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A death is legally wrongful when someone’s action or inaction played a role in the incident. In the case of infant medical malpractice, a wrongful death means that a healthcare provider made a mistake that led to a baby’s death. If you think your baby died due to medical negligence, an infant wrongful death lawyer can help.
When Is an Infant Death Wrongful?
In the first few days after the tragic loss of your child, it may be impossible to think about what happened, let alone figure out if the death was indeed a sad accident of birth or if it could have been prevented.
However, if you have any suspicion that your doctor or someone else in the hospital caused your child’s death, you may have a valid infant wrongful death case.
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Remember that a wrongful infant death could be caused by direct action, like making an error in dosing medicine or using too much force with forceps during delivery. It can also be caused by inaction, which is much more subtle.
Did your baby die due to a complication of childbirth, such as a breech birth position or asphyxiation by the umbilical cord? If so, there is a genuine possibility that your doctor failed to prevent your child’s death.
When Do You Need an Infant Wrongful Death Lawyer?
If your baby died from medical negligence, you and your family are victims. It can be tough to accept that, but it is the truth.
If some action or failure to act on the part of the medical team you trusted to care for you and your child caused the death, they are responsible and should be held accountable.
When you are ready to make a case against those that harmed your family, you need an infant wrongful death lawyer. However, you should never try to take on this kind of case alone.
Hospitals have influential lawyers behind them. Further, the insurance companies backing these medical teams will do whatever they can to avoid losing. It is their job to do so, and if you don’t have the right representation in a case like this, you could be victimized a second time.
When Should I Hire an Infant Wrongful Death Lawyer?
Contact a lawyer as soon as possible after your baby’s death. It may be the last thing you want to deal with at this critical and tragic time in your family’s life, but quick action is crucial.
If you wait too long, you and other people there to witness the birth or error may lose the details of what happened.
You want to be clear on what you remember, and you want the nurses, your partner, and anyone else involved to remember things clearly, too.
How to Work with an Infant Wrongful Death Lawyer
Start by selecting a lawyer with experience in medical malpractice and wrongful deaths. You need an expert in this field. You also need someone with a proven track record for winning cases.
By finding the right infant wrongful death lawyer, you have the best chance for success in getting justice for your baby.
Make sure you ask for testimony from previous clients. You want to know you will be working with someone kind and knowledgeable during this difficult time.
Once you have selected a lawyer, give them all the information you have on the incident. This includes official medical records, any medications prescribed or given, and any second medical opinions you sought later.
Your lawyer will review what you have and help you decide if you do have a case for wrongful infant death.
What a Lawyer Can Do for You
Your infant wrongful death lawyer will take care of all the details of your case so that you can take care of other important family matters.
Your lawyer will file the lawsuit, engage in the pre-litigation process, do research, gather witnesses, and take additional steps to investigate what happened to your baby and collect the necessary proof to make your case.
Your lawyer will take the following steps, either a negotiation for a settlement or litigation in court.
Many hospitals will try to settle first. It is quicker and less expensive, but if they think they can discredit you or your proof of medical malpractice, they will take it to court.
Your lawyer will be your representation in negotiations or a trial. They will make a case for the doctor or hospital causing your child’s death. Either a judge or a jury will then decide if you should be awarded a settlement.
Your infant wrongful death lawyer can help you gain two critical things: justice and compensation. Justice and getting to the truth of what happened gives you a sense of closure.
Compensation is important too. Money won’t bring your child back, but it punishes doctors and medical teams that commit medical malpractice and encourages hospitals to take safety more seriously.
Hiring a wrongful death lawyer for this is critical. They have the experience and expertise to give you the best possible outcome.
- Neonatal death. (n.d.). March of Dimes | Healthy Moms. Strong Babies.
Retrieved from: https://www.marchofdimes.org/complications/neonatal-death.aspx