Spontaneous miscarriages are unpremeditated pregnancy loss, usually from conception to 20 weeks of gestation. Miscarriages are typically used synonymously as spontaneous abortions because whether or not it was planned, the medical term for miscarriage is abortion.
Losing an unborn child can leave a mother with a traumatic experience such as pain and emotional distress. Spontaneous miscarriages can be even more devastating when the mothers are aware that the pregnancy would not have been lost but for the action or negligence of another person.
The aggrieved mother, in this circumstance, can sue the wrongful party for the miscarriage while using medical animation as a prime exhibit to illustrate the painful event that set the miscarriage in motion.
What Are The Causes of Spontaneous Miscarriages You Can Sue For?
Not all miscarriages are caused by others. Sometimes it is due to some biological defects that cannot be helped.
However, when the miscarriage is due to a person’s action or neglect to act, it is possible to sue the wrongful party.
Medical animation can also be used as a prime exhibit in accurately illustrating the cause of the miscarriage.
Here are the causes of miscarriage that can be sued for:
When a miscarriage occurs in the hospital or under a doctor’s care, it is possible to pinpoint who is responsible, especially with the help of another medical expert who can stand as an unbiased investigator.
A hospital could be responsible for a miscarriage if the mother got an infection that could have been avoided with adequate care during her time at the hospital.
Compensation in a case like this depends on injuries suffered and losses acquired after the loss of the baby. It is also possible to recover damages for pain and suffering, loss of wages, medical bills, and wrongful death.
- Electric Shock
A miscarriage can occur due to an electric shock if the electrical current passes through the mother’s body to the fetus or embryo, causing death.
Suing for a miscarriage by electric shock usually depends on the laws of the specific state wherein it happened. The different laws allow for a lawsuit to be filed against the person whose wrongful or negligent act caused the electrocution and, by extension, the miscarriage or stillbirth of the individual or physical injury to or death of the fetus or embryo.
Suppose a miscarriage happens at a workplace due to electrocution. In that case, it is possible to sue or claim a worker’s compensation against the employer, depending on the laws of the state wherein the injury occurred.
- Listeriosis food poisoning
Listeriosis is food poisoning gotten from eating foods contaminated by listeria monocyctogenes bacteria.
Pregnant women are especially susceptible to listeriosis because it leads to severe illness, which usually results in the death of the fetus or embryo, miscarriage, or stillbirth.
It is possible to institute an action against a national retailer, grocery store, food company, restaurant, supplier, importer, or others if they caused the infection.
Being in any accident, such as a car, construction, or workplace, can lead to miscarriage in a pregnant woman.
When a car accident occurs causing miscarriage, it is possible to sue the driver or his insurance company for the miscarriage and other injuries sustained during the accident.
This is seen in the case of Mckillip v. Zimmerman, where the plaintiff was severely injured during a car accident and lost her one-month-old pregnancy.
All that needs to be proven is that the accident is the cause of the miscarriage. The assistance of an expert testifier is required to this effect.
Applying blunt force to certain parts of a pregnant woman’s body can result in miscarriage. It can be a direct blow to the woman or a continuous assault directed at her.
For instance, in the case of State v. Gyles, the defendant hit a pregnant woman with a stick and his fist, causing her to hemorrhage and deliver a baby in stillbirth.
In situations like this, an assaulter can be sued and held responsible for miscarriage and other injuries from the assault.
Medical Animation as a Prime Exhibit in a Spontaneous Miscarriage Case
Medical animation can be used in various cases involving injury to the human body and can prove very useful in a case involving spontaneous miscarriage.
Proving spontaneous miscarriages in court may be difficult even though the facts are accurate. This is because sometimes, medical testimonies are too difficult to understand by the laymen, usually members of the jury.
Medical animation makes it possible not only to depict the facts clearly but also convincingly buy the jury’s hearts to the truth of the case.
The assistance of an expert witness cannot be excluded in this case because the animation must be presented only by an expert in the field of medicine who is also intimated with the issues about the victim.
It is always essential to get the assistance of a medical animation company before deciding to use medical animation as the major exhibit in a spontaneous miscarriage case.