When a baby dies because of preventable medical error, no settlement can begin to undo what was lost. What a lawsuit can do is give your family answers, hold every responsible party accountable, and recover what the law allows for the loss you have suffered. Our M.D./J.D. medical-legal team handles these cases with the gravity they deserve.
No client comes to us under more painful circumstances than the parents of a baby who died because something went wrong during labor, delivery, or the newborn period. We approach these cases with the seriousness they deserve, and we do the medical and legal work with care. Our goal is the same as it is in every catastrophic birth injury case: to find out exactly what happened, hold the responsible parties accountable, and recover the maximum compensation the law allows.
Infant wrongful death cases arise in many ways. The most common preventable causes include a missed Category III fetal heart rate tracing that ended in fatal asphyxia, a delayed emergency C-section, a missed uterine rupture or placental abruption, untreated maternal infection that became fatal neonatal sepsis, a failed neonatal resuscitation, missed congenital conditions that the standard of care required to identify prenatally, and defective devices or drugs that caused or contributed to the death. In some cases the death follows hours, days, or weeks in the NICU after a preventable injury — an HIE that progressed despite cooling, a subgaleal hemorrhage that the team failed to recognize in time, a sepsis missed at the bedside.
Two issues come up early in every case: the distinction between stillbirth (fetal death at or after 20 weeks of gestation) and a baby who was born alive and then died, and the question of who may bring the claim under the wrongful death statute in your state. These are state-specific questions, and the rules vary widely. We evaluate every case under the framework that applies where the death occurred.
The most common preventable causes of infant death we see in birth injury litigation.
A Category III tracing demands immediate delivery. When the team fails to recognize the pattern or fails to act, prolonged oxygen deprivation can be fatal. These are often the most provable wrongful death cases because the strip is in writing.
The recognized standard is decision-to-incision within 30 minutes. When that window is missed because of OR availability, anesthesia delay, or communication breakdown, the additional minutes of hypoxia can be fatal.
Most commonly seen in attempted VBAC, uterine rupture cuts off fetal oxygenation within minutes. Failure to counsel, monitor, or respond is a recognized cause of fetal death.
When the placenta separates from the uterine wall, fetal death can occur quickly. Hallmark signs — sudden bleeding, severe pain, hypertonic contractions, abnormal tracing — demand urgent recognition and delivery.
Chorioamnionitis, group B strep, and other infections during pregnancy or labor can spread to the baby and cause fatal sepsis. Standard prenatal and intrapartum screening exists precisely to identify and treat these conditions.
A baby born depressed needs immediate, correct resuscitation under the NRP algorithm. Delayed intubation, failed ventilation, or inadequately trained staff can be the difference between survival and death.
After a vacuum delivery, subgaleal bleeds can be massive, rapid, and fatal. The newborn must be observed for hours after vacuum extraction for signs of expanding scalp swelling and hemodynamic instability.
When the standard of care required prenatal identification of a serious condition — cardiac, neural tube, growth-restriction-related — and the diagnosis was missed, the family may have lost the chance to make different decisions or to be at a higher level of care for the delivery.
Failed fetal monitors, defective infusion pumps, recalled vacuum extractors, and medications taken during pregnancy with undisclosed risks can all contribute to a baby's death. Product liability claims can be layered with medical malpractice claims.
With care, with rigor, with a complete medical and legal team. Here is what we do.
Prenatal records, the fetal heart rate strip, the nursing notes, the delivery and resuscitation log, the cord blood gases, the autopsy report (when available), the NICU course (when applicable). Herb reads the chart the way a physician reads it and identifies every deviation from the standard of care.
Maternal-fetal medicine for the obstetric standard. Neonatology for the resuscitation. Perinatal pathology for the autopsy and placental findings. L&D nursing for the nursing standard. Toxicology and pharmacology when a drug or device is implicated. Economists for any economic damages your state recognizes.
The OB. The on-call physician. The L&D nurses. The anesthesiologist. The neonatology team. The hospital itself. The device manufacturer if a product contributed. The pharmaceutical company if a drug did. Each defendant brings additional coverage to the case.
Alex Alvarez is a Board Certified Civil Trial Lawyer (NBTA) — a credential held by less than 1% of attorneys. Insurance carriers settle wrongful death cases differently when they know the firm across the table is genuinely prepared to put the death in front of a jury.
Recoverable damages in infant wrongful death cases vary significantly by state, but commonly include:
A small number of states still apply outdated limits on infant wrongful death damages, but the trend across the country has been toward fuller recovery as legislatures and courts have recognized the depth of these losses. We are familiar with the rules in every state where we practice, and we structure every case to capture the maximum recovery the law allows.
Layered claims often increase the available recovery substantially. Many wrongful death cases include malpractice claims against the hospital and providers, product liability claims against device or drug manufacturers, and sometimes maternal injury claims when the mother also suffered harm. Each defendant brings its own insurance coverage.
There is. Hospitals routinely tell grieving families that an outcome was unavoidable, even in cases where a careful record review identifies a clear preventable cause. The only way to know what really happened is to have the chart reviewed by someone with the medical training to read it. Herb Borroto, M.D., J.D., will look at your records with the eyes of a physician and tell you honestly what he sees.
In most states, yes. State wrongful death laws differ on whether a stillborn fetus is a covered “person” under the statute, and the rules can also differ between fetal death before 20 weeks and after. We are familiar with the framework in every state where we practice, and we evaluate every case under the rules that apply.
It can affect the legal framework and the damages. In most states, when a baby is born alive and then dies, the case is a classic wrongful death claim with a separate survival action for the baby's pain, suffering, and medical bills before death. The NICU records become important evidence, and the medical bills incurred before death are recoverable.
Statutes of limitations for wrongful death vary by state, and they can be shorter than those for personal injury. Some states allow only one or two years from the date of death. Because the rules differ everywhere and evidence degrades quickly, the most important step is to call us as soon as possible so we can evaluate your case under the deadline that applies.
Nothing upfront. The Alvarez Law Firm handles every infant wrongful death case on a contingency fee basis. No Fees Unless We Recover Money for You. The case review itself is free, confidential, and comes with no obligation.
Herb Borroto, M.D., J.D., will personally review the medical record. No cost. No obligation. Just an honest read from a doctor and a trial lawyer on whether your child's death was preventable — and on every recovery path available to your family.
