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By Mircea Moira | Royalty-free stock photo ID: 757545859

Birth Injuries Leading to Wrongful Death Lawsuits

The death of a newborn baby is tragic and stunning. When that death appears to have been preventable, it is possible that medical negligence was involved. That is when we start looking at the acts or failure to act of doctors, nurses, and hospital staff.

When a newborn baby dies as a result of the negligence of a health care provider, the law of wrongful death is triggered. Parents then have the right to bring a wrongful death lawsuit and seek compensation from those who caused their child’s death. Medical bills and funeral and burial bills are going to add up quickly, and like most families, you will be both emotionally and financially overwhelmed.

Negligent Doctors, Nurses, and Hospital

None of this should have ever happened, but you will be required to prove your case. You must show that a duty of care existed along with a breach of the duty. That duty of care is shown by a physician and patient relationship and the medical standard of care involved in the delivery and care of the newborn. If there was a deviation in that medical standard of care that caused the baby’s death, a doctor, nurse or hospital can be held liable for damages. Here are a few examples of deviations from the appropriate standard of care:

  • Failure to detect fetal distress
  • Failure to perform a caesarian section when needed.
  • Not providing proper resuscitation after a traumatic birth.
  • Oxygen deprivation during birth.
  • Failure to obtain the assistance of a pediatrician or neonatologist during a traumatic birth.
  • Fetal stroke or hemorrhaging.
  • Medication errors.

Compensation and a Message

Compensation from a successful wrongful death settlement or verdict can be used to pay outstanding medical bills and help heal emotional grief. You will also be holding the people who made the errors or omissions accountable. This operates to send a message to others not to make the same mistakes.

Contact An Experienced Wrongful Death Lawyer

KBA Attorneys provides free professional consultation and case review on the loss of your child. You can tell us about your experience, and we will carefully listen to you and look at all of the evidence to determine whether the doctor, nurses and hospital staff did everything that they were supposed to do. After that, you will be advised of how your case might be handled in the legal system. Don’t hesitate to contact us today. We are experienced, effective and compassionate.