What is infant wrongful death?
Infant wrongful death can happen when a medical mistake causes a baby to pass away during pregnancy, birth, or shortly after being born.
Families may be left with painful questions about the care that was provided and whether something should have been done differently. In some cases, a missed warning sign or delayed treatment may mean medical negligence played a role.
If a doctor, nurse, or hospital failed to provide appropriate care and that mistake contributed to the loss, families may have a wrongful death claim.
No amount of money can make up for losing a child, but compensation may help cover unpaid medical bills, get justice for pain and suffering, and give families a sense of closure.
Our trusted legal partners have helped families across the country secure over $1.1 billion in birth injury compensation, including for infant wrongful death.
If you have unanswered questions about what caused your baby’s death, our experienced nurses can listen and help you understand what may have happened.
Connect with one of our caring nurses right now — it’s always free to talk with our team.
What causes infant wrongful death?
Infant wrongful death can happen when medical providers miss a serious complication, delay needed treatment, or make another mistake that leads to a baby’s death.
Learn about common ways that medical negligence may cause or contribute to an infant’s death below.
Failure to recognize fetal distress
During labor, health care providers monitor a baby’s heart rate for changes that may signal a problem. Some abnormal patterns can be a sign that the baby is not getting enough oxygen.
If providers fail to recognize fetal distress or do not act quickly enough, the baby can suffer serious harm. In some cases, an emergency C-section may be needed.
Problems involving the placenta, umbilical cord, or labor can also interfere with a baby’s oxygen supply and require urgent medical attention.
Asphyxia and oxygen deprivation
Birth asphyxia occurs when a baby does not get enough oxygen before, during, or shortly after birth.
Severe oxygen deprivation can lead to hypoxic-ischemic encephalopathy (HIE), a serious brain injury caused by reduced oxygen and blood flow to the brain. In severe cases, HIE can cause permanent brain damage or death.
“The timing is important. I want to know when the distress started, when the care team recognized it, what they did, and how long it took to get the baby delivered.”
— Andi Lowe, DNP, RNC-OB, Cerebral Palsy Guide on-staff registered nurse
Birth trauma
Birth trauma can occur during a difficult delivery, especially if excessive force is applied or forceps or vacuum extractors are used improperly.
- Bleeding in or around the brain
- Damage to the spinal cord
- Skull fractures
- Other life-threatening injuries
In severe cases, these injuries can be fatal. If your child passed away after a complicated birth, we may be able to get your family the answers you deserve. Our nurses are here to listen to your story — connect with us now. It’s always free to talk with our team.
Kristin Proctor, RN
Registered Nurse for 20+ Years
Untreated medical conditions
Some newborn conditions require fast treatment to prevent serious complications. For example, untreated severe jaundice can lead to kernicterus, a preventable form of brain damage caused by very high bilirubin levels.
Delayed treatment of serious infections, missed diagnoses, and medication errors can also put a newborn’s life at risk.
Placental and umbilical cord problems
The placenta and umbilical cord carry oxygen and nutrients to a developing baby. Problems with either can reduce the baby’s oxygen supply and quickly become an emergency.
Placental abruption happens when the placenta separates from the uterus before birth. A severe abruption may require immediate delivery, often by C-section.
Umbilical cord problems, such as cord prolapse or compression, can also reduce blood flow and oxygen to the baby. Delays in recognizing and treating these emergencies can lead to serious injury or death.
Can medical negligence cause an infant’s death?
Yes. Medical negligence can cause or contribute to an infant’s death if health care providers fail to recognize a serious problem, respond to warning signs, or provide appropriate treatment.
Some pregnancies and deliveries involve complications that put a baby at greater risk and may require closer monitoring.
Having one of these risk factors does not mean medical negligence occurred. The question is how the medical team recognized and managed the risk and responded if the mother’s or baby’s condition changed. “The standard of care gives us a benchmark for deciding whether the medical team did what they were supposed to do when it mattered most.” You may be able to file an infant wrongful death lawsuit if a medical mistake caused or contributed to your baby’s death. These birth injury lawsuits may involve mistakes during pregnancy, labor, delivery, or newborn care. A lawyer can review the medical records and work with medical experts to determine what should have happened and if negligence played a role. Who can file a wrongful death claim varies by state. In some states, a parent can bring the claim, while others require the baby’s estate or personal representative to file. There are also strict deadlines for taking legal action. Talking with a birth injury lawyer can help you understand your rights and the deadline that applies to your case. Infant wrongful death settlements may provide compensation when medical negligence caused or contributed to a baby’s death. Compensation may help cover costs and losses such as: There’s no standard payout for an infant wrongful death lawsuit, and compensation depends on the facts of the case. Some cases resolve through a birth injury settlement, while others may go to trial.
In one case, our legal partners secured $1 million for a family whose child passed away from fetal distress and delayed medical care within minutes after being born. A birth injury lawyer can review the circumstances of the case, explain the types of compensation that may be available, and help families understand what their claim could involve. Losing a baby is an unimaginable tragedy, and many families are left searching for answers about what happened and whether the loss could have been prevented. While no legal action can ever replace your child, understanding your options may provide financial security and a sense of accountability if medical negligence played a role. If you believe your baby’s death may have resulted from a preventable medical mistake, Cerebral Palsy Guide can help connect you with experienced birth injury lawyers who understand these complex cases. Cerebral Palsy Guide works with a network of lawyers that has recovered over $1.1 billion in birth injury compensation, including for infant wrongful death claims. Call us right now at (855) 220-1101 or get a free case review now to find out how we may be able to help your family. [faqs]Complications that can increase the risk of harm to babies include:
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