Infant Wrongful Death Lawyers

Holding Doctors’ Accountable Nationwide for Fatal Mistakes

While the total number of yearly deliveries that result in stillborn children is at a universally low rate, there are still many cases. In fact, 1% of all births in the U.S. will result in a stillbirth. This means 24,000 babies are born stillborn every year.

Causes of a Stillborn Child

There are numerous reasons as to why a child is delivered stillborn. While many of these stillbirth causes are unavoidable, medical malpractice is one of the sources that is entirely preventable.

Some of the most common causes of a stillborn include the following:

• Medical malpractice
• Congenital disabilities
• Genetic complications
• Issues with the placenta
• Issues with the umbilical cord
• Unexplained stillbirth
• Preexisting maternal health conditions

Determining Wrongful Infant Death Cases

While infant death can be the result of unexplained phenomenon, extensive research and investigation go into the determination of a medical team’s responsibility. While a doctor may have committed the actual cause of death, state laws require that wrongful death cases prove an infant who died from malpractice was considered “viable.” 

Viability requires that an infant would have been reasonably capable of surviving outside the womb before the negligence. This means a situation involving an infant who is guaranteed to die without medical help will unlikely be considered “viable” and that the viability clause will protect a doctor whose actions directly resulted in the death of a terminally-ill child.

Some of the most common wrongful death scenarios include the following:

• Hypoxia (Oxygen Deprivation)

Hypoxia is the principal cause of infants who have cerebral palsy, but hypoxia is also one of the leading causes of infant death during delivery. Hypoxia can occur in an infant for any number of reasons. While partial hypoxia may not be entirely avoidable, doctors and medical staff need to keep a close eye on an infant for any signs that he or she may not be receiving oxygen. If medical staff fail to recognize the signs of infant hypoxia, they could be held liable for negligence.

• Reduced Blood Flow

If an infant’s blood flow is irregular, medical staff should be able to recognize the symptoms and apply proper treatment. Sadly, staff are not always as diligent as they should be, which can result in infant death due to restricted blood flow.

• Traumatic Delivery Injuries

Traumatic injuries are one of the leading causes of infant death, especially when delivery is extraordinarily difficult. Doctors and physicians may respond poorly to emergencies that arise in complicated deliveries.

A doctor’s haste and inexperience can result in the death of an infant. Doctors have fatally injured babies in delivery by mishandling the placement of, or the force used with, tools such as forceps or a vacuum extractor. Some other trauma injuries which can result in wrongful infant death are antepartum hemorrhage, eclampsia, placenta previa, placental abruption, uterine rupture, untreated newborn jaundice, kernicterus, and spinal cord damage.

Getting Justice for Wrongful Infant Death

While determining if you are going to pursue a case against a negligent doctor who caused the death of your infant is a difficult decision, it is essential to understand your case may be representative of a much larger problem. Some doctors practice negligently; if their practice caused you to lose a child, you might not be alone. However, if your case is never heard, and the doctor is never held accountable, they may end up causing another couple to lose their infant as well. Lawsuits against physicians are greater than the issue at hand because negligent doctors are likely to be negligent again unless they are held responsible for their actions. If you want to help stop a negligent doctor who harmed your family, contact Stewart Tilghman Fox Bianchi & Cain, P.A. to learn how you can hold the physician accountable.

Consultations are always free and can provide you with the answers you need. Call our Miami birth injury attorneys today at (305) 770-6335. Our legal team is here for clients nationwide.