Wrongful Death of the Fetus or Newborn

Wrongful death of a fetus or newborn occurs when negligence or misconduct leads to their death, allowing parents to seek legal action. These claims depend on state laws, which vary on whether they permit wrongful death lawsuits for unborn fetuses. Liability can arise from medical errors during labor or harmful prescriptions. Filing a wrongful death lawsuit provides financial relief and holds the responsible party accountable. Consulting a wrongful death attorney is essential to navigate complex state-specific laws and adhere to statutes of limitations.

For most parents, the birth of a child is one of the greatest moments of their lives. However, when something goes wrong, and parents experience the death of a fetus or newborn, parents want to know "why?"

If the answer to that question is that it was someone else's fault, the parents may be able to bring a wrongful death case. A wrongful death attorney can help explain your options and legal rights.

What Is Wrongful Death?

Wrongful death is a death caused by the negligence or fault of another person. Wrongful death statutes in each state govern the process for wrongful death. These statutes address issues such as:

• Who can bring a wrongful death suit
• How is settlement distributed
• The statute of limitations

For example, a mother and her newborn child are in a car accident caused when the other driver ran a red light. The child dies as a result of the accident. In such a case, the mother may be able to sue the other driver for wrongful death. Another way to think about wrongful death is to ask the following question: If the other person had acted reasonably, could this death have been prevented? If the answer is yes, then the other party may be liable for wrongful death.

Wrongful Death of a Newborn Child or Fetus

When a newborn child dies due to the fault of another person, state law allows parents to recover under their wrongful death laws. However, when something happens, and the fetus dies in utero, states vary on whether they allow these claims.

Many states require that children be born alive before plaintiffs can bring a wrongful death action on their behalf. Among states that allow wrongful death suits for the death of a viable fetus, some require viability to bring a lawsuit. That is, at the time of death, the child must have reached the stage of development where they can live outside of the womb.

Other states do not have such requirements for an unborn fetus to bring a claim for the wrongful death of a fetus. If you have questions about whether your state allows wrongful death lawsuits on behalf of a fetus, please check your state's laws or consult a wrongful death lawyer.

Liability for Wrongful Death of a Newborn Child or Fetus

Liability for the wrongful death of an unborn child or newborn child cause of action can arise out of many circumstances. One way that a party may face liability is in the context of a birth injury.

A birth injury generally occurs during the labor and delivery process. Birth injuries often arise out of the following types of situations:

• Acts or omissions of a medical provider during labor cause harm to the fetus or child
• A doctor or pharmacist prescribes a pregnant woman drugs that result in harm to the fetus or child
• A healthcare provider's failure to diagnose complications

If the fetus or newborn dies as a result of one of these actions, the doctor or medical professional who caused the harm may be liable for the child's death. Birth injuries may also result in claims of medical malpractice, medical negligence, or pharmaceutical drug liability. Therefore, contacting a local personal injury attorney for legal advice is important.

Why File a Wrongful Death Lawsuit?

No amount of money can replace a loved one. However, suing the party that caused the death can provide financial relief and punish the wrongful party.

State laws concerning damages vary. Damages are typically designed to compensate surviving family members for the loss of their loved one's financial and emotional support. Some damages, such as loss of consortium and lost future earnings, are challenging to quantify. In addition to these damages, courts may also seek to punish the liable party by awarding punitive damages if the state's law allows for such damages. Punitive damages seek to punish a wrongdoer who acted recklessly.

Get Legal Help with Your Wrongful Death Claim

Wrongful death actions are complicated. The requirements necessary to bring such lawsuits vary by state. It's critical to get a lawyer's help. You don't have to solve this devastating situation on your own.

Meeting with a lawyer can help you understand your options and how to protect your rights. Don't delay. Statutes of limitations govern time limits to bring a wrongful death lawsuit. Visit our attorney directory to find a lawyer near you. If you believe you have a claim, consider getting a legal evaluation by an injury attorney first.

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