Trusted Stillbirth Negligence Law Firm in Florida
Freedland Harwin Valori Gander represents families across Florida who lost a baby to a preventable stillbirth. These cases are among the most emotionally demanding we handle and among the most important. Holding negligent providers accountable doesn’t bring your child back. But it can bring answers, financial security for your family, and a measure of justice that honors your baby’s life.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 29, 2026
Table of Contents
- What Is the Difference Between Stillbirths and Miscarriages?
- Understanding Medical Malpractice During Childbirth and Late Pregnancy
- Should You File a Florida Miscarriage Malpractice Lawsuit?
- Pursuing a Stillbirth Lawsuit in Florida: Steps and Considerations
- Why Hire FHVG To Represent You in a Stillbirth or Miscarriage Lawsuit
- Childbirth Medical Malpractice Frequently Asked Questions (FAQs)
- Stillbirth and Miscarriage Resources and Support in Florida
What Is a Stillbirth and When Is It Malpractice?
A stillbirth is defined as the death of a baby at or after 20 weeks of pregnancy, either before or during delivery. In the United States, approximately 21,000 stillbirths occur each year. Many are caused by conditions that, with proper medical monitoring and timely intervention, could have been detected and addressed before they became fatal.
Not every stillbirth is the result of negligence. Some result from chromosomal abnormalities or conditions that cannot be prevented or predicted. But a significant number of stillbirths are preventable and when they occur because a healthcare provider failed to meet the accepted standard of care, the family may have grounds for a medical malpractice claim.
Stillbirth malpractice typically involves a failure at some point during prenatal care, labor, or delivery, a failure to diagnose a dangerous condition, respond to warning signs, or intervene in time. Our attorneys work with leading perinatal medicine experts to evaluate exactly where the standard of care broke down.
Common Medical Causes of Preventable Stillbirth
Stillbirths linked to medical negligence often involve one or more of the following underlying conditions that went undetected or unmanaged:
- Placental abruption: the placenta separates from the uterine wall, cutting off the baby’s oxygen supply, a condition that requires prompt recognition and delivery.
Placenta previa: the placenta blocks the cervix, posing serious risks if not properly managed or monitored - Umbilical cord complications: including cord prolapse or nuchal cord, which can restrict blood and oxygen flow to the baby
- Intrauterine growth restriction (IUGR): when a baby fails to grow at the expected rate, signaling potential oxygen or nutrient deprivation
- Gestational diabetes: when undiagnosed or poorly managed, can cause stillbirth, particularly near or at term.
Preeclampsia and HELLP syndrome: dangerous pregnancy complications that demand careful monitoring and timely delivery - Fetal infection: including Group B Streptococcus (GBS), which is screened for routinely, and when missed, can be fatal
- Post-term pregnancy: failing to induce or deliver when a pregnancy exceeds safe gestational limits
How Medical Negligence Leads to Stillbirth
A preventable stillbirth typically doesn’t happen because of one dramatic mistake. It usually results from a series of smaller failures, missed appointments, overlooked test results, delayed interventions that together denied a baby the chance to survive. Common forms of negligence our attorneys have investigated include:
- Failure to order or follow up on non-stress tests (NSTs) or biophysical profiles in high-risk pregnancies
- Failure to diagnose or manage gestational diabetes or preeclampsia despite clear risk factors or abnormal lab values
- Delayed delivery when a mother’s or baby’s condition warranted urgent induction or C-section
- Failure to respond to decreased fetal movement, a red flag that warrants evaluation
- Inadequate fetal monitoring during labor, including failure to recognize distress on the monitor
- Medication errors involving oxytocin or other labor-inducing drugs that can cause uterine hyperstimulation
Florida’s maternal-fetal medicine specialists, OB-GYNs, and labor and delivery nurses are trained to identify and respond to these risks. When Baptist Health, Jackson Memorial, or any other Florida hospital fails to follow established protocols, and a baby dies as a result, that institution bears legal responsibility.
Your story matters and we’re ready to fight for it in court. Call FHV Legal for a free, compassionate consultation.
