My Baby Died due to Hospital Negligence: What Do I Do?

The loss of a newborn is an unimaginable tragedy that no parent should ever have to endure. When such a devastating event occurs due to negligence, the pain is compounded by feelings of anger and confusion and a desperate need for answers.

At Jacob D. Fuchsberg Law Firm, we understand the profound grief and turmoil families experience in these heartbreaking situations. Our compassionate team of hospital negligence lawyers is here to guide you through this difficult time and help you seek justice for your child.

5 Key Steps to Take After Losing Your Baby to Hospital Negligence

Infant wrongful death occurs when a baby dies due to medical negligence within the first 28 days of life. Here are the steps you should take if you’re affected by this terrible tragedy:

• Seek support: First and foremost, allow yourself time to grieve and seek emotional support. Consider joining a support group for parents who have dealt with similar losses.
• Gather medical records: Collect all medical records related to your pregnancy, labor, and delivery, as well as your baby's care. These will be crucial in evaluating your case.
• Document everything: Record your recollection of events, including conversations with healthcare providers and any concerns you had during your or your child’s care.
• Consult a medical expert: An independent medical professional can review your case and provide an unbiased opinion about whether negligence was a factor.
• Contact a hospital negligence attorney: A skilled lawyer can guide you through the legal process, investigate your case, and help you seek justice for your baby.

It’s important to remember that you don’t have to face this difficult time alone. Seek the comfort of your loved ones, and don’t hesitate to reach out to a qualified mental health professional if you don’t have anyone else you can talk to.

Understanding Infant Wrongful Death

While some cases of infant mortality are tragically unavoidable, many are preventable and result from medical mistakes or substandard care. Common causes of infant wrongful death due to hospital negligence include:

Birth Injuries

A birth injury can occur during labor or delivery due to improper techniques or the use of certain medical instruments. Examples include fractures, nerve damage, or brain injuries resulting from oxygen deprivation.

Lack of Oxygen During Delivery

Also known as birth asphyxia, lack of oxygen can be a serious danger if the baby's air supply is compromised. If not addressed quickly, it can lead to brain damage or death.

Failure to Diagnose or Treat Complications

This broad category includes overlooking signs of fetal distress and maternal health issues. Prompt diagnosis and treatment of conditions like preeclampsia or infections are crucial for the baby's survival.

Medication Errors

Medication errors like incorrect prescription, dosage, or administration can be particularly perilous for newborns, as their small size and developing biological systems make them more vulnerable to adverse effects.

Premature Birth Mismanagement

Premature babies require specialized, often constant care. Mismanagement can occur in the form of inadequate monitoring, improper temperature regulation, or errors with ventilator settings.

Hospital-Acquired Infections

Newborns are especially susceptible to infections due to their underdeveloped immune systems. Therefore, poor hygiene practices or inadequate sterilization of equipment can lead to life-threatening infections.

It's important to point out that not all infant deaths are the result of negligence. However, if you suspect that medical malpractice played a role in your baby's death, it's wise to seek legal advice to better understand your rights and options.

Potential Indications of Hospital Negligence

While it can be challenging to determine whether negligence occurred in natal or postnatal care, certain signs may indicate medical malpractice. They include:

• Unexpected complications during delivery
• Delayed or missed diagnosis of a critical condition
• Failure to order necessary tests or procedures
• Improper use of medical equipment
• Inadequate monitoring of the mother or baby
• Failure to perform a timely C-section when needed

If you observed any of these oversights or have other concerns about the care you and your baby received, consult an infant wrongful death attorney right away.

Infant Wrongful Death Settlements: Legal Options for Families

If hospital negligence led to your baby's death, you may be entitled to file a wrongful death lawsuit. This type of legal action can enable you to:

• Hold the responsible parties accountable
• Obtain compensation for your losses
• Prevent similar tragedies from happening to other families

While no amount of money can make up for your incalculable loss, a wrongful death settlement can help cover the following impacts:

• Medical expenses
• Funeral and burial costs
• Lost wages due to time off work
• Pain and suffering
• Emotional distress

The lawyers at Jacob D. Fuchsberg Law Firm have a proven track record of securing justice and fair compensation for families wounded by medical negligence. For example, we obtained a $5 million settlement for the wrongful death of a pregnant woman and one of her babies due to hospital negligence.

Representing Wrongfully Injured Infants for over 40 Years

At the Jacob Fuchsberg Law Firm, our attorneys go above and beyond to not only recover justice for you and your family but also to ensure that the incident that caused your child’s tragedy will not happen again.

In November of 2023, Partner Christopher Nyberg represented a mother who gave birth to a healthy baby, however, shortly after the infant’s initial examination, our mother and her newborn were left alone and without supervision for nearly an hour. Unfortunately, during this period of time, the baby suffered from Sudden Unexpected Postnatal Collapse, which tragically led to the infant’s passing.

Christopher Nyberg obtained a significant settlement on behalf of the family, however, he also went one step further to ensure that the hospital would amend its protocol to ensure that this would not happen again. As part of the settlement, Plaintiffs received a letter that detailed the changes the hospital made since the incident, including a quality assurance review by the American Academy of Pediatrics.

Infant Wrongful Death Lawsuits

The process of filing a wrongful death lawsuit is characterized by several distinct phases:

• Investigation: Your attorney will thoroughly investigate the circumstances surrounding your child’s death, including reviewing medical records and consulting experts.
• Filing: If your lawyer uncovers evidence of negligence, they’ll file a formal lawsuit against the at-fault parties.
• Discovery: Both sides exchange information and evidence related to the case.
• Negotiation: Your attorney will negotiate with the defendants in an attempt to reach a fair settlement that reflects the extent of your losses.
• Trial (If Necessary): If a settlement can’t be reached, your case may go to trial, where a jury will decide the outcome.

A capable hospital negligence attorney from Jacob D. Fuchsberg Law Firm can handle all of these critical duties so you can focus on grieving and being there for your family.

Proving Hospital Negligence for a Successful Claim

For your infant wrongful death case to succeed, you must establish the following elements:

• The healthcare provider owed a duty of care to your baby.
• This duty was breached through negligence or substandard care.
• The breach directly caused your baby's death.
• You suffered compensable harm as a result of the negligence.

Evidence used to prove negligence may include:

• Medical records
• Expert testimony
• Witness statements
• Hospital protocols and procedures

Your attorney will show that your doctor, nurse, specialist, or hospital failed to uphold their duty of care. They’ll also gather, analyze, and present the necessary evidence to build a strong case for compensation.

The Statute of Limitations for Infant Wrongful Death Settlements

It's important to be aware that there are time limits, known as statutes of limitations, for filing a wrongful death lawsuit. These vary by state, but in New York, the statute of limitations is typically two years from the date of death.

However, if the case involves a hospital or clinic funded by the City, you must file a Notice of Claim within 90 days of the death. For cases involving federally funded healthcare facilities, claims must be filed under the Federal Tort Claims Act within two years.

By consulting an attorney as soon as possible, you can avoid missing these critical deadlines and forfeiting your right to seek compensation.