Filing a Wrongful Death Lawsuit for Stillbirth in Arizona

TL;DR

In Arizona, parents can file a wrongful death lawsuit for a stillbirth caused by medical negligence. State law, supported by key court decisions, recognizes a viable fetus as a “person” for the purposes of a wrongful death claim. To succeed, you must prove that a healthcare provider’s failure to meet the accepted standard of medical care directly resulted in the death of your unborn child. This type of claim allows parents to seek compensation for their profound emotional suffering, loss of companionship, and related financial costs like medical and funeral expenses.

Key Highlights

Legal Standing: Arizona law (A.R.S. § 12-611) permits wrongful death claims for a viable fetus.
Proving Negligence: You must establish a duty of care, a breach of that duty, direct causation, and resulting damages.
Common Causes: Cases often involve failure to monitor fetal distress, mismanagement of high-risk pregnancies, or errors during delivery.
Statute of Limitations: You generally have two years from the date of the stillbirth to file a lawsuit in Arizona.
Recoverable Damages: Compensation can cover emotional grief, loss of affection, medical bills, and funeral costs.

The loss of a child is a devastating experience, and when it happens before birth, the grief is compounded by a unique sense of silence and isolation. In the United States, stillbirth affects approximately one in every 175 births, leaving thousands of families heartbroken each year. While many stillbirths occur due to unpreventable complications, a tragic number are the result of medical errors that could and should have been avoided. These preventable losses leave parents with not only sorrow but also pressing questions about the quality of care they received.

In Arizona, the legal system provides a specific path for parents to seek answers and accountability. The state’s wrongful death statute, Arizona Revised Statutes (A.R.S.) § 12-611, has been interpreted by the courts to protect the rights of the unborn. The landmark case, Summerfield v. Superior Court, established that parents can bring a wrongful death action for a viable fetus—one that could have survived outside the womb. This legal precedent is a critical foundation for families who suspect that a doctor’s or hospital’s negligence led to their loss.

Understanding your rights under Arizona law is the first step toward seeking justice. This involves demonstrating that a healthcare provider’s actions or inactions fell below the accepted standard of care and directly caused the stillbirth. The process requires a careful examination of medical records, testimony from expert witnesses, and a clear understanding of the legal deadlines that govern these claims. For grieving parents, pursuing a legal claim is not about assigning blame; it is about holding medical professionals accountable and ensuring no other family endures a similar, preventable tragedy.

Understanding Stillbirth and Wrongful Death in Arizona Law

When a family experiences a stillbirth, the legal terminology can feel cold and confusing. However, knowing how Arizona law defines these terms is essential for understanding your rights. A stillbirth is medically defined as the death of a fetus at or after 20 weeks of gestation. This is legally distinct from a miscarriage, which refers to a pregnancy loss before the 20-week mark. For a wrongful death claim in Arizona, the key factor is not just the gestational age but the concept of “viability.”

The Legal Definition of a “Person” in Arizona

The core of a wrongful death claim is that a “person” has died due to the wrongful act or negligence of another. For a long time, it was unclear whether an unborn fetus qualified as a person under these statutes. The Arizona Supreme Court provided a definitive answer in the 1984 case of Summerfield v. Superior Court.

In that case, the court ruled that parents could sue for the wrongful death of their viable, unborn child. The court reasoned that it was illogical to allow a claim if a baby was born alive and survived for a few minutes but deny a claim if the same negligent act caused the baby to be stillborn. This decision established that a viable fetus is considered a “person” under A.R.S. § 12-611. Viability is generally considered to be around 23 to 24 weeks of gestation, though it can be determined on a case-by-case basis with medical expert testimony.

Who Can File a Wrongful Death Claim for Stillbirth?

Arizona law specifies who is eligible to file a wrongful death lawsuit. For the loss of an unborn child, the claim is typically brought by the surviving parent or parents. A.R.S. § 12-612 outlines the parties who can initiate the action:

The surviving mother.
The surviving father.
A personal representative of the deceased fetus, acting on behalf of the parents.

The purpose of the lawsuit is to recover damages on behalf of these statutory beneficiaries—the parents who have suffered the immense loss. The claim acknowledges the profound emotional and relational harm that results from the death of a child, even one who never took a breath outside the womb.

Proving Medical Negligence: The Four Essential Elements

A stillbirth alone is not enough to file a successful wrongful death lawsuit. The central challenge is proving that the stillbirth was caused by medical negligence, also known as medical malpractice. To do this, your legal team must establish four specific elements. Failure to prove even one of these elements will prevent the claim from succeeding.

