There could be a claim. It will depend on whether the doctor's actions fell below the standard of care. More information will be needed to determine if the doctor's failure to attend to the leaking fluid led to the end of the pregnancy.
Your best next step is to find and meet with a law firm that has experience making claims against obstetricians. Search on AVVO and find one or two to contact and review your circumstances. Most will do so at no cost, and the feedback you get will be worth the effort.
All the best with a very tough thing.
This response does not constitute representation or the formation of the attorney/client relationship.
I am very sorry for your loss.
First medical malpractice and medical negligence are the same thing--the concept is interchangeable. Medical malpractice or medical negligence basically means the care and treatment your wife received fell below the applicable standard of care and cause a harm. The "standard of care is defined as “the caution that a reasonable doctor in similar circumstances would exercise in providing care to a patient.” . In wider terms, a physician has a duty to exercise the degree of care expected of a minimally competent physician in the same specialty and under the same circumstances.
You cannot find the answer on this site: no lawyer on this site can tell you, no lawyer who may also be a doctor on this site can tell you, if you meet with a lawyer they will not be able to tell you. In order to make this determination you will need to meet with a lawyer who handles medical negligence cases regularly. This lawyer will gather your wife's medical records and have them reviewed by a board certified OB/GYN doctor who will be asked to offer an opinion as to whether the standard of care was breached and was the cause of the death of your baby. Unless and until such an opinion is secured there is no case.
Again, I am so sorry for your terrible loss. I certainly do not practice in your state. There are many excellent lawyers who handle medical negligence cases in your state and you can find some here on this site. I would be happy to recommend some to you.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
I am very sorry that you have suffered this loss.You have not indicated how far along your wife was in the pregnancy. You may have a claim but will need expert testimony to establish that the standard of care required the doctor to hospitalize your wife or order bed rest AND that had this or other intervention occurred the baby more likely than not would have survived.
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