A child’s birth should be among the most joyful experiences of your life. Tragically, some newborns die during or shortly after childbirth due to the negligence of doctors or other medical staff involved in prenatal care, the delivery itself, or any other aspect of a pregnant woman’s care.
No amount of money can ever truly replace a lost newborn child. However, it’s important to understand that you may have legal options in these circumstances.
If you can prove a newborn passed due to the actions or negligence of a doctor or other such party, you may be eligible to receive financial compensation for losses ranging from the purely economic (such as funeral and burial costs) to the intangible (like the emotional pain you resulting from a child’s passing). Importantly to our team and many of our clients – seeking justice can also pave the way for regulatory or institutional changes that might help prevent future tragedies.
The following overview will cover the basics of your potential options in this scenario. For more information about your specific case, strongly consider discussing the matter with a wrongful death attorney handling cases involving a newborn’s death resulting from medical malpractice.
Potential Causes of a Newborn’s Wrongful Death
Building a case against a doctor or other medical professional responsible for a newborn’s wrongful passing requires identifying the cause of death. The following are just a few examples of ways negligent medical staff can allow a newborn’s life to be in danger:
- Birth injuries, which may be the result of mistakes such as improper use of equipment or methods during delivery
- Failure to order a cesarean section despite red flags indicating that one is necessary
- General failure to monitor for and/or respond to signs of fetal distress
- Medication errors
Those are just a few examples. Often, determining the cause of a newborn’s passing—and gathering sufficient evidence to show their passing resulted from unreasonable negligence—involves conducting a thorough investigation. This is a task a legal professional can assist you with if you lack the time and resources necessary to handle it on your own.
Potential Damages Available in a Newborn’s Wrongful Death
Many factors, such as the state in which you live, can influence the types of damages you may be eligible to receive if a newborn child passed as a result of negligence. For instance, under Massachusetts law, you may file a wrongful death claim or lawsuit to seek compensation for a child’s reasonable funeral and burial expenses.
In addition, you may seek compensation for any “conscious suffering” a child may have endured before they passed. You could also potentially seek compensation for the loss of a child’s companionship that you would have naturally expected to enjoy had they lived.
Be aware that calculating the amount of compensation you may be eligible to receive can require assigning dollar values to non-economic losses and tallying up various bills. This process could understandably upset you.
Luckily, this is another task a legal professional can handle on your behalf. While no one can promise you’ll receive a specific amount of money from a settlement or damages, a lawyer could help you better determine what a fair settlement might look like based on the extent of your losses.
Often, the insurance company won’t offer a fair settlement, regardless of how much you try to negotiate. It may be necessary to pursue damages in court when this happens.
Building a case against a doctor or other medical professional responsible for a newborn’s wrongful passing requires identifying the cause of death.
You Have a Limited Time to File a Wrongful Death Lawsuit
Processing a newborn’s unexpected passing can be a challenging experience that takes months, if not years. While you should tend to your emotional needs now, you should also keep in mind that acting fast could play a significant role in your odds of you and your family receiving just compensation.
First of all, consider the fact that evidence can lose its value over time. Certain forms of evidence, such as eyewitness testimony, become less reliable as more and more time after a child’s death elapses.
Additionally, the statute of limitations imposes a deadline by which you must file a wrongful death lawsuit. For example, in Massachusetts, the wrongful death statute of limitations is often three years from the date of the decedent’s passing, and may even be shorter in some circumstances, for example if the injuries leading to death occurred some time earlier. You may lose your right to receive compensation if you fail to submit a lawsuit within the proper time frame.
That doesn’t need to happen. At Swartz & Swartz, P.C., our compassion for clients who’ve lost children is matched by our dedication to pursuing the compensation and justice they deserve. For more information about what we can do for you, contact us online or call us at (617) 742-1900.
Need Help?
If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
About the Author: James Swartz
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