What If I Lose a Child In Labor?

By Chris Dixon


Having a child is one of the most rewarding experiences a person can have, but if something goes wrong and the child is lost, this can leave victims reeling and traumatized. If you or someone you know has lost a child during labor because of the carelessness of medical personnel, you could be entitled to compensation for your immense pain and loss from losing a child.

What is Wrongful Death of a Fetus?

States in the U.S. allow for the parents of a newborn child to sue if their child is killed by a doctor or hospital’s negligence. That being said, wrongful death laws in the U.S. vary from state to state in regards to wrongful death of a fetus. In some states, a child must be outside of the womb in order for parents to press charges, but in other states, this isn’t mandatory. The death of a child is traumatic, especially when caused by another person’s negligence, so it’s crucial to consult an experienced attorney about your case to ensure that you are taken care of during this difficult time and aware of your rights to sue the responsible party for damages.

Most Common Causes of Wrongful Death of a Newborn Child or Fetus

According to a study by John Hopkins, medical errors are the third leading cause of deaths in the U.S. The death of a child during labor can be caused by a variety of factors, but the most common causes of wrongful death of a newborn child or fetus are:

  • Medication errors
  • Trauma during delivery
  • Failure to monitor and detect potential issues during labor
  • Lack of sterilization/infections
  • Lack of judgement, failure to perform an emergency C-section or induction

If you have lost a child in labor due to the negligence of medical personnel, it’s imperative that you consult a lawyer about your case. Perhaps more so than other types of cases, it is essential to act quickly, gather evidence, and file a wrongful death claim against the negligent person that caused the death of your child. Hospitals are insured by large insurance companies that can be ruthless, and if a victim doesn’t act quickly, incriminating details from the accident could be lost or altered to the benefit of the negligent party. The sooner that you take action with a case after losing a child in labor, the better odds your case has of recovering compensation and obtaining justice.

How Can a Lawyer Help If I Lost a Child During Labor?

If you have lost a child during labor because of a medical professional’s negligence, an experienced wrongful death lawyer can protect your rights from the other party and make sure that you are safe and taken care of during this terrible time. An important fact that is often overlooked is that each state in the U.S. has a Statute of Limitations for how long victims have to file wrongful death claims.

If a parent has lost a child during labor and is grieving as a result, the last thing that is probably on their mind is filing an insurance claim. Consulting an attorney as soon as possible after losing a newborn child or fetus during labor ensures that your claim is within your state’s time frame for filing a wrongful death claim, evidence from the accident is kept safe, and that there is someone on your side to provide support and legal advice during this difficult time.

Speak with a Wrongful Death Attorney Today After Losing a Child in Labor

While no amount of compensation can make up for losing a child, filing a wrongful death claim after losing a child in labor can offer you a sense of control over the situation, alleviate some of the financial stress, and obtain justice from the negligent person that caused your tragic loss. If you or someone you love has recently lost a child in labor because of another person’s negligence, don’t hestitate to contact the Dixon Injury Firm today to discuss your case. Our Wrongful Death Attorneys understand how hard it can be to go through the experience of losing a child and are ready to support victims and their families in any way that they can during this difficult time.

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