1. Duty of Care: This is the first and most straightforward element to prove. You must show that a professional doctor-patient relationship existed between you and the healthcare provider (e.g., an obstetrician, nurse, or hospital). When a pregnant patient seeks care from a doctor, that doctor assumes a legal duty to provide treatment that meets the accepted medical standard of care.

2. Breach of Duty: This is the core of the negligence claim. You must demonstrate that the healthcare provider failed to act as a reasonably competent and skilled professional in the same field would have under similar circumstances. This is known as the “standard of care.” A breach of this duty is not just a simple mistake; it is a failure to provide adequate medical attention. Examples of a breach of duty in a stillbirth case include:

Failing to order necessary tests during pregnancy.
Misinterpreting the results of an ultrasound or non-stress test.
Ignoring a mother’s reported symptoms, such as reduced fetal movement.
Failing to properly manage a high-risk condition like preeclampsia or gestational diabetes.
Delaying a medically necessary Cesarean section (C-section).

Proving a breach of duty almost always requires testimony from a medical expert. This expert, typically another obstetrician, will review the medical records and explain to the court how the defendant’s actions deviated from the accepted standard of care.

3. Causation: This element connects the breach of duty directly to the injury. You must prove that the healthcare provider’s negligence was the direct and proximate cause of the stillbirth. In other words, you must show that “but for” the provider’s error, the baby would have likely survived. This can be one of the most difficult elements to prove, as the defense may argue that the stillbirth was caused by an unpreventable genetic abnormality or a sudden, unforeseeable complication. Your legal team will rely heavily on medical expert testimony to draw a clear line from the negligent act to the tragic outcome.

4. Damages: Finally, you must demonstrate that you suffered legally recognizable harm as a result of the stillbirth. In a wrongful death claim for a stillborn child, damages are not focused on the lost future earnings of the child. Instead, they are centered on the profound suffering of the parents. These damages include:

The parents’ pain, grief, sorrow, and mental anguish.
The loss of love, affection, comfort, and companionship that the child would have provided.
Any medical expenses related to the negligent care.
Funeral and burial expenses.

By successfully proving these four elements, you can hold the negligent medical provider accountable for the immense harm caused.

Common Causes of Stillbirth Linked to Medical Malpractice

While some stillbirths have no clear cause, many are linked to specific medical conditions and events during pregnancy, labor, and delivery. When a healthcare provider fails to properly identify or respond to these situations, it can form the basis of a medical negligence claim.

Failure to Detect and Respond to Fetal Distress

One of the most common reasons for a stillbirth-related malpractice claim is the failure to recognize and act on signs of fetal distress. During labor and delivery, a baby’s heart rate is monitored to ensure it is receiving enough oxygen. A competent medical team should be able to identify warning signs from a fetal heart rate monitor, such as:

Tachycardia: An abnormally fast heart rate.
Bradycardia: An abnormally slow heart rate.
Late Decelerations: A drop in heart rate after a contraction, which can indicate placental insufficiency.
Variable Decelerations: Abrupt drops in heart rate, often linked to umbilical cord compression.

When these signs appear, a reasonably prudent doctor should take immediate action, which might include providing oxygen to the mother, changing her position, or performing an emergency C-section. A delay or failure to respond can be catastrophic.

Mishandling of High-Risk Pregnancies

Certain conditions make a pregnancy high-risk and require more vigilant monitoring. A healthcare provider’s failure to diagnose or properly manage these conditions can constitute negligence.

Preeclampsia: A condition characterized by high blood pressure and protein in the urine. If left untreated, it can lead to eclampsia (seizures) and reduced blood flow to the placenta, starving the baby of oxygen and nutrients.
Gestational Diabetes: High blood sugar levels during pregnancy can lead to a condition called fetal macrosomia (an overly large baby), which increases the risk of birth injuries and stillbirth. Proper management includes diet, exercise, and sometimes medication.
Intrauterine Growth Restriction (IUGR): This is a condition where the fetus is not growing at a normal rate. It requires careful monitoring through ultrasounds. Failure to diagnose IUGR can lead to stillbirth.

Placental Abruption and Umbilical Cord Issues

The placenta and umbilical cord are the baby’s lifeline. Any problems with them must be addressed immediately.

