The birth of a child should be one of the greatest days of a person’s life. However, when something goes wrong during the birth and the infant passes away, it can become the worst day of the parents’ lives. Losing a child under any circumstances is heartbreaking, but when that death could have been prevented, the heartbreak is even more excruciating. If medical negligence contributed to the death of an infant, the parents may bring a medical malpractice claim against the medical staff or the facility itself.
Who Is at Fault for the Death?
Sadly, sometimes a baby dies during or shortly after birth and there is nothing that could have been done to save him or her. Not every infant death is the result of medical negligence or wrongdoing. Medical negligence occurs when a doctor or other medical professional does not fulfill his or her “duty of care.” Medical staff members have a legal obligation to provide competent medical attention that meets the “medical standard of care.” This standard of care is defined as the level of care that a reasonably skilled medical professional of similar education and training would have provided in similar circumstances. For example, consider a scenario in which an infant passes away because the delivering doctor failed to address the fact that the umbilical cord was wrapped around the baby’s neck. If a reasonably competent doctor of similar training would have noticed the problem with the umbilical cord and taken different steps to save the infant’s life, this may mean medical negligence has occurred.
Collecting Damages in a Medical Malpractice Case Involving Wrongful Death
If medical negligence leads to the death of a baby, a wrongful death lawsuit may help the parents receive compensation. The parents may be able to receive compensation for:...