Questions?What Is Infant Wrongful Death?
Infant wrongful death occurs when a baby dies because medical providers failed to properly respond to complications during childbirth.
Some situations that may result in the death of a baby include:
- Delayed emergency care during labor or delivery
- Doctors missing signs that the baby was in danger
- Medication mistakes during delivery or newborn care
- Misuse of delivery tools like forceps or vacuum extractors
- Serious birth injuries that were not treated properly or in time
It’s important to understand that not every infant death is caused by negligence. Some medical complications cannot be prevented even with appropriate care.
However, when doctors or nurses fail to follow accepted medical standards and a baby dies as a result, families are entitled to answers and accountability.
The Birth Injury Justice Center is a trusted resource for families navigating life after traumatic births. We work with experienced infant wrongful death lawyers in all 50 states who help families seek justice and financial compensation for avoidable harm.
As of 2026, our legal partners have recovered over $1 billion for families affected by birth trauma. If you believe your child’s death could have been avoided, we’re here to help. Start your free case review right now.
What Causes Infant Wrongful Death?
Some infant deaths happen when doctors or nurses do not recognize warning signs or respond quickly enough. In these cases, a baby may suffer fatal injuries. Below are several known causes of infant wrongful death.
Birth Asphyxia and Oxygen Loss
A baby’s brain and organs need a steady supply of oxygen during labor and delivery. Birth asphyxia occurs when a baby does not receive enough oxygen and blood flow around the time of birth.
This may happen if warning signs during labor are missed or if delivery is delayed during an emergency. Severe oxygen loss can cause brain damage, organ failure, or death.
Delayed Emergency C-Section
Some birth emergencies require doctors to deliver the baby immediately by cesarean section. If the baby shows signs of distress during labor, waiting too long can be dangerous.
In other cases, complications such as placental abruption or uterine rupture may make vaginal delivery unsafe. When a C-section is delayed during these situations, a baby may suffer severe oxygen loss or other life-threatening injuries.
Improper Use of Forceps or Vacuum Extraction
Doctors sometimes use forceps or vacuum extractors to help guide a baby out during a difficult delivery. These tools must be used carefully. Too much force or repeated attempts can cause serious trauma.
In some cases, improper use of forceps or vacuum extractors can lead to skull fractures, brain bleeding, or other injuries that may become fatal.
“There are protocols for using delivery tools. If a vacuum extractor pops off repeatedly, that’s a sign to stop. At that point, the safer option may be a C-section.”
– Beth Carter, RN, On-Staff Legal Nurse Consultant Certified
Failure to Respond to Umbilical Cord Problems
Problems with the umbilical cord can quickly become dangerous during delivery. For example, the cord may slip ahead of the baby (cord prolapse) or become tightly compressed. When this happens, the baby may not get enough oxygen.
These situations are medical emergencies and require immediate care. Even a short delay can lead to severe injury or death.
Infections That Are Not Diagnosed or Treated in Time
Infections during pregnancy or shortly after birth can be dangerous for newborns. Some infections can pass from mother to baby during pregnancy or labor. Other newborn infections develop after birth and may worsen quickly if treatment is delayed.
Infections such as sepsis or meningitis can become life-threatening in a short time if doctors do not recognize the warning signs and begin treatment right away.
Medication Errors During Labor or Newborn Care
Medication mistakes can happen during labor, delivery, or newborn treatment. These errors may involve drugs used to induce labor, medications given during delivery, or treatments provided to a newborn after birth.
If the wrong medication or dose is given, serious complications can follow. In some cases, medication errors can lead to breathing problems, oxygen loss, or other medical emergencies.
Untreated Pregnancy or Delivery Complications
Some pregnancies develop serious medical complications that require close monitoring. If these conditions are missed or not treated in time, they can place both the mother and baby at risk.
Complications that can become life-threatening include:
- Chorioamnionitis (infection in the uterus): This infection can spread to the baby during pregnancy or labor and may become life-threatening without prompt treatment.
- Fetal growth restriction: When a baby is not growing as expected in the womb, it may signal problems with the placenta or oxygen supply.
- Placental abruption: This occurs when the placenta separates from the uterus before birth, which can cut off oxygen and blood flow to the baby.
- Preeclampsia: A serious pregnancy condition that causes high blood pressure and can affect the placenta and the baby’s oxygen supply.
When these complications are not recognized or managed quickly, they can lead to severe birth injuries or infant death.
Severe Newborn Complications That Were Not Treated Promptly
Some babies develop serious medical problems shortly after birth and need immediate care. When these conditions are not recognized or treated quickly, they can become life-threatening.
For example, untreated severe jaundice can lead to kernicterus, a type of brain damage caused by high levels of bilirubin in the blood.
Types of Birth Injuries That Can Lead to Infant Wrongful Death
Some birth complications can cause serious injuries. In the most critical cases, the damage may be too great for a newborn to survive.
Some of the most serious types of birth injuries linked to infant death include:
- Bleeding in the brain: Trauma during delivery or complications of prematurity can cause bleeding inside a newborn’s brain, which may become life-threatening.
- Hypoxic-ischemic encephalopathy (HIE): A severe brain injury that occurs when the baby does not receive enough oxygen and blood flow around the time of birth.
- Spinal cord injury: Excessive force during a difficult delivery can damage the spinal cord and lead to severe neurological injury.
