Questions?What Is an Infant Wrongful Death Lawsuit?
An infant wrongful death lawsuit is a legal action that claims medical negligence caused a baby’s death. These cases usually involve mistakes by doctors, nurses, hospitals, or other health care providers during pregnancy, labor, delivery, or newborn care.
After the tragic loss of a baby, parents are often left carrying overwhelming grief, lost wages, unpaid medical bills, funeral costs, and other financial burdens. Infant wrongful death lawsuits are a way to seek compensation to cover these costs and hold the at-fault parties accountable.
Our legal partners secured $1 million in an infant wrongful death lawsuit for an Alabama family after fetal distress and delayed care led to the loss of their baby.
The Birth Injury Justice Center is dedicated to helping families move forward after birth injuries and other tragic losses. Our network of birth injury lawyers can help nationwide, no matter where you live.
As of 2026, our partner law firms have recovered over $1.1 billion for families affected by birth trauma. If you believe your child’s death could have been prevented, we’re here to help. Start right now with a free case review.
Infant Wrongful Death Lawsuit Compensation
Money from an infant wrongful death lawsuit is meant to cover the losses a family suffers, including emotional distress. The amount of compensation depends on factors like the available evidence and the laws of the state where the case is filed.
- $17 million to an Illinois family for a catastrophic brain injury
- $1 million by our Alabama legal partners for delayed medical care
- $2.3 million for a Georgia couple whose baby was decapitated
- $940,000 by our legal partners for complications of brachial plexus injury
Each case varies, but knowing what other families have received after filing an infant wrongful death lawsuit can be helpful. If you lost your child and believe negligent medical professionals may have played a role, your family may be entitled to compensation as well.
Call us right now at (800) 914-1562 or Click to Live Chat to see if you may qualify.
Medical Negligence & Infant Wrongful Death Lawsuits
Infant wrongful death lawsuits are filed because a medical mistake during pregnancy, labor, delivery, or newborn care may have led to a baby’s death.
In these cases, doctors, nurses, hospitals, or other health care providers may have failed to act on warning signs, respond in time, or provide proper care. Learn more about how medical negligence can cause a baby to die below.
Mistakes During Pregnancy, Labor, or Delivery
Some infant wrongful death lawsuits involve mistakes that happen before a baby is born or during childbirth.
Infant wrongful death lawsuits may be filed in these situations:
- Delayed C-section (cesarean delivery) when the baby is in distress
- Failure to monitor fetal distress
- Ignored maternal infections
- Mishandling pregnancy complications
- Improper use of labor-inducing drugs like Pitocin®
- Misuse of forceps or vacuum extractors
When these mistakes happen, a baby may be deprived of oxygen, suffer a serious birth injury, or die from complications that may have been preventable.
In one case, a family filed an Illinois infant wrongful death lawsuit after a delayed delivery allegedly led to a catastrophic brain injury and their baby’s death.
Mistakes In Newborn Care
Other infant wrongful death cases involve negligent care after a baby is born. Poor newborn care can quickly become life-threatening, especially when health care providers do not act in time.
Examples of negligence shortly after birth may include:
- Delayed treatment for oxygen deprivation (asphyxia)
- Ignoring infections like meningitis
- Failing to treat a baby with clear signs of distress
- Medication errors, like too much pain medicine
- Sending a newborn home despite serious symptoms
In a 2026 case, a California infant wrongful death lawsuit was filed after a doctor was accused of using the wrong drug during a newborn circumcision.
If you have questions about whether your child’s death could have been avoided, our caring labor and delivery 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.
Who Can File an Infant Death Lawsuit?
The person allowed to file an infant death lawsuit depends on the law in the state where the case is filed. In many states, the lawsuit must be brought by the personal representative of the baby’s estate. In some states, a parent may be able to file directly.
An infant wrongful death lawyer can review the situation, determine who is allowed to bring the claim, and handle the filing process so the family is not left trying to sort out state-specific rules on their own.
