Did Medical Malpractice Cause Your Newborn’s Death?
If your baby died during labor, delivery, or shortly after birth, you may be asking the hardest question a parent can face: Was this preventable?
At Rasansky | McKenzie Law, we help families investigate whether a newborn’s death was caused by medical negligence during pregnancy, labor, delivery, or immediate newborn care. If you suspect that a doctor, nurse, hospital, or medical team failed to respond appropriately, call our Dallas birth injury and wrongful death lawyers at (214) 651-6100 for a free consultation.
You deserve clear answers, honest guidance, and a legal team that knows how to uncover what went wrong.
Newborn Wrongful Death Caused by Medical Malpractice
The birth of a child should be a moment of joy and hope. When a baby dies during delivery or soon after birth, families are left devastated and searching for answers.
In some cases, a newborn’s death is unavoidable. In others, it may be the result of medical malpractice, such as a failure to recognize fetal distress, a delayed emergency C-section, improper use of delivery tools, medication errors, or a failure to respond to oxygen deprivation.
When a preventable mistake leads to the death of a newborn, Texas law may allow surviving family members to pursue a wrongful death claim and, in some cases, a survival claim. These cases are complex and medically intensive. It is not enough to know that something went wrong. You must be able to show that the medical providers failed to meet the accepted standard of care and that this failure contributed to your child’s death.
That takes experience, resources, and the ability to build a case supported by evidence and expert review.
Our team of attorneys has considerable experience litigating birth injury and wrongful death cases in the State of Texas, and we can investigate the facts of your case for no charge to you.
Our entire legal team is focused on one word: You. You are the most important part of our practice: you, your family, your suffering, your livelihood, and your needs. Let us put our passion for helping others to work for you.
How Medical Negligence Can Lead to a Newborn’s Death
A fatal birth injury or newborn wrongful death can happen in many different ways. Some of the most common examples include:
Failure to Respond to Fetal Distress
When a baby shows signs of fetal distress during labor, the medical team must act quickly. Abnormal fetal heart rate patterns, loss of oxygen, and signs of fetal intolerance to labor can signal a medical emergency. Delays in intervention can result in severe brain injury, organ failure, or death.
Delayed Emergency C-Section
A delayed cesarean section can be catastrophic when a baby is in distress or labor is no longer progressing safely. Hospitals and providers may be liable when they fail to act quickly enough despite clear warning signs.
Oxygen Deprivation and Birth Asphyxia
When a baby is deprived of oxygen during labor or delivery, the consequences can be devastating. Oxygen deprivation can lead to birth asphyxia, hypoxia, hypoxic-ischemic encephalopathy (HIE), brain damage, multi-organ failure, and death. A newborn who is not monitored or delivered in time may suffer irreversible harm within minutes.
Uterine Rupture
Uterine rupture is a medical emergency that can place both mother and baby in immediate danger. It may cut off oxygen to the baby and cause life-threatening bleeding for the mother. Providers must recognize the signs and respond without delay. A failure to do so can lead to a fatal outcome.
Improper Use of Forceps or Vacuum Extraction
When delivery tools are used improperly or excessive force is applied, a baby can suffer severe trauma, including skull fractures, intracranial bleeding, brain injury, and fatal complications. Instrument-assisted delivery must be performed carefully and only when medically appropriate.
Umbilical Cord Complications
Problems such as nuchal cord, cord prolapse, or cord compression can interfere with a baby’s oxygen supply. Medical teams are expected to recognize these complications, monitor the baby appropriately, and take action to prevent harm.
Medication Errors During Labor
Medications used during labor and delivery must be carefully managed. Drugs such as Pitocin can cause dangerously strong contractions if misused, which may reduce oxygen flow to the baby. Other medication errors may also place a newborn at serious risk.
Failure to Provide Proper Newborn Resuscitation or Immediate Care
Some babies need urgent medical intervention immediately after birth. If the medical team fails to resuscitate the baby properly, delays critical treatment, or mismanages a newborn in distress, the result can be fatal.
Signs That a Newborn’s Death May Have Been Preventable
Parents are often told that nothing more could have been done. Unfortunately, that is not always true.
Warning signs of possible malpractice may include:
- fetal distress before delivery
- delayed response to a medical emergency
- an unexplained delay in performing a C-section
- poor communication among doctors and nurses
- improper use of forceps or vacuum devices
- failure to recognize oxygen deprivation
- failure to monitor the baby or mother appropriately
- inconsistent explanations about what happened
- a baby who appeared healthy before labor complications began
If you believe something was missed, ignored, or mishandled, it is worth having the case reviewed.
Why These Cases Require an Experienced Birth Injury and Wrongful Death Law Firm
Infant wrongful death cases involving medical malpractice are among the most difficult and emotionally painful claims a family can pursue. They require a law firm that understands both the medicine and the law.
At Rasansky | McKenzie Law, we know how to investigate fatal birth injury claims by examining the full timeline of care, including:
- fetal monitoring
- labor and delivery management
- emergency response timing
- C-section decision-making
- medication administration
- neonatal resuscitation and post-delivery care
We work to identify what happened, why it happened, and whether it should have been prevented.
Our goal is not just to file a claim. It is to uncover the truth, hold negligent providers accountable, and help families pursue justice after an unthinkable loss.
Frequently Asked Questions
What causes a birth injury?
Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.
What is birth injury malpractice?
Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice. The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing, and coordination. Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.
Did you know?
Rasansky | McKenzie Law negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.
What should I do if my child suffered a birth injury?
The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?
Is my child entitled to compensation?
Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.
What are the main types of birth injuries?
There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:
- Cerebral palsy.
- Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy).
- Infections (B strep, meningitis).
- Baby brain damage.
- Bruising and bleeding beneath the cranial bones.
- Bone fractures and nerve damage (often to the upper arm).
- Shoulder dystocia.
- Spina bifida.
- Folic acid deficiency, anemia.
- Persistent Pulmonary Hypertension.
- Blood flow and/or oxygen being cut off to the baby during delivery (causing anoxic brain injury, hypoxia, birth asphyxia, or perinatal asphyxia).
- Wrongful death.
Will my child's birth injury go away?
Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsy, Erb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 651-6100.
Why Accountability Matters
Not every newborn death is caused by negligence. But when medical malpractice is involved, families deserve answers.
A thorough investigation can help reveal whether a hospital, doctor, nurse, or healthcare system failed to provide appropriate care. Holding negligent providers accountable may also help prevent similar tragedies from happening to other families in the future.
Texas Birth Injury and Wrongful Death Cases Are Complex
Medical malpractice claims in Texas are highly technical and subject to strict legal requirements. Hospitals and insurance companies often defend these cases aggressively. That is why it is important to speak with a law firm that has real experience handling birth injury, medical malpractice, and wrongful death litigation.
If you suspect your newborn’s death may have been preventable, do not ignore that instinct. An experienced lawyer can evaluate the facts, explain your options, and help you understand whether you may have a case.
Speak With a Dallas Fatal Birth Injury Lawyer for Free
If your baby died during delivery or shortly after birth and you believe medical negligence may have played a role, Rasansky | McKenzie Law is here to help.
We offer free consultations, and if we take your case, you pay no out-of-pocket fees. We only get paid if we recover compensation for your family.
Call Rasansky | McKenzie Law at (214) 651-6100 to speak with a Dallas newborn wrongful death lawyer today.