- Traumatic brain injury: Physical trauma during birth may cause skull fractures or other serious injuries to the baby’s brain.
When injuries like these occur, doctors must quickly recognize the problem and begin treatment. In the most severe cases, however, the damage may be too great for a newborn to survive.
If you have questions about whether your child’s birth injury caused their death, our caring nurses are here to help. Connect with a registered nurse right now.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
Infant Wrongful Death and Medical Malpractice
Medical malpractice happens when doctors, nurses, or hospitals fail to provide care that meets accepted standards.
Warning signs may be missed during labor, emergency care may be delayed, or medical teams may fail to act quickly when a baby is in danger.
“Prior to the delivery, our baby was healthy, but ultimately passed away. We kept asking for a death certificate, but it was never given. Our attorney was a huge help in navigating this complicated and painful process, and we’re really grateful for their support.”
– Family our Indiana legal partners helped
After a loss like this, many families want answers about what happened during the birth. Medical experts often review pregnancy records, delivery notes, and newborn care records to determine whether proper medical care was provided.
Filing Newborn Wrongful Death Lawsuits
An infant wrongful death lawsuit begins with a careful review of what happened during pregnancy, delivery, or newborn care.
Generally, the steps in infant wrongful death include:
- Free case review: A trained legal professional listens to your story and determines if medical negligence may have played a role.
- Case investigation: Attorneys review pregnancy, delivery, and newborn care records to understand what happened.
- Evidence review: Medical experts examine the records to determine if doctors followed accepted standards of care.
- Filing the claim: Your attorney files the lawsuit and handles the paperwork.
- Settlement discussions: Most cases are resolved through negotiations with the hospital or insurance company.
- Trial if needed: If a settlement is not reached, the case may move forward in court.
Every family’s situation is different, and an experienced birth injury lawyer can help explain the options available. See if you can connect with a top infant wrongful death lawyer near you right now with a free case review.
Infant Wrongful Death Settlements
No amount of money can undo the loss of a child. The grief after losing a baby is overwhelming and life-changing. Legal action cannot take away that pain. However, an infant wrongful death settlement may provide financial stability as a family copes with an unimaginable loss.
Depending on the circumstances, financial support may help cover:
- Counseling or mental health support for parents and family members
- Funeral and burial expenses
- Medical bills related to pregnancy, delivery, or neonatal care
- Time away from work while grieving or managing medical issues
In some states, families may also be able to recover damages for the emotional harm caused by the loss.
Infant wrongful death cases are different from most other wrongful death claims. Because the child has not yet begun a career or earning income, these cases usually focus on medical expenses and the profound emotional loss experienced by the family.
Find an Infant Wrongful Death Lawyer
The loss of a baby changes a family forever. Grief looks different for every parent, and there is no single way to cope with such a devastating loss.
For some families, speaking with a counselor or leaning on loved ones is the first step. Others feel the need to understand exactly what happened during pregnancy, delivery, or newborn care.
“Families often come to us with questions, not documents, and that’s okay. We help gather the records, work with medical experts, and piece together the full story.”
– Ricky LeBlanc, Infant Wrongful Death Attorney at Sokolove Law
If you believe medical negligence may have played a role in your baby’s death, speaking with a qualified birth injury lawyer may help you understand your options.
The Birth Injury Justice Center has partnered with experienced birth injury attorneys who can help in all 50 states. If you qualify, our legal partners will guide you through the process, uphold your rights, and fight for maximum compensation.
The infant wrongful death lawyers in our network have secured more than $1 billion for families affected by birth trauma, and they may be able to help your family, too.
Contact us now at (800) 914-1562 or fill out our case review form to see if we can help you find closure at this difficult time.
Infant Wrongful Death FAQs
Infant wrongful death refers to the loss of a baby caused by preventable medical negligence during pregnancy, labor, delivery, or newborn care. In these cases, doctors, nurses, or hospitals may have failed to respond appropriately to serious complications.
If you believe your baby’s death may have been preventable, the Birth Injury Justice Center is here to help. Call us at (800) 914-1562 or Click to Live Chat right now to get the answers you deserve.
The wrongful death of an infant may occur when serious medical complications are not recognized or treated in time.
Common causes include:
- Delayed emergency delivery
- Improper use of delivery tools
- Lack of oxygen during birth
- Medication errors
- Mismanaged fetal distress
- Untreated infections
In some situations, missed warning signs during labor or newborn care may also contribute to a baby’s death.
Yes, in some situations, families may be able to file an infant wrongful death lawsuit if medical professionals contributed to their baby’s death.
If you lost your baby during pregnancy, delivery, or shortly after birth, filing a claim may help cover medical expenses, funeral costs, and other financial burdens families face after such a devastating loss.
Get a free case review right now to find out if you may be able to take legal action.
Settlement amounts vary widely depending on the circumstances of the case and state law. In some situations, cases may settle out of court, while others go to trial.
For example, an Illinois jury awarded a family $17.1 million after their infant suffered catastrophic brain injuries during childbirth and later died.
The deadline for filing a wrongful death claim, known as the statute of limitations, varies by state. In many states, families only have 2 or 3 years to file a lawsuit after the death of a child.
Because these timelines can be complex, speaking with a qualified birth injury lawyer may help families understand their rights and any deadlines that apply to their situation.
