Welcoming a child should be one of the happiest moments in a family’s life. Sadly, for some Alabama families, that joy is replaced with grief when a preventable birth injury or other medical mistake leads to a newborn’s death. While no legal action can undo such a tragedy, pursuing a wrongful death claim may hold negligent providers accountable and bring a measure of justice.
At Hare Wynn, we have stood with families facing these painful circumstances for generations. Understanding how wrongful death law applies to birth injury cases is an important first step for families who may be considering legal action.
What Counts as a Birth Injury Leading to Wrongful Death?
Not all birth injuries are fatal, but those that result in wrongful death often stem from serious lapses in care. Common examples include:
- Failure to monitor fetal distress
Ignoring abnormal heart rate patterns or other signs that the baby is not receiving enough oxygen.
- Delayed or improper C-sections
Waiting too long to perform surgery or mishandling the procedure.
- Misuse of delivery tools
Improper use of forceps or vacuums can cause severe trauma.
- Failure to diagnose maternal conditions
Missing complications such as preeclampsia or gestational diabetes that put a newborn at risk.
These types of mistakes may deprive an infant of oxygen or cause physical trauma that leads to death shortly after birth.
Alabama’s Wrongful Death Law
Wrongful death claims in Alabama differ from those in many other states. Instead of compensating families for medical bills, funeral expenses, or emotional suffering, Alabama’s wrongful death statute focuses on punitive damages. These damages are intended to punish negligent conduct and prevent similar tragedies in the future.
Why These Cases Are So Complex
Birth injury wrongful death cases require both legal and medical expertise:
- Medical records must be thoroughly reviewed. This includes labor and delivery notes, fetal monitoring strips, and surgical reports.
- Experts are essential. Specialists help explain how care fell short of professional standards and link that failure to the child’s death.
- The law sets strict requirements. Alabama’s malpractice laws impose deadlines, procedural rules, and evidentiary standards.
Working with an experienced attorney is critical. These cases are not only technically demanding but also deeply emotional for the families involved.
Why Families Pursue These Claims
No lawsuit can replace a lost child. But for many families, pursuing a claim is about more than financial recovery. It is about:
- Accountability – ensuring providers answer for their negligence.
- Prevention – pushing hospitals and staff to make changes that protect future patients.
- Closure – knowing that their child’s death sparked action and acknowledgment.
Alabama’s unique focus on punitive damages reflects this emphasis on accountability. By holding providers responsible, families help prevent similar mistakes from devastating others.
Talk to a Birmingham Birth Injury Attorney
If you believe your child’s death was caused by a preventable medical mistake, you do not have to carry that burden alone. A skilled birth injury attorney can review the facts, consult with medical experts, and guide you through Alabama’s wrongful death process.
The medical malpractice attorneys at Hare Wynn have more than 135 years of experience helping families across Alabama pursue justice in the most difficult circumstances. We offer free, confidential consultations, and you never pay unless we recover compensation for you.
Contact us today to share your story and learn how we can help you move forward!
