The death of a loved one can be life-altering. It leaves grief, appreciation, and a sense of value for life when it strikes close to you. Losing an infant is even more tragic, as it’s a life that never gets to flourish and experience your love and care. One of the primary reasons for infant mortality is wrongful death.
So, what is infant wrongful death? Can you sue for wrongful death of a fetus? Read on to learn more.
Giving birth may occur naturally but still poses a high risk to the mom and child involved. There are plenty of issues that could arise, but a doctor should be privy to them and act when needed. An infant’s wrongful death is considered medical malpractice. Personal injury lawsuits are then filed against a person or medical entity for their involvement in the death of an infant.
California laws require that healthcare professionals be responsible for all pregnant women and their infants, protecting their lives from possible health complications and infections. When the doctor’s negligence or mistakes cause underlying medical problems, parents can hire a wrongful death attorney to pursue a claim. The lawsuit will hold the medical professionals available during the birth period responsible.
The risk factors or causes for wrongful infant death can be from medical negligence or medical conditions. Below are some of the reasons:
Stemming from asphyxia, an illness characterized by reduced blood flow is oxygen deprivation. Oxygen deprivation is one of the most common causes of wrongful infant death. Asphyxia often occurs before birth when the umbilical cord is compressed or blocked. While the child is in your womb, the umbilical cord acts as the primary source of nutrients and oxygen from your blood. Oxygen deprivation is also liable to occur if the infant’s head or neck gets stuck in the mom’s pelvis area.
Asphyxia or Lower Blood Flow
Asphyxia is an infection that naturally causes your blood flow to lower, prompting exhaustion. When the blood cannot reach the infant fast enough, they are susceptible to poor development of their cognitive and physical abilities. Poor delivery and health complications associated with the mom, including low blood pressure or cardiovascular conditions, can cause asphyxia.
As the name suggests, uterine rupture can happen from cesarean births or uterus scars that existed previously. Consumption of some drugs can expand the stomach, causing the uterus to rupture and risking an infant’s life.
Fetal birth injuries happen when the infant suffers from rough handling during delivery. It constitutes abuse, resulting in death when giving birth. While some of the actions causing injuries may be accidental, the parents may still file a claim.
Infant wrongful death can also occur days or weeks after birth if the parents are given the wrong medication. As your infant is small, the effect of wrong medicines can be devastating and fatal in just a few minutes.
Seeking a settlement in the wake of your child passing away can seem distasteful and misplaced, whether at the hospital or after a car accident. However, these lawsuits are essential in ensuring our healthcare system is free from malpractice and negligent professionals. In addition, the money settlement can come in handy when covering funeral-related or recovery expenses.
Hiring an accident injury attorney for your infant wrongful death lawsuit is your best shot at winning the case. There are a myriad of factors that will influence the final decision. Some of the considerations that decide the amount and success of the claim include the effects of the mistake and the medical bills you will incur. The settlement also covers any losses or costs you have for being away from your work and planning a funeral. It can be awarded in two forms, the economic or non-economic:
To answer your question, “Can I sue for the wrongful death of an infant?” Yes, you can. Provided you can prove the death was because of medical malpractice, product defect, or other concern. At Accident Lawyers Firm, our attorney is well versed in handling infant wrongful death cases.
What if There was a Will?
If the person who died left behind a last will and testament prior to their death, this can be a determining factor in who is allowed to pursue a wrongful death suit. If the person who died did indeed have a will, the court will then appoint an executor to administer the estate. When this happens, the executor or personal representative appointed by the court then has the sole authority to bring a wrongful death lawsuit on behalf of the decedent. Unfortunately, even when a will is left behind, it is likely some family members may contest the will and an executor’s right to pursue legal action in the form of a wrongful death lawsuit. If you are facing these circumstances and need answers to your questions, meet as soon as possible with an injury attorney that Newport Beach families turn to for help in solving these legal problems.
Is There a Statute of Limitations?
As with virtually all types of lawsuits, a statute of limitations usually exists for filing wrongful death lawsuits. While no state has a statute of limitations of less than one year for filing wrongful death lawsuits, most allow family members or others two or three years to file such a lawsuit. In most cases, the countdown on the statute of limitations begins from the date of the decedent’s death. However, if an employee of the government or the government itself is being blamed for the person’s death, you may need to file what is known as a “notice of claim” with the government, which informs them of your intentions to pursue litigation and allows them time to respond to your allegations. If you are required to do this, you usually have only 90 days. Therefore, speak to a wrongful death lawsuit attorney that Newport Beach families trust as quickly as possible.
What if I Wait Too Long to File a Lawsuit?
If you think the courts will feel sympathetic to you should you wait too long to file your wrongful death lawsuit, think again. In virtually all cases, should you file your wrongful death lawsuit after the statute of limitations has expired, your case will not be heard by the court. To make matters worse, you have likely lost any chance you would have had to gain financial compensation for your loved one’s death due to the negligence of others.
Rather than let your wrongful death claim expire and have those who were negligent and careless walk away without being held accountable for their actions, hire the best personal injury and wrongful death attorney to represent you and your family.
If a loved one was killed in an accident and you believe it was due to the negligence of other people, a company, or even the government, do not hesitate to file a wrongful death lawsuit. To learn what will be involved, schedule a consultation today with the experienced personal injury law firm of Accident Lawyers Firm in Newport Beach.