The wrongful death of an infant is a terrible tragedy that no parent should have to experience, but it happens. A death is termed wrongful when someone’s actions or inaction played a role in the death. In the case of medical malpractice, this means that a medical practitioner was expected to provide care and either made a mistake or failed to do something and that action or inaction resulted in the death of a patient.
When the patient is an infant, a wrongful death is that much more tragic. There are many things that can go wrong during childbirth and the first weeks of a baby’s life, but many of these can be prevented or treated to prevent death. If your child died this young and you believe that someone is to blame in the hospital or medical center that treated you and managed your pregnancy and delivery, you need an infant wrongful death lawyer to guide your next steps and help you make your case to a judge or jury.
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 to figure out if the death was truly a tragic accident of birth or if it could have been prevented. If you have any suspicion that your doctor or someone else in the hospital caused your child’s death, then it is very possible that the death was wrongful.
Keep in mind that an infant wrongful death could be caused by a direct action, like making an error in dosing medicine or using too much force with forceps during delivery. It also can be caused by inaction, something that 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 very real possibility that your doctor failed to prevent your child’s death by not recognizing the complications and taking steps to work around it, with a Cesarean section, for instance.
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.
You should never try to take on this kind of case alone because hospitals have powerful lawyers behind them, as well as a lot of money. The insurance companies backing these medical teams will do whatever they can to limit what they pay out in a settlement or to avoid paying it at all. 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?
It is important that you 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 important and tragic time in your family’s life, but quick action is crucial. If you wait too long, you and other people who were 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 your lawyer selected, give him or her 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 really do have a case for infant wrongful 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 other steps to investigate what happened to your baby and to collect the necessary proof to make your case.
Once this is done your lawyer will take the next steps, which may either be 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 there and will make the 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 very important things: justice and compensation. You most likely are interested in justice. You want the person or people responsible for the loss of your child to admit to wrongdoing.
Compensation is important too. Money won’t bring your child back, but it acts as punishment for doctors and medical teams that commit medical malpractice and encourages hospitals to take safety more seriously. Hiring a lawyer for this important, but tragic event in your life is an important step, and one that can get you both justice and compensation in memory of your lost child.