Infant Wrongful Death Lawsuit

Losing a newborn is a devastating experience, especially when their death may have been caused by medical malpractice or a doctor’s mistake. If your child passed away, you may be able to seek justice by filing an infant wrongful death lawsuit.

At Sokolove Law, we have over 45 years of experience supporting families who have experienced unthinkable losses. Call (800) 995-1212 now to see if we may be able to fight for you.

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Filing a Newborn Wrongful Death Lawsuit

Newborn wrongful death occurs when an infant passes away due to a medical professional’s mistake before, during, or shortly after birth. When this happens, it may be considered medical malpractice — and families have the right to hold those responsible accountable.

Such a heartbreaking loss is often accompanied by feelings of grief, anger, or confusion. Our attorneys can help families find answers and pursue justice by taking legal action.

Filing a newborn wrongful death lawsuit may allow you to:

  • Gain clarity about what happened to your child
  • Hold negligent health care providers accountable for the harm they've caused
  • Pursue justice on behalf of your child and family
  • Secure compensation for medical bills, funeral costs, counseling, and more

While no amount of compensation can ease the devastation of losing a child, a birth injury lawsuit may help you move forward and potentially protect other families from suffering similar pain.

“During the birth of our baby, things went very wrong. We asked for a C-section, but it was refused. A vacuum was used, leading to serious brain bleeding, and our baby ultimately passed away. Sokolove Law was a huge help in navigating this complicated and painful process.”
– Indiana Parent & Firm Client

At Sokolove Law, we can help families in all 50 states who have experienced the loss of a child due to medical negligence — and there are no upfront costs or hourly fees to work with us.

Our team is here to offer compassion and guidance throughout every step of the legal process.

Medical Malpractice & Hospital Negligence

Doctors and other staff are trained to provide care that meets a certain standard in order to protect both the mother and baby during the delivery process.

However, when they make a mistake or fail to take the appropriate action, it may be considered medical malpractice.

Medical malpractice in infant wrongful death cases may involve: 

  • Administering the wrong medication or dosage: Medication errors can lead to overdoses and complications that may be fatal.
  • Delaying or refusing a C-section: When certain risk factors are present, like the baby being unusually large or in a breech position, performing a C-section may be safer than attempting a vaginal birth.
  • Failing to address fetal distress: Medical teams should closely monitor a baby's heart rate and other signs of distress during labor. Missing these warning signs can delay critical interventions.
  • Handling shoulder dystocia incorrectly: If a baby gets stuck during delivery, excessive force or improper maneuvers can cause fatal trauma or oxygen deprivation.
  • Ignoring issues after birth: Failing to recognize or properly address health issues like jaundice can result in complications, including a type of brain damage called kernicterus that can be fatal.
  • Not setting up the delivery room in time: Delays in preparing the delivery room or the necessary equipment can result in a lack of oxygen and serious or potentially fatal health complications.
  • Using assisted delivery tools incorrectly: Forceps or vacuum extractors can cause spinal cord injuries, skull fractures, or other injuries if too much force is applied or the tools are used improperly.

Even if you're not sure whether your child's death was the result of medical malpractice, we can review your case for free to help determine what happened.

Who Can Infant Wrongful Death Lawyers Help?

Our infant wrongful death lawyers are here to listen to, support, and fight for families who have been through unimaginable tragedy.

We may be able to help you take legal action if: 

  • Health care providers made a mistake before, during, or shortly after delivery
  • Your child passed away as a result
  • Their death may have been prevented with proper care

At Sokolove Law, we have registered nurses on staff with decades of labor and delivery experience. They can listen to your story and help determine if medical malpractice may have played a role in the death of your child.

Call (800) 995-1212 now to see if our infant wrongful death lawyers may be able to fight for you.

Kristin Proctor, Registered Nurse with Sokolove Law

“We'll gather information about what happened during your pregnancy and when you went into the delivery room or the operating room. We can help put the information together and determine some red flags to share with the legal team.”
– Kristin Proctor, Registered Nurse with Sokolove Law

Our Infant Wrongful Death Settlements

At Sokolove Law, we’ve secured more than $1 Billion for families impacted by birth injuries, including those who have tragically lost a child due to medical malpractice.

