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When is a Doctor Liable for an Infant’s Death Due to a Birth Injury?

Posted on in Medical Malpractice

Rolling Meadows wrongful death lawyersThe death of a child is one of the most heartbreaking experiences a person can possibly endure. Losing a baby is devastating regardless of the reason, but when an infant’s death is caused by medical negligence, the loss can be even more painful. Medical malpractice actions are civil claims used to hold negligent medical professionals and facilities accountable when substandard care leads to a patient’s injury or death. A medical malpractice claim may also help the family of a deceased patient recover financial compensation for damages.

Determining the Reason for the Infant’s Death

If your baby passed away shortly before, during, or soon after his or her birth, you are probably desperate for answers. You want to know if the tragic death was avoidable. If the death was preventable, you want the responsible parties held responsible for the needless tragedy. It is estimated that over 7,000 infants die each year in the United States. Some of these deaths are unavoidable while others are caused by medical negligence. Infant wrongful death may be caused by a number of medical mistakes including:

  • Failure to properly monitor the infant for signs of distress
  • Improper use of assistive tools such as forceps and vacuum extractors
  • Failure to perform a C-section or delayed C-section
  • Surgical mistakes during a C-section
  • Unaddressed umbilical cord issues
  • Medication errors
  • Inadequate prenatal care and screening
  • Failure to properly account for maternal risk factors such as gestational diabetes or obesity

Violating the Medical Standard of Care

The four main components to any personal injury claim are duty, breach of duty, causation, and damages. Medical professionals are expected to provide medical care that meets the accepted “medical standard of care.” This is the type of care that a medical professional of the same background and education would have provided in a similar situation. A medical malpractice attorney can investigate the circumstances of your infant’s death and determine if medical negligence caused or contributed to your tragic loss. Medical experts may provide insight about whether the actions that doctors and other medical staff took meet the accepted medical standard of care.

If medical negligence was the cause of your baby’s death, you may be able to recover financial compensation for your damages. There is no amount of money that could possibly compensate a parent for the death of a child. However, this compensation may provide financial relief from medical bills and other costs.

Contact a Palatine Medical Malpractice Lawyer

If your infant died and you suspect that medical negligence was to blame, contact a Schaumburg birth injury attorney from Newland & Newland, LLP to discuss your legal options. Call our office at 847-797-8000 for a free, confidential case assessment.

 

Source:

https://www.reuters.com/article/us-health-infants-mortality-idUSKBN1GX2ST

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