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Fatal birth injuries and filing a wrongful death action

On Behalf of | Nov 29, 2023 | Wrongful Death |

Expanding a family is an exciting time for families in Oregon. While women give birth every day all around the world, each pregnancy and delivery are unique to the individual and their pregnancy. As such, complications could occur unexpectedly during pregnancy or labor and delivery.

Medical professionals are trained to uncover, assess and treat these complications; however, errors could be made. As a result, the health, wellbeing and even life of the mother or child could be significantly impacted.

Fatal birth injuries

Medical errors made during a woman’s pregnancy or during the labor and delivery of her child could result in the death of the infant, mother or both. As such, it is important to understand what a fatal birth injury looks like, how it occurred and what could be done following the death of an infant or mother.

Medical malpractice in these matters occurs when medical professionals fail to keep a pregnant woman and her baby safe during pregnancy and birth. Medical providers are required to meet a hire standard of care, which is considered when assessing negligence and errors made.

In the delivery room, negligence and errors could lead to death. This could include the failure to order an emergency c-section, overlooking fetal distress, improper force during delivery, the misuse of a vacuum extractor or forceps, failure to treat conditions and not treating maternal infections.

Civil suits

A wrongful death suit is available after medical malpractice errors are made, leading to the death of an infant or mother. This applies when the death occurs during delivery or after birth. When filing this suit, a loved one must show that a medical professional’s mistake led to the death of an infant, the pregnant mother or both.

A wrongful death suit is not an easy process to initiate or navigate. You are likely overwhelmed with grief and the stress of loss and financial damages. As such, a legal professional can help you better understand the process and your options so you do not need to go through this difficult time alone.


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