Infant wrongful death is a heartbreaking situation and can have massive legal repercussions for medical professionals.

Infant wrongful death is a legal term for the death of a child shortly before, after, or during birth, caused by medical malpractice or negligence. Infant wrongful death is closely related to birth injuries and medical negligence. In the eyes of the legal system, infant wrongful death may be prosecuted as any degree of death, up to manslaughter.

Within the legal system, the term homicide refers to any time a person causes the death of another, and infant wrongful death can fall into this category. However, there are degrees of homicide, and similarly, infant wrongful death can fit into a few categories.

Very rarely, homicide is not a crime, in cases where a person kills in a clear-cut case of self-defense without premeditation, or could not have reasonably foreseen that their actions could cause harm to another human.

Negligent homicide, where a person’s negligence leads to a death, could come into play in an infant wrongful death lawsuit. Infant wrongful death could fit into the category of manslaughter in some cases. Manslaughter is a situation wherein a person is legally responsible for the death of another, but didn’t set out to kill someone.

A key element in birth injury lawsuits and infant wrongful death lawsuits is that the death could have been avoided by competent medical care. Sadly, some cases of infant wrongful death are so catastrophic that they also involve the death of the mother.

Numerous mechanisms can be the cause of infant wrongful death — physical trauma during birth can be fatal, including brain injuries from forceps or other medical tools. Additionally, oxygen and blood deprivation during delivery is always a concern.

Failure to respond to such an emergency quickly can lead to death and could be the cause of infant wrongful death. Additionally, medical mistakes, like mixing up drugs or using incorrect doses could be a potential cause of infant wrongful death.

A healthcare worker could move a decimal point on the dosage of a drug, which could lead to an overdose. In some cases, infants have been exposed to tainted blood or infection from something as simple as a physician failing to wash their hands.

Infant wrongful death is closely related to birth injuries. The same types of negligence and injuries can cause birth injuries when they’re milder. But even then, birth injuries can have lifelong repercussions for the child and their family.

For example, oxygen deprivation that does not cause infant wrongful death can cause cerebral palsy or another brain injury. Along similar lines, forceps damage to the shoulder can cause brachial plexus injuries, which can cause lifelong nerve damage.