A birth injury claim involves harm to a baby who survives, such as cerebral palsy or a brachial plexus injury, while a wrongful death claim addresses the loss of a baby’s life. Both types of claims can involve similar medical facts and standards of care, and in some cases a family may pursue a wrongful death claim after a baby who was initially injured does not survive.
Understanding Infant Wrongful Death
Losing a baby is one of the most painful experiences a family can face, and it can be even harder to bear when a preventable medical error may have played a role. This page is here to help you understand what an infant wrongful death claim involves and what options may be available to your family.
What is infant wrongful death?
An infant wrongful death claim is a legal action brought when a baby’s death is believed to have resulted from another party’s negligence, most often during pregnancy, labor, delivery, or newborn care. These claims allow parents to pursue accountability from the medical providers involved and to seek compensation for the losses their family has suffered. Like other medical malpractice cases, they typically require showing that a member of the care team failed to meet the accepted standard of care and that this failure caused the baby’s death.
Signs that medical negligence may have played a role
Many parents replay the events surrounding their infant’s death, wondering if something could have been done differently. Some details that may be worth discussing with an attorney include:
- A sudden change in the baby’s condition that staff did not address quickly
- A delayed response to an abnormal fetal heart monitor reading
- Vague, inconsistent, or shifting explanations from the care team about what happened
- A known complication, such as an infection or bleeding, that appears to have gone untreated
- A transfer to a NICU or specialist that seemed to happen later than it should have
- Medical records that seem incomplete or that conflict with what the family witnessed
What can cause a preventable infant death?
Infant deaths connected to medical malpractice can stem from a range of errors or omissions, including:
- Failing to recognize or respond to signs of fetal distress
- A delayed or missed diagnosis of a maternal or infant complication
- Errors during delivery, such as improper use of forceps or a vacuum extractor
- Medication errors during labor, delivery, or newborn care
- Failing to monitor a newborn closely enough for signs of distress after birth
- A hospital-acquired infection that went unrecognized or untreated
- Inadequate staffing or breakdowns in communication among the care team
When infant wrongful death involves medical malpractice
Not every wrongful infant death is the result of malpractice. Pregnancy, labor, and the newborn period all carry inherent risks, and some losses occur despite a care team’s best efforts. However, certain patterns of care may point to negligence, including:
- Warning signs on a fetal monitor that were ignored or misread
- A necessary C-section or other intervention that was delayed
- Medical staff failing to recognize a life-threatening complication
- Standard newborn protocols that were not followed
- A care team that did not escalate treatment as a baby’s condition worsened
Determining whether malpractice contributed to an infant’s wrongful death typically requires establishing the accepted standard of care and showing that a departure from it caused the loss. The attorneys at Wais, Vogelstein, Forman, Koch & Norman, LLC work closely with medical experts to investigate what happened during a pregnancy, delivery, or newborn’s care and to help determine whether negligence played a role.
Moving forward: support and legal next steps
There is no set timeline for grief, and every family processes a loss like this in their own way. Many parents find it helpful to lean on grief counselors, support groups, or loved ones as they navigate the weeks and months ahead. When and if you feel ready, an infant wrongful death claim cannot undo what happened, but it may help your family obtain answers about what took place, hold the responsible parties accountable, and access financial resources for expenses such as medical bills, funeral costs, and ongoing support. Because these claims are subject to strict filing deadlines, it can help to speak with an attorney early, even if you are not yet ready to move forward with a case.
Frequently Asked Questions
Common questions about infant wrongful death.
If your family has experienced the loss of a baby, it is natural to have questions.
What is the difference between an infant wrongful death claim and a birth injury claim?
Is every infant wrongful death caused by medical malpractice?
No. Many infant wrongful deaths result from causes that could not have been prevented, such as unforeseeable complications, genetic conditions, or congenital abnormalities. An infant’s wrongful death becomes a potential malpractice claim only when it results from a departure from the accepted standard of care.
What kind of compensation can an infant wrongful death claim provide?
Depending on the laws where you live, compensation may cover losses such as medical expenses incurred before death, funeral and burial costs, and non-economic losses like loss of companionship. Because these laws vary by state, an attorney can walk you through what may apply to your family’s specific situation.
How long do we have to file an infant wrongful death claim?
The deadline to file a wrongful death claim, known as the statute of limitations, varies by state and is often just a few years from the date of the child’s death. Because these deadlines are strict and vary widely, it’s a good idea to speak with an attorney as soon as you are able to, even if you are not yet ready to decide whether to move forward.
