The CDC defines "stillbirth" as the loss of a pregnancy at 20 weeks or later. It is often classified into three categories: early (20–27 weeks), late (28–36 weeks), and term (37 weeks or more). Experiencing a stillbirth is one of the most painful tragedies a family can endure, yet it is one of the least discussed topics, especially regarding the available legal options following such a traumatic event.
McMath Woods has spent decades representing Arkansans in complex, high-stakes cases where truth and accountability are paramount. Since 1953, our trial lawyers have established a reputation for providing personal attention, conducting thorough investigations, and demonstrating the willingness to take challenging cases to trial when justice demands it.
This experience is particularly relevant in matters related to stillbirth, as families often seek answers, and it is essential to examine medical records carefully. Timelines and decision-making during prenatal care or labor and delivery can play a crucial role in determining whether a tragedy was truly unavoidable or if it could have been prevented.
Stillbirth Awareness
Stillbirth is often misunderstood because it does not always present with clear or immediate warning signs. In many cases, families are left without definitive answers, even after a thorough medical evaluation.
The National Institutes of Health has acknowledged that a majority of stillbirths remain unexplained, which is why continued research, data collection, and prevention initiatives are critical to improving outcomes.
At the same time, leading public health authorities agree on an important point: stillbirth risk can often be reduced when pregnancies receive appropriate, attentive care.
Research and clinical guidance consistently show that risk reduction is most effective when:
- Prenatal and obstetric care is timely and consistent
- Maternal and fetal risk factors are identified early
- Known conditions are carefully monitored and managed
- Concerns raised by patients are evaluated promptly and seriously
Global and U.S. health organizations, including the World Health Organization, emphasize that quality prenatal care plays a meaningful role in preventing avoidable stillbirths—particularly when systems respond quickly and appropriately to emerging risks.
Common Stillbirth Risk Factors
Stillbirth often results from multiple contributing factors rather than a single cause. But several risks show up repeatedly in high-quality research and clinical guidance, including:
- Maternal conditions such as hypertension and diabetes, which are associated with higher stillbirth risk and typically require closer monitoring and management (ACOG: Management of Stillbirth)
- Maternal infection and pregnancy complications, which may be preventable or treatable when detected and addressed promptly
- Advanced maternal age (35+), which is associated with several pregnancy complications, including stillbirth risk (AAFP: Prenatal care evidence-based review)
However, it is absolutely essential that you understand that risk factors are not “fault.” They’re information signals that a pregnancy may need additional support, screening, or surveillance.
What Families Can Do to Reduce Risk: Practical, Evidence-Informed Steps
1) Keep consistent prenatal care—and ask direct questions
Routine prenatal care is where conditions may be identified early and managed appropriately.
Helpful questions to bring to appointments include:
- “Do I have any risk factors that call for extra monitoring?”
- “Should we discuss fetal growth, placenta health, or blood pressure trends?”
- “When should I call you urgently versus waiting?”
2) Treat changes in fetal movement as time-sensitive
Decreased fetal movement can be associated with increased risk and should be evaluated. For example:
- Clinical organizations emphasize prompt assessment when concerns arise
- A nursing practice brief also recommends evaluation of fetal well-being within a short window after decreased movement is reported
If something feels different, it’s reasonable to call, even if you’re worried about “overreacting.” In pregnancy care, timely evaluation is often the safest choice.
3) Manage chronic conditions aggressively and document care plans
If you have hypertension, diabetes, autoimmune disease, or a prior complicated pregnancy, your care plan may need more frequent monitoring. As was mentioned earlier, the ACOG notes that conditions like diabetes and hypertension are among the common comorbidities associated with increased stillbirth risk.
Ask for clarity:
- “What is our monitoring plan?”
- “What symptoms should trigger an immediate visit?”
- “If my readings change, what’s the escalation pathway?”
4) Know that many stillbirths are not preventable, and you still deserve answers
NICHD emphasizes that while some stillbirths may be preventable, many are not, and causes are sometimes unknown even after evaluation. That reality makes careful review essential; “unknown” should not automatically mean “unreviewable.”
What Healthcare Systems Can Do
Stillbirth prevention isn’t only about what patients do. It’s also about systems: staffing, communication, escalation pathways, and consistent standards.
Public health agencies—including the CDC—continue to focus on tracking and research to better understand causes and prevention opportunities (CDC stillbirth activities).
In the real world, risk reduction often comes down to:
- Listening carefully to patient-reported symptoms (especially decreased fetal movement)
- Following evidence-based protocols for high-risk pregnancies
- Coordinating care effectively across providers
- Acting promptly when test results or clinical signs warrant escalation
Stillbirth Legal Accountability
Many stillbirths occur despite appropriate care. But some tragedies raise hard questions, such as:
- Were warning signs documented—and addressed?
- Were appropriate tests ordered in a timely way?
- Were fetal monitoring results interpreted correctly?
- Was escalation delayed when minutes mattered?
- Was a necessary C-section delayed or not performed?
These questions bring up whether care met the accepted standard of care and whether preventable harm occurred.
Keep in Mind
If your family is considering whether medical negligence played a role, timing matters. Arkansas has specific deadlines for medical injury claims. For example, the Arkansas medical injury statute of limitations is generally two years from accrual, subject to limited exceptions (Arkansas General Assembly bill text amending Ark. Code § 16-114-203).
Compassionate Stillbirth Legal Representation Starts With Awareness
Stillbirth awareness acknowledges what research makes clear: some cases remain unexplained even with modern medicine, which is why continued study and prevention efforts remain so important.
At McMath Woods, we approach stillbirth-related concerns the same way we approach every serious malpractice case: with personal attention, careful investigation, and a trial-ready commitment to accountability. We are not a high-volume firm. We take on fewer cases so we can review records closely, consult the right experts, and pursue the truth with discipline and integrity.
If you’ve suffered a stillbirth and you’re left with unanswered questions—or you believe warning signs were missed—we invite you to speak with us. Contact McMath Woods today to request a consultation.
