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The Law & You

Our Baby Passed Away At 23 Weeks Old. Is it Medical Malpractice?

The Law & You
June 19, 2014

The Law and You

Our Baby Passed Away At 23 Weeks Old. Is it Medical Malpractice?

A viewer’s baby lost its life after 23 weeks. Is this case of medical malpractice? Personal injury lawyers Greg Fellerman and Ed Ciarimboli offer legal advice to the parents.

Dave Kuharchik: Back with us are attorneys Greg Fellerman and Ed Ciarimboli. Gentlemen, it’s nice to be here with you guys today. How are you?

Ed Ciarimboli: It’s always good here to be with you, Dave.

Dave: Greg is just nodding in excitement.

Greg Fellerman: I’m ready to go.

Dave: He’s ready to go! Fire it up! All right, we have an important question to get to. This one involves the unfortunate loss of a baby. “My wife and I recently lost a baby at 23 weeks. We think there may have been malpractice. Can we have a case since the baby was only 23 weeks?” This is from a viewer from Dunmore. What can happen here? Does this couple have any recourse?

Ed: You can. Let me just preface this by saying if there was medical negligence admitted, then the fact that the baby was only 23 weeks old at the time of its death, you can still have a cause of action. And the reason being is babies can live at 23 weeks. There are some really good NICUs around, and so the baby can live at that time. So, if there was medical negligence involved, then you potentially can have a case on behalf of the baby. And then also, you and your wife can have a case as well for the damages you have gone through in connection with the loss of your child.

Greg: And these are the types of cases where you immediately need to reach out, get a law firm involved. People specialize in this type of stuff and do this work all the time. We do this stuff and there are other guys out there that do it. But you need to reach out and do that because, again, we say this all the time, you have to gather the records, you have to go to the hospital and get the records, get them reviewed, get them reviewed by an expert. We have nurses on staff who can take a look at this stuff. This is important stuff. And again, it’s good to get a copy of your medical records as soon as you practically can. Get them reviewed because one, you’re going to want answers; two, there are time frames that need to be followed. So, we recommend that you reach out pretty quickly.

Dave: And for viewers who may be in this position, you guys do offer a free consultation?

Greg: Oh yeah. They can call us at 570-714-HURT, see us on the web at

Ed: Are you still giving out your cell phone number so they can just call you directly?

Greg: Bad idea.

Ed: Or go to our Facebook page. And if you have a question, put it on our page and, as Dave says, they’re free consultations and they’re also confidential. So, anytime you have a question like that. Very sorry for the loss of your baby. Get in touch with an attorney that can answer these questions for you and get the answers that you deserve.

Dave: All right, results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys, thanks.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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