About Wrongful Death of the Baby

The death of a child during pregnancy (stillbirth) or shortly after is a traumatic event.  Many parents who come to us want to know why their child died.  In many cases, these deaths were preventable, and were caused by negligent doctors or nurses, or ineffective hospital policies.

Medical Malpractice Causing the Baby’s Wrongful Death

The major risks to babies during pregnancy and around the time of labor and delivery are:

Oxygen Deprivation

Not only can oxygen deprivation cause brain damage, but too much oxygen deprivation can be fatal to a baby in the womb.  Obstetricians and nursing staff must be trained to recognize the warning signs that a baby may have too little oxygen.  That lack of oxygen can be caused by an umbilical cord wrapped around the neck, overwhelming stresses of labor, or problems with the placenta.

Reduced Blood Flow

Like problems with oxygen deprivation, reduced blood flow to a baby in utero can be fatal.  Blood is needed to carry oxygen and other vital nutrients to baby’s developing brain and other organs.  When that blood flow is cut off or reduced for too long, the organs will shut down.

Trauma during delivery

Difficult deliveries must be met calmly by obstetricians.  When a delivery is complicated by a baby in distress, whether because of concerning fetal monitor strips or shoulder dystocia, doctors must deliver the baby on an emergency basis.  Whether because of inexperience, lack of preparation or simple mistake, doctors who encounter these emergencies sometimes act negligently.  Too much trauma to a baby using a vacuum extractor or forceps can cause permanent injury or death.  Likewise, a cesarean section, improperly performed, can be fatal to the baby.

Antepartum Hemorrhage (Bleeding during Pregnancy)

    • Placenta Previa:  placenta previa is the implantation of the placenta near or on top of the cervix.  Women with this condition often have sudden vaginal bleeding, usually after 28 weeks.  It affects half of one percent of all labors.  Women with placenta previa should usually be treated with modified bed rest and strict pelvic rest.  In some cases, that can prevent damage long enough so that the baby is not premature at delivery.  Wrongful death of baby’s because of placenta previa usually occurs because of complications of prematurity.
    • Placental Abruption:  when the placenta prematurely separates from the wall of the uterus, internal bleeding can result.  It is responsible for about 15% of all baby deaths near the time of labor.



    • Uterine Rupture:  when the uterine wall is breached, both the mother and child’s lives are at risk.  These ruptures can occur at any time near labor, but are most common when the mother has prior uterine scars, like prior surgeries or cesarean sections.  In the labor and delivery room, medical malpractice including excessive pushing on the stomach (to assist in delivery) or improper use of Oxytocin/Pitocin, can cause uterine rupture.  It is rare, occurring in about 1% of all deliveries.  When detected, the baby must be delivered immediately.

Damages in Wrongful Death Cases

When a child dies, there are several categories of damages that a judge or jury can order the negligent doctor or health care provider to pay.  These include:

    • Cost of medical care to the child between negligence and death
    • Funeral costs
    • Noneconomic damages:  to beneficiaries (usually the parents):  mental anguish, emotional pain and suffering, loss of love, companionship and support

The majority of damages in cases of child wrongful death are noneconomic damages.  The amount of money that a judge or jury awards is dependent on many things, particularly the effect of the child’s death on the parents, and the location of the lawsuit.

Contact Us

If you believe that your child was killed because of medical malpractice during or immediately after pregnancy, contact our lawyers at (855) 712-7818 or online for a free consultation.  We have the experience to evaluate your pregnancy records, and can help you to find answers.

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