The Emotional and Financial Reality of Stillbirth Malpractice Cases
We want to be honest with every family we speak with: pursuing a stillbirth malpractice claim is not easy. It means revisiting one of the worst experiences of your life. It means reviewing medical records, giving depositions, and potentially testifying about the most painful moments you’ve ever known.
We don’t take that lightly. Our attorneys approach every stillbirth case with deep respect for your grief and a commitment to protecting you from unnecessary re-traumatization wherever possible. We handle the legal process, the investigations, the expert witnesses, the negotiations, the courtroom, so that you can focus on healing.
Financially, these cases can provide critical support. Families may recover compensation for medical bills related to the pregnancy and delivery, funeral and burial expenses, the mother’s physical and emotional pain and suffering, loss of the parent-child relationship, and in some cases, lost wages during recovery. Where gross negligence is evident, punitive damages may also be available.
Florida Law and Stillbirth Wrongful Death Claims
Florida’s Wrongful Death Act and medical malpractice statutes govern stillbirth cases, but their application can be legally complex. Florida law has historically limited wrongful death claims for the loss of a fetus, though recent legal developments and specific circumstances may affect what claims are available to your family.
Under Florida Statute § 766.301 et seq., the Florida Birth-Related Neurological Injury Compensation Association (NICA) covers some birth injury scenarios, but stillbirth cases generally fall outside NICA and may be pursued in civil court. The statute of limitations for medical malpractice in Florida is generally two years from discovery of the injury, with an absolute bar in most cases at four years.
These legal distinctions matter enormously, and navigating them without experienced counsel can cost families their chance at justice. FHV Legal’s attorneys are deeply familiar with Florida’s malpractice statutes and have successfully represented families in Miami-Dade, Broward, and Palm Beach counties in some of the most sensitive cases we’ve ever handled.
What to Do After a Stillbirth You Believe Was Preventable
In the immediate aftermath of a stillbirth, taking legal action is likely the last thing on your mind. That’s completely understandable. But there are steps that can help preserve your ability to pursue a claim when you’re ready:
- Request complete medical records from your prenatal providers and the hospital as soon as you’re able
- Ask about an autopsy or pathology report for your baby, which may help identify the cause of death
- Write down what you remember, conversations, events, and concerns you raised with providers
- Do not sign any documents from the hospital or its insurers without legal advice
- Contact FHV Legal when you’re ready. We will move at your pace, with compassion
Frequently Asked Questions About Stillbirth Malpractice
How do I know if my baby's stillbirth was caused by medical negligence?
It can be difficult to know without a thorough review of your medical records by a qualified attorney and perinatal medicine expert. Signs that negligence may have played a role include: a provider who dismissed your concerns, abnormal test results that weren’t followed up on, a failure to recommend timely induction or delivery, or documentation gaps in your prenatal or delivery records. FHV Legal offers a free case evaluation to help you understand whether you have a viable claim.
Can I file a lawsuit for a stillbirth in Florida?
Yes, in many cases. Whether your claim proceeds as a medical malpractice action, a wrongful death claim, or both depends on the specific facts of your case and applicable Florida law. These distinctions are nuanced and have evolved through recent litigation. An experienced stillbirth malpractice attorney can advise you on what claims are available and what your family may be entitled to recover.
What is the statute of limitations for a stillbirth malpractice case in Florida?
Florida’s medical malpractice statute of limitations is generally two years from when you knew or should have known the stillbirth was caused by negligence, with an outer limit of four years in most cases. Because these timelines can be complicated by specific circumstances, including the discovery rule and exceptions for fraud or concealment, you should consult an attorney as soon as possible.
What compensation can my family recover after a wrongful stillbirth?
Depending on your circumstances, recoverable damages may include the mother’s medical expenses, pain and suffering during and after the loss, mental anguish and emotional distress, funeral and burial costs, and loss of the parent-child relationship. Where extreme negligence is shown, punitive damages may also be available. Every case is different, and our attorneys will work to understand the full scope of what your family has lost.
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