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Losing a newborn is a heartbreaking tragedy. In 2022, more than 20,500 families in the U.S. experienced this unthinkable loss as infant mortality rates rose to 5.60 per 1,000 live births. Each one represents a life lost, and a family shattered.

For some families, the pain is compounded by the haunting question of whether the death could have been prevented. When healthcare providers fail to uphold the standard of care, the consequences can be catastrophic. In these moments, grieving families ask, “What went wrong?” and “How can we hold those responsible accountable?

At Beam Legal Team, our Chicago medical malpractice lawyers are committed to supporting you through this challenging time. We can help you determine if a medical provider’s negligent actions or inaction played a role in your child’s death and hold those responsible liable.

What Are the Elements of Medical Malpractice?

Medical malpractice arises when a healthcare provider’s failure to meet the standard of care results in harm. Proving it requires four elements:

  • Duty of Care: The healthcare professional was legally responsible for providing competent care, i.e. a doctor-patient relationship existed.
  • Breach of Duty: The provider failed to meet the standard of care expected in their profession.
  • Causation: The breach of duty directly caused harm or injury.
  • Injury or Damages: The patient (in this case, the newborn) suffered harm as a result.

When investigating newborn deaths, it is crucial to carefully evaluate these elements to determine whether the healthcare provider’s actions or omissions played a role in the loss.

Common Medical Malpractice Scenarios in Newborn Deaths

When healthcare professionals overseeing prenatal care, labor, and delivery fail to prepare for likely complications or act recklessly or unprofessionally with an infant’s health and life on the line, it can lead to heartbreaking consequences.

Unfortunately, some of the most frequent examples of medical malpractice in these cases include:

Mismanagement of Pregnancy Complications

When healthcare providers fail to monitor, diagnose, or respond effectively to conditions that arise during pregnancy, it can jeopardize the health of both mother and baby, often leading to preventable harm, including:

  • Missed Warnings: Failing to recognize signs like high blood pressure or unusual lab results can allow conditions like preeclampsia to worsen, risking severe outcomes.
  • Delayed Interventions: Failing to act quickly on signs of fetal distress, such as decreased movement or abnormal heart rate patterns, can result in oxygen deprivation, brain injury, or stillbirth of the child.
  • Poor Risk Management: Conditions such as gestational diabetes or placenta previa may be overlooked or improperly addressed, increasing complications during delivery.

Errors During Labor and Delivery

Medical malpractice during labor and delivery can lead to the death of a child. Common examples include:

  • Failure to Address Complications: Delayed action in situations like prolonged labor or umbilical cord issues can lead to infant brain injuries or strangulation.
  • Improper Use of Tools: Misusing delivery tools like forceps or vacuum extractors can lead to severe trauma to the baby’s head, nerves, or spine, which, in some cases, may result in fatal injuries.
  • Medication Errors: Administering incorrect doses of anesthesia or medications such as Pitocin can lead to severe complications, potentially resulting in the loss of the baby.

Inadequate Post-natal Care

Even after delivery, both the newborn and the mother require careful monitoring. Failing to detect or treat conditions like jaundice, infections, or birth injuries can lead to severe complications or loss. Post-natal medical malpractice can include:

  • Undiagnosed Infections: Missing signs of infections like sepsis or meningitis in the newborn, which can quickly escalate without prompt treatment.
  • Improper Monitoring of Injuries: Failing to identify or treat birth injuries, such as skull fractures or nerve damage, can lead to long-term complications or loss.
  • Missed Warning Signs: Failing to act on symptoms like jaundice, difficulty breathing, or feeding challenges, which can have life-threatening outcomes for the baby.

Identifying Failures in Standard of Care for Newborns

Pursing justice and compensation through the legal system after the loss of a newborn is an incredibly difficult and emotional experience. We don’t think any grieving family should have to go through it alone.

Our dedicated attorneys can conduct a comprehensive investigation into your case, focusing on uncovering potential medical malpractice and pursuing accountability. Our approach includes:

  • Gathering Key Evidence: Collecting medical records, such as fetal monitoring strips and delivery notes, to identify potential errors that were made.
  • Collaborating With Other Medical Experts: Partnering with unbiased neonatologists and maternal-fetal specialists to evaluate whether the standard of care that would be expected for your circumstances was met.
  • Reconstructing the Timeline: Analyzing the events leading to your loss to uncover lapses in care and connect them to the outcome.

Contact Beam Legal Team Today

Coping with the loss of a newborn is a heart-wrenching experience. Understanding whether medical malpractice may have played a role and how our Chicago birth injury attorneys can support you can bring clarity and peace of mind. Contact us for a free, confidential consultation, and let us assist you in seeking justice.