INFANT WRONGFUL DEATH: What it is and what to do about it

Introduction

Infant wrongful death is an issue in which an infant is stillborn or dies on account of medical malpractice by a medical provider. After an infant wrongful death incident, it is important to immediately contact a lawyer, as there are deadlines surrounding how long you have to file a wrongful death lawsuit. Here at the Magna Law Firm in Minneapolis, Minnesota, Infant Wrongful death is a practice area that we have significant experience in.

What is infant wrongful death?

Infant wrongful death is defined as when an infant is stillborn or dies shortly after birth due to an error on the hospital’s part. As a result, the parents of the infant are robbed of a life with their child because of a mistake that should not have occurred at the hands of the hospital.

What are some common causes of infant wrongful death?

According to the Birth Injury (“Guide”), there are four common causes of infant mortality. These causes are lack of oxygen, medication errors, traumatic injuries to the infant during delivery, and reduced blood flow. Lack of oxygen to the infant can cause the infant to develop disabilities such as cerebral palsy,or may even result in the infant’s death. Reduced blood flow almost always leads to the infant’s death. As the Guide states, when the infant’s blood flow is cut off, their organs shut down leading to death. Traumatic injuries during birth can lead to death when the physician is unprepared or does not administer proper care to the infant during a difficult delivery. Lastly, medication errors may result in injury to the mother as well as the infant if their physician does not thoroughly weigh the risks of the medication and ensure that it is safe and beneficial.

An example of an infant wrongful death lawsuit

This case entitled Summerfield v. Superior Court, Maricopa CT is a helpful example of a successful infant wrongful death lawsuit. In this particular case, the parents of a stillborn baby girl sued the doctors they believed were responsible for their daughter’s death. Prior to her birth, their child was a healthy fetus, and there were no issues until later in the pregnancy. Ms. Summerfield had gone to her doctor to discuss pregnancy complications because she was diabetic, and the doctor dismissed her concern as nothing. However, a few months later, her child died in the womb. After a long and troublesome journey, the Summerfields were finally able to receive the compensation they deserved, and hold the responsible doctors accountable for the death of their baby girl.

How much time do I have to file an Infant Wrongful Death lawsuit?

Under Minnesota law, the deadline for filing an infant death lawsuit is generally three years after the date the infant dies. To file this type of lawsuit, a person should first reach out to an attorney. The attorney can walk you through the necessary legal steps and determine whether your infant wrongful death case can be successfully pursued. At Magna Law Firm, we are committed to walking you through the legal process in your infant wrongful death case, and helping you receive the compensation you deserve.

Infant Wrongful Death, Part 1 of 2, Pre-litigation