{"id":368876,"date":"2021-10-27T10:35:27","date_gmt":"2021-10-27T15:35:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-a-hospital-for-a-miscarriage.html"},"modified":"2026-06-01T15:17:04","modified_gmt":"2026-06-01T20:17:04","slug":"can-i-sue-a-hospital-for-a-miscarriage","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-a-hospital-for-a-miscarriage.html","title":{"rendered":"Can I Sue a Hospital for Causing a Miscarriage?"},"content":{"rendered":"\n
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Can I Sue a Hospital for Causing a Miscarriage?<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

A miscarriage is a traumatic experience, leaving pain and emotional distress after the loss of an unborn child. A miscarriage is equally as devastating but even more unjust when a hospital or careless doctor causes it.<\/p>\n

What options do you have after a miscarriage to\u00a0file a lawsuit against the hospital<\/a> or doctors? This article will address these options. It also describes a few other legal rights related to miscarriages.<\/p>\n

Talk to a\u00a0medical malpractice attorney<\/a>\u00a0about whether your state allows you to file a personal injury claim on behalf of an unborn child.<\/p>\n

Is a Miscarriage Considered Wrongful Death?<\/h2>\n

It depends on your state’s laws. Parents can file a wrongful death claim after the death of an infant<\/a>. But states differ on when an unborn child is eligible for a wrongful fetal death claim. Many states require the fetus to be viable or be able to survive outside the womb to be able to file a wrongful infant death claim.<\/p>\n

A wrongful death lawsuit<\/a>\u00a0allows the family of a victim to recover compensation for the loss of a loved one. A family member or\u00a0representative of the deceased’s estate<\/a>\u00a0may file the suit.<\/p>\n

Can I Sue a Hospital After a Miscarriage?<\/h2>\n

Yes. If the hospital or doctor was negligently responsible<\/a> for causing the miscarriage, you may be able to file a malpractice claim against the hospital for damages. But miscarriages can happen for many reasons, so there must be a causal relationship between your loss and the actions of the health care provider or facility.<\/p>\n

Damages depend on the types of injuries and losses suffered after the loss of a baby. You may recover compensation for\u00a0pain and suffering<\/a>, medical bills, loss of wages, and wrongful death.<\/p>\n

What Causes a Miscarriage?<\/h2>\n

During a healthy pregnancy, the mother supplies the fetus with blood, oxygen, hormones, and nutrients to help the baby grow. When something goes wrong, the pregnancy can unexpectedly terminate.<\/p>\n

There are many possible\u00a0causes of miscarriage<\/a>, including:<\/p>\n