There is nothing more tragic than a child taken too soon. If your family is struggling to cope with the death of your baby, you may be burdened by several questions:

  • How could this have been prevented?
  • Will our family ever get over this?
  • Is malpractice to blame?
  • Should we consider a lawsuit?

We understand the deep pain your family is experiencing while you grieve. When you're ready to look for answers, we'll be ready to help you find them.

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At Monheit Law, we understand what your family is going through. We're prepared to help hold negligent medical professionals liable for your child's death, if you decide to pursue compensation.

— Brian Mittman, Esq.

Over the course of the past several decades, medical technology has gradually become more advanced. Medical procedures such as childbirth are much safer than they were 100 years ago. However, complications have not gone away completely. In the US, the infant mortality rate is relatively high compared to other developed nations, at 5.8 per 1,000 births. There are 56 countries with lower infant mortality rates.

Childbirth is one of life's most joyous milestones. However, losing an infant is equally devastating. For most parents in this situation, the grieving process never truly ends. While many infant deaths arise from unavoidable circumstances, other preventable ones may be the result of medical negligence.

When Is Negligence To Blame?sleeping baby extrene closeup

Life after the death of an infant is a painful struggle which can only be understood through experience. Like many unexpected tragedies, surviving family members want answers. Could anything have been done differently to save the child's life? And if so, who is responsible for the fatal mistakes which lead to a wrongful death?

Sometimes, birth injuries happen as a result of unpreventable complications during delivery. But every year, there are countless birth injuries which are a direct result of a medical professional's negligence.

These cases are usually quite complex, and often require a thorough investigation by legal and medical experts. If you are curious to find the truth about your child's injuries, consider consulting with an experienced medical malpractice law firm with reliable contacts in the healthcare industry.


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Inadequate Monitoring

Obstetricians owe a responsibility to future parents to do all they can to ensure a healthy pregnancy and delivery. This includes frequent monitoring of both the mother and the developing baby. Many dangerous complications can be treated if they are discovered early enough.

If a doctor fails to properly monitor a pregnancy and the child dies as a result of preventable circumstances, he or she may be found negligent. Other hospital staff may also be responsible if they had a responsibility to notify the doctor of complications and failed to do so.

Medication Complications

Improper medication can endanger both the mother and the infant. Certain medications may have a dangerous reaction and cause serious birth injuries or death. The doctor may have accidentally prescribed the wrong medication or dosage, or failed to notice that a dangerous reaction could occur.

In western PA, a couple was recently awarded nearly $14.5 million in a malpractice lawsuit after the court determined that a uterine stimulant called Pitocin was responsible for their son's cerebral palsy.

Failure To Order Emergency C-section

Some deliveries require a c-section in order to protect the safety of both mother and child. If a doctor fails to recognize these circumstances and instead attempts a vaginal birth, the consequences could be devastating. Serious complications may also arise if a c-section is performed too late. A c-section may be necessary if any of the following conditions apply:

  • Placental abruption
  • Chronic maternal health conditions such as diabetes or high blood pressure
  • Maternal infections
  • Multiple pregnancy
  • Abnormally large baby
  • Breech or transverse births
  • Delays or stops in labor
  • Fetal distress

If you experienced any of these circumstances during a vaginal birth, your physician could be found negligent for failure to order a c-section.

Improper Usage Of Delivery Tools

In some deliveries, obstetricians may require the use of assistive tools such as vacuum extractors or forceps. Using these tools with excessive force could cause head trauma which may lead to serious birth injuries or the death of the infant.

What's The Point Of A Lawsuit?wooden gavel graphic

Grief is a complex process and many grieving parents struggle to return to a normal life. A lawsuit isn't going to bring your child back. However, it's still important to hold healthcare professionals responsible if the death was caused by negligent medical care.

If you're mourning the death of an infant, financial compensation may not be a top priority. But you may face many financial difficulties as a result of a preventable death. A favorable verdict or settlement could assist you with the following expenses:

  • Medical expenses - Many grieving parents may require counseling, therapy, or depression medications. Some of these parents may not have the means to afford them. Financial compensation can help provide for expenses related to both mental and physical health.
  • Funeral and burial expenses - No parent should ever have to bury their own child. But when this tragic situation occurs, grieving parents should not be forced to pay for expensive funeral and burial expenses.
  • Pain and suffering - A newborn's death causes emotional wounds which may never heal. Parents may never be quite the same again and deserve to be compensated for the pain caused by medical negligence.

We understand that a legal battle may be the furthest thing from your mind right now. The pain of losing a child may never go away, but financial compensation can at least take care of the variety of expenses grieving families face. Pennsylvania has a 2-year statute of limitations for wrongful death suits. While grief is time-consuming, it's important to act within this timeframe in order to seek justice for a life cut far too short.

Should you decide to seek compensation, the experienced wrongful death attorneys at Monheit Law will be here for you during this difficult time. We will consult with expert medical professionals in order to thoroughly analyze your case and secure the compensation you need during the painful grieving process.

Additional Birth Injury Info

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