Placental Abruption: This occurs when the placenta separates from the uterine wall before delivery, cutting off the baby’s oxygen supply. Symptoms include vaginal bleeding, abdominal pain, and uterine tenderness. A failure to diagnose this and perform an emergency C-section can be fatal.
Umbilical Cord Prolapse: The cord slips down into the birth canal ahead of the baby, becoming compressed and cutting off blood flow. This is a medical emergency requiring an immediate C-section.
Nuchal Cord: The umbilical cord is wrapped around the baby’s neck. While common and often harmless, a tight nuchal cord can restrict oxygen during delivery and requires careful monitoring.

Infections During Pregnancy

Certain maternal infections can be dangerous for the fetus if not diagnosed and treated. A common example is Group B Streptococcus (GBS). Most pregnant women are screened for GBS between 36 and 38 weeks. If a mother tests positive, she is given antibiotics during labor to prevent transmission to the baby. Failure to screen for or treat GBS can lead to a severe infection in the newborn or, in some cases, stillbirth.

The Legal Process: Steps in Filing a Stillbirth Wrongful Death Claim

Pursuing a wrongful death claim is a structured legal process. While every case is unique, the journey generally follows a series of predictable steps. Having an experienced attorney to guide you through each stage is invaluable.

Step 1: Initial Consultation and Case Evaluation The process begins with a consultation with a wrongful death attorney who specializes in medical malpractice. During this meeting, you will share the details of your pregnancy, labor, and delivery. The attorney will ask questions to understand the timeline of events and identify potential signs of negligence. You should bring any medical records you have. The attorney will evaluate the facts to determine if you have a viable claim.

Step 2: Investigation and Evidence Gathering If the attorney believes you have a strong case, they will begin a thorough investigation. This is the most critical phase and involves:

Collecting All Medical Records: Your attorney will obtain complete records from the obstetrician, hospital, and any other healthcare providers involved in your prenatal care and delivery.
Hiring Medical Experts: The records will be sent to independent medical experts for review. These experts (e.g., an obstetrician, a perinatologist, a neonatologist) will provide a professional opinion on whether the standard of care was breached and if that breach caused the stillbirth. An expert opinion supporting your claim is required to move forward.
Identifying Witnesses: The legal team may also identify and interview nurses or other medical staff who were present during your care.

Step 3: Filing the Lawsuit Once the investigation confirms evidence of negligence, your attorney will file a formal complaint in the appropriate Arizona court. This document names the defendants (the doctor, hospital, etc.), outlines the allegations of negligence, and states the damages you are seeking. Once the complaint is filed, the defendants are formally served and have a set period to file a response.

Step 4: The Discovery Phase Discovery is the formal process where both sides exchange information and evidence. It is often the longest phase of the lawsuit and can take many months or even years. Key activities during discovery include:

Interrogatories: Written questions that each side must answer under oath.
Requests for Production: Requests for documents, such as hospital policies, staffing records, and electronic communications.
Depositions: In-person or virtual interviews where attorneys question witnesses, including the parents, the defendant doctor, and medical experts, under oath. A court reporter transcribes the testimony.

Step 5: Settlement Negotiations or Trial The vast majority of medical malpractice cases are resolved through a wrongful death settlement before ever reaching a courtroom. As evidence is gathered during discovery, the strengths and weaknesses of each side’s case become clearer. Your attorney will engage in negotiations with the defendants’ insurance company and legal team to reach a fair settlement agreement.

If a fair settlement cannot be reached, the case will proceed to trial. At trial, both sides will present their evidence, call witnesses, and make arguments to a judge and jury. The jury will then decide whether the defendants were negligent and, if so, the amount of damages to award.

Calculating Damages: What Compensation Can Be Recovered?

In a wrongful death claim for stillbirth, the compensation, or “damages,” is intended to address the profound losses suffered by the parents. Unlike personal injury cases where damages might focus on lost wages or future medical care for the victim, here the focus is on the emotional and financial impact on the family. Arizona law allows for the recovery of several types of damages.

Non-Economic Damages

This is the largest and most significant component of a stillbirth wrongful death claim. Non-economic damages are meant to compensate for intangible losses that do not have a precise dollar value. They acknowledge the deep human suffering involved. In Arizona, these damages include:

Sorrow, Grief, and Mental Anguish: This compensates the parents for the immense emotional pain and psychological trauma of losing a child.
Loss of Love, Affection, and Companionship: This addresses the loss of the unique parent-child relationship that was taken away. It recognizes the loss of a lifetime of shared experiences, joy, and comfort.
Loss of Consortium: In some cases, the trauma of a stillbirth can deeply affect the relationship between the parents. Loss of consortium damages can compensate for the negative impact on their marital relationship.

