Infant Wrongful Death Legal Questions

It can be intimidating to file a lawsuit for wrongful death, especially if you’re grieving and unsure of whether your case is a true wrongful death case. With just a little guidance, you can move through your doubt and talk to a birth injury lawyer about the viability of your case. If you have legal questions about wrongful death cases before you contact a birth injury lawyer, take a look at the frequently asked questions and you may have a better idea of how your case looks.

What is Infant Wrongful Death?

A baby wrongful death case is a case when a medical staff person of responsibility makes a tragic mistake that results in the death of the child, the mother, or both. Sometimes the medical staff, which can include physicians, nurses, and medical assistants, makes a mistake that results in a painful birth injury first, that may eventually lead to death. In other instances, a baby may be born stillborn after negligent medical mistakes.

Unfortunately, common birth injuries that result in death, in many instances, can be prevented. For example, failure to schedule and perform an emergency C-section when the fetal and/or maternal is detected,  improper and forceful tugging during childbirth, and administering the incorrect amount of medication can all lead to death, yet could have been prevented with diligent medical care.

How Do I Know if I Have an Infant Wrongful Death Case?

When a tragic death happens, it’s common that a representative from the hospital or from the insurance company wants you to feel like the medical staff personnel did whatever they could to save the baby, the mother, or both. Sometimes they’ll even try to give you a settlement so that you can feel okay when you leave the hospital. You should never accept this money because this is one of the many clear signs that there was something wrong for them to feel like they need to give you a settlement.

If you have any feelings of uneasiness about what happened or if you reflect a regretful or “oops” feeling from anyone on the medical staff team, that is an indication that someone made a mistake and that something wrong happened. This insecure feeling is a very large indicator that something could, in fact, have gone awry and this may be a great place to start when you meet with a lawyer.

How Do I Approach a Lawyer With a Baby Wrongful Death Case?

When you meet with a lawyer and you think that you may be the victim of a wrongful death case, start with whatever feelings of unease regarding the events that transpired. It’s also best to have as much documentation as possible, such as medical records, any records or pamphlets that you may have from as far back as pregnancy, and other documentation such as check in and discharge paperwork.

You may also want to write down your testimony, recording your own eyewitness account of any pertinent information. If any friends or family members observed something, their written testimony may also be a valuable document to bring when you approach a lawyer.

How Long Should a Baby Wrongful Death Case Take?

It’s difficult to determine how long a wrongful death case will take, as there no cases are identical. However, the majority of wrongful death cases are not settled quickly. Wrongful death settlements may take anywhere from several months or more. If your case should go to trial, it may take a few years.

Since there is no set way to determine how long your particular case will take, it’s best to prepare beforehand and understand that it may take quite some time before the case is resolved.