Losing your own child is one of the most horrible events in life. Over 23,000 infants die in the U.S. every year, with birth injuries and medical malpractice accounting for most childbirth deaths.
Whether an infant dies before birth or shortly afterwards, most cases of childbirth death are preventable and can be considered wrongful death, as they were caused by negligent actions or lack of actions on the part of medical professionals.
Physicians, nurses, obstetricians and other doctors at hospitals involved in monitoring pregnancy, delivering the baby and providing medical care for babies after the birth, can be held liable for infant wrongful death.
Fact: with over 23,000 childbirth deaths in the U.S. annually, five leading cases of infant death are birth injuries and birth defects, preterm birth and low birth weight, sudden infant death syndrome, and maternal pregnancy complications.
Examples of infant wrongful death
Delivering a baby around Christmas is arguably the most precious gift for a family. But that gift was taken away from Mississippi parents of a baby who died shortly after birth on Christmas Day two years ago.
The parents are suing the hospital and doctor responsible for the delivery of the baby. The plaintiffs allege that the baby’s death was caused by the doctor’s refusal to schedule an induced delivery for Christmas Eve.
But providing negligent maternity care is not the only cause of infant wrongful death in Los Angeles, California and elsewhere in our nation. A Californian jury in Redwood county recently awarded parents with an $8 million verdict in a wrongful death lawsuit against a hospital using defective products in child’s daycare.
A 7 month old girl was placed on a blanket made by blanket manufacturer Evenflo Co. Inc. But when child’s daycare workers checked on the girl, she was found face down and unresponsive. The girl was declared dead after 36 hours on a respirator.
The court ruled that the infant death was caused by the defective design of the blanket, enabling the parents to sue the hospital and the blanket maker in a product liability lawsuit. Investigation determined that the mattress pads used by Evenflo had the permeability of a plastic bag.
Can you sue hospitals for wrongful death of a baby in Los Angeles?
In legalese, wrongful death describes the death of a person caused by negligent, unlawful or inadequate actions of another party or parties. Since many birth injuries and childbirth deaths can be prevented by proper actions on the part of medical professionals, infant wrongful death cases examine whether or not physicians and nurses did everything that they were responsible for to prevent infant death.
In some infant death cases, a baby was healthy in the womb, but dies during the delivery due to a birth injury sustained as a result of negligence and medical malpractice. In other cases, doctors fail to schedule an induced labor after seeing during prenatal testing that the baby may not be able to survive childbirth if carried any longer.
What childbirth death cases do not constitute wrongful death?
Our Los Angeles medical malpractice attorneys at Law Offices of Howard Craig Kornberg explain that not all stillborn births can be considered to be wrongful death or medical malpractice.
For example, in Los Angeles or elsewhere in California, wrongful death laws do not cover fetus deaths. Instead, you may be able to sue medical professionals and the hospital for medical malpractice in case of stillbirth.
Whether you’re suing a hospital for wrongful death or medical malpractice, the most important element is to prove negligence on the part of the hospital and its medical professionals.
Here at Law Offices of Howard Craig Kornberg, our Los Angeles medical malpractice lawyers have helped parents to seek justice and obtain compensation in settlements or verdicts in infant wrongful death cases in the past over 35 years.
Consult our wrongful death attorneys to conduct an unbiased investigation into the hospital’s actions during testing, monitoring, delivery, and child’s daycare to determine liability.