Losing a child is an unimaginably painful experience. It can be even more tragic knowing it could have been prevented by the medical professionals responsible for keeping you and your child safe.
While infant death is not uncommon during or immediately after birth, determining whether medical malpractice plays a role is crucial. If such is the case, your family deserves justice for the health care provider’s negligence.
Here are some answers that might provide some clarity about your situation.
What can cause the wrongful death of an infant?
Many things can go wrong during labor and delivery. Thus, it is the responsibility of doctors, nurses and other health care providers to recognize potential problems and prepare for them.
It is not always possible to foresee all possible complications. Furthermore, injuries and death can occur despite the best efforts of your health care team. However, infant death can be wrongful if a professional fails to address a complication that another reasonable professional in the same situation would have been able to.
For example, suppose a doctor fails to recognize signs of fetal distress, causing oxygen deprivation and fatal brain damage in the child. In that case, they could be liable for medical malpractice. Another doctor in the same situation would have likely recognized the issue and responded quickly according to the standard of care.
Common causes of wrongful death during or after birth include:
- Oxygen deprivation
- Brain damage
- Traumatic brain injury
- Failure to order a Caesarean section
- Medication errors
- Misdiagnosis of conditions that develop shortly after birth
If you are unsure if your situation counts as wrongful death caused by medical negligence, legal guidance may be necessary. A medical malpractice attorney can investigate what happened and determine the next best step for your family.
What about deaths that are very difficult to prevent?
As mentioned, infant death can occur even with the best medical care and interventions. These are common in severe cases, such as:
- Severe congenital abnormalities
- Extreme prematurity
- Severe placental abruption
- Umbilical cord accidents
Nevertheless, medical professionals must follow all appropriate medical protocols and standards of care. If the infant still passes due to factors beyond their control, it may not be considered malpractice.
One health care provider’s mistake can cause lifelong pain for a family. In an extremely difficult situation like this, taking proper steps can help you seek justice and hold negligent individuals accountable.