Preparing for childbirth surgeryIt depends on why your child died. Whether your child died because of a medical condition that could not have been prevented or a birth injury caused by a nurse, doctor, or hospital, one thing is true: you are suffering a tragic and heartbreaking loss.

However, not all newborn fatalities result in birth injury wrongful death lawsuits

Do You Have a Case?

You may have a wrongful death claim if someone else’s negligence was responsible for your child’s death. More specifically, you may have a wrongful death claim if you can prove that the defendant whom you believe is responsible for your child’s death:

  • Owed your child a duty of care. Doctors, nurses, hospitals, and others have a responsibility to provide mothers, unborn babies, and newborn babies with reasonable care.
     
  • Breached the duty of care by failing to act like a reasonable person would in similar circumstances. A doctor, nurse, hospital, or other responsible party may be liable for any injuries that result if they fail to exercise reasonable care.
     
  • Caused your child’s death by breaching the duty of care. In other words, your child would not have died but for the actions (or inactions) of the defendant.

Additionally, you will need to establish that you have a legal right to damages.

Why You Would File a Wrongful Death Claim

It may be overwhelming to think about filing a wrongful death case. Why should you put yourself through the stress of filing a claim when nothing can bring your child back?

There are a few reasons. For example:

  • You may be able to prevent a similar tragedy from happening to another child and another family.
  • Holding the person(s) responsible for your child’s death accountable may help you move forward.
  • You may be able to recover for any financial expenses you incurred because of someone else’s negligence. This could include, for example, medical bills and funeral costs.

Has Your Family Been Impacted By A Birth Injury?

If your family has been impacted by a birth injury you need to speak with an experienced birth injury attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law

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