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Infant Wrongful Death


Death and Medical Negligence During Childbirth

There is nothing in this world more devastating than losing a child. When this tragedy occurs as the result of malpractice, it is considered an infant wrongful death. Typically the surviving family members retain the legal rights to pursue a case against the professionals responsible. If you have questions about a potential case, you can find more information on this page, on our frequently asked questions page, or speak to one of our infant wrongful death lawyers during a free consultation.

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What Causes an Infant’s Wrongful Death?

Infant wrongful death can result from many negligent actions by health care professionals. These actions may include failure to:
  • Properly monitor and interpret fetal heart monitor strips
  • Diagnose and respond to fetal distress
  • Evaluate third trimester bleeding
A major cause of infant wrongful death results from the failure to perform a cesarean section when necessary, such as when maternal or fetal complications occur. These complications may include:
  • Placental abruption
  • Prolonged second-stage labor
  • Maternal or fetal stroke
  • Maternal or fetal hemorrhaging
  • Direct trauma to the infant
  • Improper use of vacuum-assisted vaginal delivery or forceps
Medical negligence can also occur during the neonatal period. Neonatal failures that may lead to infant wrongful death include failure to provide:
  • Proper resuscitation after a traumatic birth
  • Head or body cooling
  • Necessary medications
  • Proper neonatal personnel such as a pediatrician or neonatologist to examine an infant during a difficult delivery
Additionally, improper monitoring of the following vitals can result in infant wrongful death:
  • Neonate temperature
  • Blood sugar
  • Blood pressure
  • Jaundice

How Can I Bring a Claim for Infant Wrongful Death?

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
  • 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.
Contacting an experienced attorney who can assist during this difficult time is an important first step. We understand that your family is mourning after such a tragic event. However, it is important to learn about your legal options quickly. This is critical due to the short time period you may have to legally bring a wrongful death action against those responsible.

Contact Our Infant Wrongful Death Lawyers

Please contact us if you believe you may have an infant wrongful death claim. Our attorneys will first investigate your claim and examine your medical records before determining whether medical negligence may have been the cause of infant wrongful death.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.