When a person is killed or dies as a result of another person’s negligence, the victim’s family (or beneficiary) may file a wrongful death lawsuit against the responsible party in order to recover compensation and other damages.
In the case of fatal birth injuries, the family of a deceased mother or infant may sue for damages including:
- Medical bills
- Funeral expenses
- Lost wages
- Punitive damages
- Loss of companionship
- Pain and suffering
- Additional damages
The kinds of wrongful death damages and compensation, and the amounts which may be awarded to the victim’s family, are governed by state laws.
The laws governing birth injury wrongful death claims can vary significantly from state to state. For example, state laws differ about when an unborn baby, who has died due to someone else’s negligence, may be the subject of a wrongful death suit.
The viability of a wrongful death claim involving an unborn infant largely depends on a variety of factors, which may include the term of the pregnancy when the baby suffered injury or died. In some states the family can file suit only if it is determined that the baby would have been able to survive outside the womb, while other states do not have this requirement.
Your birth injury attorney will be able to give you more information about your state’s laws, and how they may affect your potential suit.
Risks Involved in Pregnancy and Birth
The potential risks to a mother and her child before, during, and immediately following birth are varied. Medical professionals are required to be aware of these risks, inform the woman and her family of the risks, and work within standard medical procedures to mitigate the dangers. When a pregnant woman’s attending medical professionals negligently fail to treat potential and actual complications, such failures can lead to the death of the mother and/or her child.
A partial list of pregnancy and birth related risks includes:
- Blood incompatibility
- Drug dosage errors
- Drug prescription fulfillment errors
- Errors in ordering or performing a caesarean section
- Fetal distress
- Low birth weight
- Medical machine malfunctions
- Mother’s preexisting medical conditions
- Sexually transmitted diseases
- Surgeon’s errors
Suing for Birth Injury Wrongful Death
In order to get more information about whether or not you are entitled to compensation as a result of your birth injury wrongful death case, you should speak with an experienced birth injury attorney in your state today.