Some of our past birth injury settlements and verdicts include: 

  • $10.5 Million for a Missouri family
  • $8.8 Million to an Ohio family whose child experienced severe fetal distress
  • $7.8 Million for the family of a Florida child who was injured at birth
  • $5.1 Million to a child in Texas who experienced birth asphyxia
  • $6 Million to a child in New York who suffered from untreated jaundice
  • $5 Million for a Massachusetts child who suffered brain damage during delivery
  • $4.1 Million to a New Jersey family whose child experienced fetal distress
  • $5 Million for a family in Connecticut
  • $8 Million to a New York child who suffered a vacuum extractor injury
  • $6.5 Million for a Washington child who was deprived of oxygen due to a delayed delivery
  • $940,000 to a woman who lost her child due to complications from Erb’s palsy

While there’s never a guarantee of compensation, our infant wrongful death lawyers will fight hard to get you everything you’re entitled to.

Infant Wrongful Death Settlement vs. Verdict

When it comes to infant wrongful death cases, there are two main ways for a legal claim to be resolved:

  • Infant wrongful death settlements are more common and often result in compensation faster. They involve negotiations and an agreement between your lawyer and the defendants — often without going to court.
  • Infant wrongful death verdicts come after a trial. A judge or jury will decide the outcome of the case after listening to all of the evidence. While verdicts may award more money, they are riskier as there’s no guarantee of compensation.

Regardless of which direction your case takes, our infant wrongful death lawyers are equipped to guide you through the process and pursue the compensation you deserve.

Secure Justice for Your Family

If you believe your child’s death was the result of a medical mistake, our infant wrongful death lawyers are prepared to seek justice on your behalf.

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How to File an Infant Wrongful Death Lawsuit

The emotional toll of losing a child can be overwhelming, and the thought of pursuing legal action may seem daunting — but you don’t have to navigate this process alone.

We can handle every step of filing an infant wrongful death lawsuit on your behalf, so you can focus on grieving and healing with your family.

To seek the justice you deserve, our attorneys can:

  • Determine if you may be able to take legal action during a free case review
  • Gather evidence like medical records and witness testimony to build a strong case
  • File your newborn wrongful death claim before any legal deadlines
  • Negotiate a settlement with the defendant(s), which may include the hospital, doctor, or their insurance provider
  • Fight on your behalf in court for a verdict if a settlement isn’t reached

Throughout the legal process, we’ll work closely with our on-staff nurses to show that the treatment you and your baby were provided didn’t meet the standard of care.

Newborn Wrongful Death Lawsuit Deadlines

Laws called birth injury statutes of limitations determine how long you have to take legal action against a hospital or medical professional.

While these laws vary by state, newborn wrongful death lawsuit deadlines can be as short as 1 year after the loss of a child.

Once this deadline passes, you won’t be able to take legal action again. It’s important to contact a law firm as soon as possible so you don’t miss your chance for justice.

Choosing Infant Wrongful Death Lawyers

If you decide to pursue legal action for the loss of your child, it’s important to find an attorney who can offer both the compassionate support and resources needed to secure justice for your family.

When choosing an infant wrongful death lawyer, look for someone who has:

  • Decades of Experience: Our birth injury lawyers have over 45 years of experience seeking justice for families like yours.
  • No Upfront Costs: There are no hourly fees or out-of-pocket costs to work with us. We only get paid if you do.
  • On-Staff Nurses: Our registered nurses can talk with you about your experience and determine if malpractice played a role in your child’s death.
  • The Ability to Help Nationwide: We can help families in all 50 states pursue infant wrongful death lawsuit settlements.
  • A Track Record of Success: With over $1 Billion secured in birth injury compensation, we have a proven history of delivering results for parents and guardians.

"We’re here to help families who believe that, at birth, something occurred that shouldn’t have. Our medical experts form opinions, and we present evidence to the defendants in the case.”
– Ricky LeBlanc, Managing Attorney at Sokolove Law

Hospitals and their insurance companies may try to deny responsibility for the harm they’ve caused, but we have what it takes to stand up for your rights.

How Much Do Infant Wrongful Death Attorneys Charge?

At Sokolove Law, we believe that every family deserves access to justice, regardless of their economic status or financial background.

That’s why there are no upfront costs or hourly fees to work with our infant wrongful death attorneys.

We work on a contingency-fee basis, which means you pay nothing unless we secure compensation for your family.

Our Infant Wrongful Death Attorneys Can Help Nationwide

If you’ve experienced the tragic loss of a child due to a medical professional’s mistake, we’re here to offer guidance and support during this difficult time.

As a national birth injury law firm, our infant wrongful death attorneys can help families in all 50 states pursue justice and compensation for the pain they’ve experienced.

