When medical error is responsible for the death of an infant, a birth injury lawyer can file an infant wrongful death lawsuit. The birth injury lawyers at our firm realize the devastation caused by a stillbirth, or when an infant dies a short period after delivery. While many stillborn births are due not preventable, some are caused by medical error. Infant wrongful death lawsuits can be filed when a physician or medical staff perform an action, or neglect to do something, that leads to the death of a newborn or infant.
What is the Difference Between a Miscarriage and Stillbirth?
A miscarriage is when an infant dies prior to 24 weeks gestation. The death of a fetus prior to 24 weeks is not eligible for a wrongful death lawsuit. After 24 weeks gestation, an infant that dies at the time of birth is considered stillbirth. If medical malpractice contributed to the stillbirth, the parents may be able to file an infant wrongful death lawsuit.
Can a Lawsuit be Filed for a Stillborn Baby?
States can vary on whether an infant wrongful death lawsuit can be filed regarding the death of a stillborn baby. In Pennsylvania and New Jersey, you may file an infant wrongful death lawsuit to seek monetary compensation to recoup some of your losses caused by the death.
How Can Stillbirth or Infant Death be the Result of Malpractice?
Medical malpractice occurs when hospital staff make a mistake that similarly trained peers would not make. Some common birth injuries that may be caused by medical errors are:
Hypoxia – When an infant an infant is deprived of oxygen, the result can be a brain injury or even death. Doctors and nurses must monitor the infant before and during labor and delivery to check for signs that the infant may be under stress and not receiving enough oxygen. A hypoxia death can be caused the infant’s umbilical cord being wrapped around the infant’s neck in utero or problems with the placenta. Proper monitoring during pregnancy and labor can sometimes prevent these issues from resulting harm to the infant.
Traumatic injuries during delivery – unexpected problems during labor and delivery can result in emergency situations. Sometimes, doctors in these types of emergencies are caught off guard and make mistakes that harm the infant.
Medication errors – Medication errors are a leading cause of medical errors in the United States, according to the National Patient Safety Foundation. Medication errors to the mother or baby can result in serious harm.
Contact the Infant Wrongful Death Lawyers at the Wieand Law Firm, LLC
If you believe that your baby died due to a medical error, contact the infant wrongful death lawyers at the Wieand Law Firm, LLC. Our team of birth injury lawyers are experienced attorneys who will aggressively represent your interests against the hospital and their insurance carriers. Contact us today for a free consultation. We can review your case and determine if a infant wrongful death lawsuit can be filed. Call 215-666-7777 or send us a message via the online form and speak directly with an attorney.