Determining Fault in Infant Wrongful Death

Parents are often ecstatic during the births of their babies. However, not every birth is a joyous event. While infant deaths are rare, they do happen from time to time. They are primarily caused by a birth injury or medical mistake.

Wrongful death cases involving infants are usually preventable, which is what makes them so heartbreaking. Parents expect to bring home a healthy baby and leave the hospital in tears.

Florida law typically does not allow compensation for wrongful death cases involving stillborn babies. However, if your baby died after delivery, you may be able to file a wrongful death claim against the negligent party. A successful claim allows you to recover compensation for burial expenses, medical bills and mental anguish caused by the baby’s unexpected death.

Common Birth Injuries Leading to Death

Injuries tend to occur during labor and delivery when doctors improperly use delivery tools or fail to monitor the baby properly.

Bleeding in the brain occurs when blood vessels rupture. This often occurs in premature infants, but may suddenly happen after delivery as well. Babies with hemorrhaging tend to develop seizures, and while many go on to fully recover, some die.

Asphyxia is a common cause of infant death. It occurs when the baby lacks oxygen or is experiencing decreased blood flow in certain parts of the body. Asphyxia can be caused by the umbilical cord cutting off blood flow. Doctors and nurses can monitor the baby’s oxygen levels and step in before the situation gets dire.

Issues with the uterus or placenta can also lead to infant death. Placenta previa, placental abruption and uterine rupture can all cause infant distress, which can cause the infant to suffer serious conditions or even die.

Who is at Fault?

Not all infant death cases are caused by doctors or other medical staff. If the mother suffered trauma before going into labor, or did not properly care for the child while she was pregnant, medical staff cannot be held liable.

However, if the doctor caused an injury that led to the baby’s death or failed to monitor the baby’s oxygen levels, he or she could be held liable. If your baby required medication after birth and the pharmacist prescribed an incorrect drug or lethal dosage, you could also file a lawsuit.

To determine fault, the court will look at the facts in the case and determine whether or not the medical staff did everything they were supposed to do to prevent the baby’s death. Expert witnesses are often needed to determine if the standard of care was met.

Let a Miami Wrongful Death Lawyer Help You Today

A person of any age can suffer a wrongful death—even a newborn baby. This is a devastating experience for parents.

If your otherwise healthy baby died shortly after delivery, it’s important to hold the liable parties responsible. The Miami, Florida wrongful death lawyers at Dolan Dobrinsky Rosenblum, LLP can help you during this difficult time and assist you with the process of filing a claim. Call (305) 371-2692 or visit us online to schedule a consultation.