Filing an Infant Wrongful Death Lawsuit

Is It Something to Think About?

You might think it is the last thing a grieving family member would want to consider but seeking a wrongful death settlement for your deceased infant is a vital part of obtaining justice and helping prevent the deaths of other infants. An infant death settlement can give you a sense of justice and compensation to cover the costs of this devastating loss.

How Infant Wrongful Deaths Occur


It may seem shocking that an innocent, healthy baby should die from a mistake or accident, but that is precisely what happens in these tragic cases. Doctor errors, fatigue, wrong drugs, and more can cause a vulnerable infant to die soon after birth. It could be a single medical provider who caused the death, or it could be that the entire healthcare facility was negligent.

One of the most common reasons for an infant death wrongful death lawsuit is when the doctor does not do a Cesarean section. It is the physician’s job to decide if this procedure is needed to avoid a difficult delivery that can cause birth injuries. If the doctor does not take this step and the baby dies, it could be an infant wrongful death.

Another common cause of infant death is when the doctor uses instruments improperly during birth. The use of forceps of a vacuum extractor can damage the brain and skull or even cut the spinal cord.

Sometimes the doctor may misdiagnose or fail to diagnose a condition at the birth of the baby. This means the infant does not receive the treatment he should if the condition is dangerous to life. There also could be a medication error, such as giving the wrong drug or dose.

What An Infant Wrongful Death Lawsuit Can Cover


You may win your case based on several factors: how severe the inaction or mistake was; the pain and suffering of the mother and infant; the extent of medical and funeral bills; whether the parents missed work and how much, etc.

There are two types of compensation awarded in these cases:

  • economic and
  • noneconomic.

Economic damages cover the costs the family incurred as a result of infant death. This might include lost wages, medical costs, and funeral expenses. Noneconomic damages cover things that cannot be covered with a price tag or invoice: emotional pain and suffering and loss of companionship.

Some infant wrongful death cases can include punitive damages. These expenses punish the guilty person and can be levied against the entire medical facility, or against the individuals who caused the death.


If you lost an infant during or after childbirth, you may want to contact our Oregon wrongful death attorney Bart Herron at The Herron Law Firm today. He will look at your case at no charge and determine if you could be entitled to compensation for your medical bills, funeral costs, pain and suffering, as well as other damages.

Our consultation is at no cost to you. We can quickly inform you if you have a potential case, so you have nothing to lose. CALL or TEXT us today at 503-367-0829.

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