“Parents should contact a birth injury lawyer as soon as they suspect something went wrong during pregnancy, labor, or delivery.”
– Ricky LeBlanc, Birth Injury Attorney at Sokolove Law
State law also controls how the case is filed and which legal steps must occur first. That can matter even when a family has a strong reason to believe medical negligence caused the baby’s death.
Steps to Filing a Newborn Wrongful Death Lawsuit
An infant wrongful death lawsuit typically begins with a careful review of the medical care your baby received. From there, an experienced lawyer works with medical experts to figure out whether a preventable mistake may have played a role.
- Free consultation: A trained legal professional listens to your story to see if medical malpractice may have caused a child to die.
- Case investigation: Your legal team reviews pregnancy, delivery, and newborn care records to understand what happened.
- Evidence review: Medical experts help determine if doctors, nurses, and midwives followed the accepted standard of care.
- Filing the claim: Your lawyer files your infant wrongful death lawsuit and handles all paperwork.
- Settlement discussions: Most infant wrongful death lawsuits are resolved through negotiations with the hospital or insurance company.
- Trial if needed: If a settlement is not reached, your lawyers continue to fight in court.
Every family’s situation is different, and an experienced infant death lawyer can help explain how your particular case will unfold.
Deadlines for Wrongful Death Lawsuits
Infant wrongful death lawsuits are subject to strict deadlines called the statute of limitations. If too much time passes, your family can lose the chance to file a lawsuit, even if negligence caused your baby’s death.
The deadline depends on the state, so it is important to speak with a lawyer as soon as you believe a medical mistake may have caused your baby’s death.
In some states, the deadline to file an infant wrongful death lawsuit may be as short as 1 year from the baby’s death.
An experienced infant wrongful death lawyer can determine how much time may apply, explain any state-specific rules, and ensure your case is handled correctly from the start.
Do not wait to learn about what legal options may be available to your family. Call our team at (800) 914-1562 or get your free case review right now.
File Your Infant Wrongful Death Lawsuit
If medical malpractice contributed to the death of your child, you do not have to navigate this devastating loss alone.
An experienced infant wrongful death lawyer helps grieving families pursue justice and seek financial compensation for their losses. We have caring nurses on staff who can help you take the first steps toward legal action.
“We’re here to listen without judgment — you can tell us anything and everything about what happened.”
– Beth Carter, RN, On-Staff Legal Nurse Consultant Certified
The Birth Injury Justice Center partners with leading infant wrongful death attorneys who can help in all 50 states. As of 2026, the lawyers in our network have secured more than $1.1 billion for families affected by birth trauma, including the tragic loss of a baby.
Call us right now at (800) 914-1562 or fill out our case review form to take the first steps toward justice.
Infant Wrongful Death Lawsuit FAQs
Yes, you may be able to file an infant wrongful death lawsuit against a hospital if your baby dies and you believe a medical mistake played a role. In most cases, the malpractice lawsuit may also involve a doctor, nurse, or other medical provider.
If you believe your baby’s death may have been preventable, we’re here to help. Call us at (800) 914-1562 or Click to Live Chat right now to get the answers you deserve.
In general, a case may be more likely to succeed when the medical records clearly show that a preventable mistake led to the baby’s death.
An experienced birth injury lawyer can review what happened and tell your family whether there may be a case worth pursuing.
It depends on the case. Compensation for birth negligence causing infant death can vary widely depending on the evidence, cause of death, personal injury laws in the state where the lawsuit is filed, and other factors.
In one case, our legal partners secured $940,000 for a mother who lost her child to complications from Erb’s palsy.
There is no set maximum payout for the wrongful death of an infant. Infant wrongful death settlements and trial verdicts depend on the facts of the case, the losses involved, and state law.
For example, in one Illinois case, a jury awarded a family $17.1 million after finding that delays during labor led to a catastrophic brain injury and their baby’s death.
If you’re considering filing an infant wrongful death lawsuit, we’re here to help. Get your free case review right now to see if you may be eligible.
