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Infant Wrongful Death

There is nothing in this world more devastating than losing a child.  When this tragedy occurs and it is the result of malpractice, it is considered a wrongful death. Typically the surviving family members retain the legal rights to pursue a case against the professionals responsible. Generally, claims are brought under survival statutes. The personal representative authorized to bring a wrongful death lawsuit on behalf of the estate of the deceased child is entitled to monetary damages that result from the child’s death. These damages include, but are not limited to, funeral costs, lost income, medical costs associated with trying to save the child’s life, and pain and suffering.

Each state has its own laws that govern the time frame in which wrongful death lawsuits may be filed. Unfortunately, these time limits are typically very short. Therefore, it is important to pursue these cases as soon as possible.

What causes an infant’s wrongful death?

Infant wrongful death can result from a number of negligent actions by health care professionals including the failure to properly monitor and interpret fetal heart monitor strips; the failure to diagnose and respond to fetal distress; and the failure to evaluate third trimester bleeding, to name just a few.

A major cause of infant wrongful death results from the failure to perform a caesarian section when necessary, such as when maternal or fetal complications occur. Placental abruption; prolonged second-stage labor; maternal or fetal stroke; maternal or fetal hemorrhaging; direct trauma to the infant; or improper use of vacuum-assisted vaginal delivery or forceps are some but not all the circumstances that can lead to the tragic death of an infant and to a cause of action for wrongful death.

Not only can negligence during the delivery process lead to the death of a child, but medical negligence can also occur during the neonatal period.  Neonatal failures such as failure to provide proper resuscitation after a traumatic birth, head or body cooling, necessary medications, or proper neonatal personnel such as a pediatrician or neonatologist to examine an infant during a difficult delivery are common causes of infant wrongful death. Additionally, improper monitoring of neonate temperature, blood sugar, blood pressure, or jaundice can also result in infant wrongful death.

How can I bring a claim for infant wrongful death?

Contacting an experienced attorney who can assist during this difficult time is an important first step. Although you and your family are understandably mourning after such a tragic event, moving quickly to learn about your legal options is critical due to the short time period you may have to legally bring a wrongful death action against those responsible. Our attorneys will first investigate your case and examine medical records before determining whether medical negligence was the cause of infant wrongful death in your case. Please contact us at 877-262-9767 if you believe you may have an infant wrongful death claim. 

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