We’ve secured over $1 Billion for parents and children. Let us help you honor your child’s memory and seek justice on their behalf.

Call (800) 995-1212 now or fill out our contact form to get started with a free, no-obligation case review.

Infant Wrongful Death Lawsuit Settlement FAQ

What is the wrongful death of a newborn?

The wrongful death of a newborn occurs when an infant passes away due to mistakes made by a health care professional, which is known as medical malpractice.

These errors can occur before, during, or shortly after the child’s birth, like failing to properly monitor a baby’s vital signs or using tools like a vacuum extractor incorrectly.

For help after a neonatal death, contact us now. Our compassionate attorneys may be able to take legal action on your behalf.

What is the infant wrongful death lawsuit?

An infant wrongful death lawsuit allows families to seek justice and compensation after experiencing the loss of a child due to medical malpractice at birth.

By taking legal action, parents may be able to hold negligent health care providers accountable and get help paying for medical bills, funeral expenses, and other financial burdens during this difficult time.

Call (800) 995-1212 now to see if you may be able to file an infant wrongful death lawsuit. It costs nothing to speak with us.

Who is sued in a newborn wrongful death lawsuit?

Newborn wrongful death lawsuits may be filed against negligent medical professionals or the hospital where your child was delivered. Providers, like doctors or midwives, may be sued if their mistakes or oversights directly contributed to an infant's death.

In some cases, the hospital may also be held responsible if issues like inadequate staffing or improper equipment played a role in your child’s passing.

What is childbirth negligence?

Childbirth negligence occurs when a medical professional’s mistakes during pregnancy, labor and delivery, or soon after birth causes harm to the baby.

 Childbirth negligence can take many forms, including: 

  • Delaying or not ordering a necessary C-section
  • Failing to monitor fetal distress
  • Improperly using delivery tools like forceps or vacuum extractors
  • Not recognizing or responding to health issues like jaundice
  • Failing to diagnose pregnancy complications like preeclampsia or gestational diabetes

If your baby died due to hospital negligence, you may be eligible for compensation from a wrongful death lawsuit. Contact Sokolove Law now.

How long do I have to contact an infant wrongful death lawyer?

In some states, you only have 1 year after your child’s passing to contact a wrongful death lawyer. Each state has laws called statutes of limitations that determine how long you have to take legal action.

These deadlines vary, but once they pass, you won’t be able to work with an infant wrongful death lawyer again.

What is the infant wrongful death settlement?

Infant wrongful death settlements are compensation given to families after filing a lawsuit against a negligent medical provider or hospital.

These settlements can help cover:

  • Medical expenses related to the child’s birth and care
  • Funeral and burial costs
  • Emotional suffering
  • Lost wages from missed work

Many birth injury cases settle out of court, meaning families may receive compensation without having to go to trial. Call (800) 995-1212 now to find out if you may qualify for an infant wrongful death settlement.

How much does an infant wrongful death attorney cost?

At Sokolove Law, there are no upfront costs or hourly fees to work with our attorneys and get help after a neonatal death.

We operate on a contingency-fee basis, which allows us to make legal help accessible to all families, regardless of their financial circumstances.

What do I do if my baby died due to hospital negligence?

If your baby died due to hospital negligence, you may be able to take legal action against the hospital or medical providers responsible.

Our compassionate birth injury attorneys can discuss your legal options with you, determine if medical malpractice may have played a role in your child’s passing, and fight for compensation on your behalf.

Why should I file a newborn wrongful death lawsuit?

Filing a newborn wrongful death lawsuit can help families:

  • Determine what went wrong and who is responsible
  • Hold negligent providers accountable
  • Secure compensation for medical expenses, pain and suffering, and more

While nothing can undo the pain of losing a child, taking legal action can help honor your baby’s memory and potentially prevent other families from having to endure the same heartbreak.

  1. ABC News. “Baby decapitated during labor at Georgia hospital ruled a homicide.” Retrieved from: https://abcnews.go.com/US/baby-decapitated-labor-georgia-hospital-ruled-homicide/story?id=107036801. Accessed on March 14, 2025.
  2. CBS News. “Hospital Agrees To Pay $8.25M In Baby's Death From Overdose.” Retrieved from: https://www.cbsnews.com/chicago/news/babys-death-yields-record-settlement-of-more-than-8m/. Accessed on March 14, 2925.
  3. U.S. Centers for Disease Control and Prevention. “Infant Mortality.” Retrieved from: https://www.cdc.gov/maternal-infant-health/infant-mortality/. Accessed on March 14, 2025.