Pursuing a Wrongful Death Claim for Birth Injuries in Niagara Falls, NY, Hospitals

There’s no pain quite like the devastation of watching your baby die during or shortly after birth. If you experienced this tragic event, you may be unsure how to proceed. Seeking compensation for wrongful death won’t bring your child back, but it could provide a small amount of comfort as you begin to move forward. 

If you can prove that the hospital was negligent in your baby’s death, you may have the right to compensation. A wrongful death lawyer in Niagara Falls, NY, can guide you through this process while you take time to grieve. 

Examples of Preventable Birth Injuries That Lead to Wrongful Death 

Birth injuries occur during the childbirth process. Often, babies who suffer birth injuries had no pre-existing complications or conditions. They were healthy in utero, but something happened during birth that harmed them. 

Unfortunately, many birth injuries can lead to serious complications and death. A few examples include:

• Spinal cord injuries due to improper use of delivery instruments
• Facial paralysis due to excessive pressure on the baby’s face during delivery
• Intracranial hemorrhage due to traumatic delivery
• Infections due to improper sterilization in the delivery room
• Hypoxic-ischemic encephalopathy (HIE), a serious condition that occurs from a lack of oxygen to the brain during birth

Any of these injuries can lead to wrongful death. Even if your child dies years down the line due to complications from a birth injury, you may be able to pursue family compensation with the help of a Niagara Falls wrongful death lawyer. 

Proving the Hospital’s Liability in Birth Injury Cases

Birth injuries are unanticipated, but they are not always preventable. If something begins to go wrong during the birth, medical professionals must make challenging decisions to put the baby at risk of an injury to save their life or the mother’s life. 

However, in some cases, birth injuries are due to negligence on the part of the medical team. You may hold a hospital liable for wrongful death if you can prove that a medical professional acted outside of what another reasonable medical professional would have done in the same situation. For example, maybe a doctor:

• Used tools when they were not necessary for a safe delivery
• Failed to recognize that a baby was not receiving oxygen shortly before birth
• Used unsterile tools that led to an infection
• Placed unnecessary pressure on the baby’s face or body during birth

An experienced wrongful death attorney can help you gather evidence to show that your baby’s death involved negligence on the part of the hospital.

Adhering to the New York Wrongful Death Statute of Limitations 

If you are considering taking legal action for negligence after your baby’s death, be sure to follow New York’s statute of limitations. The state requires wrongful death lawsuits to be filed within two years of the date of death. 

Failing to meet this deadline could bar you from seeking compensation. Contact a wrongful death lawyer in Niagara Falls, NY, now to begin this process and avoid missing the deadline. 

Enlist a Skilled Wrongful Death Lawyer in Niagara Falls, NY, To Represent You 

As you mourn your baby’s death, pursuing fatal accident claims may be the furthest thought from your mind. Our personal injury lawyers at Cantor, Wolff, Nicastro & Hall LLC can take this process off your shoulders while you and your family grieve. 

We can pursue compensation on your behalf and hold the hospital accountable for its negligence. Contact us today at 716-848-8000 or fill out our contact form for a free case evaluation with a wrongful death lawyer in Niagara Falls, NY.