Rhode IslanD  Infant Wrongful Death Attorney

Understanding Infant Wrongful Death in Rhode Island

Losing an infant due to a preventable birth injury is one of the most devastating experiences any parent can endure. If your child’s death was caused by medical negligence or errors during labor and delivery, you may have grounds to pursue a wrongful death claim. At Decof, Mega & Quinn, P.C., our compassionate legal team understands the emotional toll such a tragedy takes on families. We are dedicated to helping families seek justice and hold negligent medical providers accountable.

If you are looking for an experienced Rhode Island infant wrongful death lawyer, our firm is here to guide you through this difficult legal process. We provide compassionate legal support while aggressively pursuing the compensation and justice your family deserves.

Contact us at (401) 200-4059 to schedule your free consultation.

What is Infant Wrongful Death?

Infant wrongful death occurs when a newborn dies as a result of negligence or misconduct by a medical professional or healthcare facility during labor, delivery, or postnatal care. While some birth complications are unavoidable, many infant deaths stem from preventable medical errors, improper procedures, or failure to recognize and respond to distress.

Under Rhode Island General Laws § 10-7-1, a wrongful death claim can be filed when a death is caused by another party’s negligence, recklessness, or intentional misconduct. When medical providers fail to adhere to the accepted standard of care, and their actions or omissions result in the death of an infant, they may be held liable in a wrongful death lawsuit.

Who Can File a Wrongful Death Claim?

In Rhode Island, the executor or administrator of the deceased child’s estate is responsible for filing a wrongful death lawsuit. If no executor is appointed, the court may appoint a suitable representative. Any compensation recovered through the claim is typically distributed to the surviving parents and other eligible beneficiaries.

Common Causes of Infant Wrongful Death

Infant wrongful deaths due to birth injuries often result from avoidable medical errors before, during, or immediately after childbirth. Some of the most common causes include:

• Oxygen Deprivation (Hypoxia or Asphyxia): When a baby’s oxygen supply is cut off during labor or delivery, it can cause irreversible brain damage and result in death. Hypoxia often occurs due to umbilical cord complications, placental abruption, or failure to monitor and address fetal distress.
• Delayed Emergency C-Section: When signs of fetal distress are ignored or improperly managed, an emergency cesarean section may be delayed. Prolonged labor or other complications can lead to oxygen deprivation, brain damage, and, in severe cases, infant death.
• Failure to Detect Fetal Distress: Medical professionals have a duty to monitor fetal heart rate and other indicators of distress during labor. Failure to detect or respond to warning signs in a timely manner can result in severe injury or death.
• Improper Use of Delivery Instruments: The misuse of forceps or vacuum extractors during delivery can cause traumatic birth injuries, including skull fractures, brain damage, and spinal cord injuries that may lead to death.
• Infections and Sepsis: Untreated maternal or neonatal infections can spread rapidly and result in life-threatening conditions. Medical providers who fail to diagnose and treat infections during pregnancy or after birth may be held responsible.
• Medication Errors: Administering incorrect medication, improper dosages, or failure to monitor a mother or infant after administering medication can have fatal consequences.
• Failure to Perform Necessary Tests and Screenings: Routine prenatal and postnatal screenings can detect conditions that require immediate treatment. Neglecting to perform these essential tests can result in undiagnosed complications that lead to infant death.

Recovering Compensation from Infant Wrongful Death

Pursuing compensation for an infant wrongful death can provide families with financial security and hold negligent parties accountable. While no amount of money can replace the loss of a child, a wrongful death claim can ease the financial burden and ensure that future harm is prevented.

Economic Damages

Economic damages cover measurable financial losses incurred as a result of the infant’s death. This may include:

• Medical expenses related to prenatal care, labor, delivery, and emergency treatment.
• Funeral and burial expenses.
• Lost income or benefits if a parent was forced to take time off work due to grief and trauma.

Non-Economic Damages

Non-economic damages compensate families for the emotional and psychological pain caused by the loss. These may include:

• Emotional distress and grief.
• Loss of companionship and affection.
• Mental anguish experienced by the parents.

Punitive Damages

In cases where the medical provider’s actions were especially reckless or egregious, Rhode Island courts may award punitive damages. These damages serve as a form of punishment and are intended to deter similar behavior in the future.

How to Prove Liability in an Infant Wrongful Death Case

To succeed in an infant wrongful death claim, the plaintiff must prove the following elements:

1. Duty of Care: The medical provider owed a duty to provide care that met the accepted medical standards.
2. Breach of Duty: The provider breached that duty through negligent actions or omissions.
3. Causation: The breach of duty directly caused the infant’s death.
4. Damages: The family suffered measurable losses due to the death.

Take Action: Schedule Your Free Consultation Today

Experiencing the wrongful death of an infant is heart-wrenching, and we are here to provide the support and legal guidance you need during this painful time. By contacting Decof, Mega & Quinn, P.C., you entrust your legal concerns to a reputed and dedicated team eager to fight for justice on your behalf. Our team offers personalized consultations and there is no cost unless we recover compensation for you.

Call (401) 200-4059 or contact us online today, and take the first step towards healing and seeking the accountability your family deserves.