents selected a name for their baby. They decorated and equipped a room in their home for the baby. Next they threw a baby shower and invited friends and family.

The mother did everything feasible to ensure that the baby is safe and healthy during the pregnancy. She solely ate and drank what was healthy for her baby. The mother took her pre-natal vitamins. The mother went to every prenatal checkup. She did everything her doctor orders and suggestions. Testing carried out during her prenatal care confirmed a normally developing baby.

The mother got to the hospital when she reached full term and it was time deliver the baby. Upon admission she was taken to the delivery room for a natural delivery. As time went on she realized that she could not get the baby past the birth canal. At this point she asked that her doctor cease further attempts at a natural childbirth and instead perform a C-section to deliver the child.

Testimony regarding the events that took place revealed that the physician was focused more on flirting with a nurse in the delivery room than on looking after the mother and her unborn baby. When the mother asked for the C-section the physician started calling her a coward and lazy. The physician said she was just trying to avoid the pain of childbirth. The physician said she was not trying hard enough. The doctor even said she would never be a good mother.