A significant advantage for plaintiffs in Arizona is that the state constitution prohibits caps on damages in personal injury or wrongful death cases. This means there is no legal limit on the amount a jury can award for non-economic damages, allowing for compensation that truly reflects the magnitude of the loss.

Economic Damages

While secondary to the emotional losses, parents can also recover economic damages for the direct financial costs associated with the stillbirth. These are tangible, out-of-pocket expenses that can be calculated and proven with receipts and bills. They may include:

Medical Expenses: Costs for prenatal care, hospitalization, and any medical procedures related to the negligent treatment.
Funeral and Burial Expenses: The reasonable costs associated with a funeral, burial, or cremation for the child.
Psychological Counseling: The cost of therapy or counseling for the parents to help them cope with their grief and trauma.

An experienced attorney will work with you to document all these losses to ensure you seek the full compensation you are entitled to under the law.

The Statute of Limitations and Other Critical Deadlines in Arizona

In any legal matter, timing is critical. Arizona law sets a strict deadline for filing a wrongful death lawsuit, known as the statute of limitations. Failing to file your claim within this time frame will permanently bar you from seeking compensation, regardless of how strong your case is.

The Two-Year Filing Deadline

Under A.R.S. § 12-542, the statute of limitations for filing a wrongful death action in Arizona is two years. This two-year clock typically begins to run from the date of the injury, which in a stillbirth case is the date the stillbirth occurred. This may seem like a long time, but it can pass quickly, especially when families are consumed by grief.

It is crucial to contact an attorney as soon as you suspect that medical negligence may have played a role in your loss. A thorough investigation takes time. Medical records must be collected, experts must be retained to review them, and a legal strategy must be developed. Waiting until the deadline is near can jeopardize your ability to build a strong case.

The Discovery Rule

In some medical malpractice cases, an exception called the “discovery rule” can apply. This rule states that the statute of limitations clock does not start until the date the injured party discovered, or reasonably should have discovered, that their injury was caused by negligence. However, in a stillbirth case, the injury (the death of the child) is immediately apparent. The discovery rule is more likely to apply if the cause of the stillbirth was not immediately known and was only later revealed to be a result of a medical error. An arizona wrongful death attorney can evaluate whether this rule might apply to your specific circumstances.

Claims Against Government Entities

There is a critical exception to the two-year statute of limitations. If your claim is against a public entity, such as a county hospital or a state-run medical facility, you must follow different rules. Under Arizona law, you must file a formal “Notice of Claim” with the government entity within 180 days of the injury. If you fail to file this notice within the 180-day window, you lose your right to sue. This is a much shorter deadline and a procedural trap for those who are unaware of it.

Given these strict and complex deadlines, seeking legal advice promptly is the most important step you can take to protect your rights.

Conclusion

The loss of a child through stillbirth is a profound tragedy, and the discovery that it may have been preventable due to a medical professional’s error adds an unbearable layer of pain and injustice. Arizona law provides a legal avenue for parents to seek accountability and compensation for their devastating loss. By recognizing a viable fetus as a person, the state empowers families to demand answers and hold negligent parties responsible for the harm they have caused.

Successfully pursuing a wrongful death claim requires proving the four elements of negligence: duty, breach, causation, and damages. This complex process depends on a meticulous investigation, the support of credible medical experts, and a deep understanding of the state’s legal procedures. From identifying a breach in the standard of care—such as failing to respond to fetal distress or mismanaging a high-risk pregnancy—to navigating the strict two-year statute of limitations, every step is critical. The damages recovered can help cover financial burdens like medical and funeral costs, but more importantly, they acknowledge the immense emotional suffering and the loss of a lifetime of love and companionship.

If you are coping with the loss of a child from stillbirth and believe medical negligence was a factor, you do not have to bear this burden alone. Seeking guidance from a legal professional who is experienced in Arizona wrongful death and medical malpractice cases is a crucial step toward finding clarity and justice. An attorney can help you understand your rights, investigate the circumstances of your loss, and advocate on your behalf. Taking action is not just about financial recovery; it is about honoring the memory of your child and ensuring that preventable tragedies are not repeated. Contact us for free evaluation today.

Filing a Wrongful Death Lawsuit for Stillbirth in Arizona: A Legal Guide