Accountability for Your Family
The loss of a newborn during delivery is one of the most painful experiences a family can endure. The perinatal mortality rate in the United States is 8.36 / 1000. Every loss is tragic, but not all are preventable. When the loss of a baby occurs because of a healthcare provider’s negligence — such as failing to monitor fetal distress, delaying necessary treatment, or otherwise falling below the accepted standard of care — the law may allow you to pursue justice and compensation.
At Hoffer & Sheremet, our experienced medical malpractice attorneys help families in Grand Rapids and across Michigan hold hospitals and medical professionals accountable after a preventable newborn death. We understand the emotional and financial toll of your loss, and we’re here to provide compassionate support and aggressive legal advocacy.
What is a Newborn Wrongful Death Claim?
When a baby dies during delivery because of medical negligence, parents may be able to file a wrongful death lawsuit against the responsible healthcare provider or facility. In Michigan, wrongful death claims can arise when a doctor, nurse, or hospital fails to provide care that meets professional standards, and that failure results in death.
A newborn wrongful death case is a type of medical malpractice claim. To succeed, your attorney must show that:
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A healthcare provider treated (or was obligated to treat) the patient - in birth injury cases, both Mom and Baby are patients,
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The healthcare provider breached the standard of care,
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That breach caused the newborn’s death, and
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Your family suffered damages as a result.
Wrongful death claims can help families recover financial compensation for medical expenses, funeral and burial costs, lost income, and the emotional impact of losing a child.
Common Causes of Preventable Newborn Death During Delivery
Medical mistakes that result in the wrongful death of a newborn often involve a failure to recognize or respond to critical signs during labor and delivery. Common causes include:
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Failure to monitor fetal distress or fetal heart rate properly during labor.
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Delayed or improper emergency response, including failure to perform a timely C-section when needed.
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Improper use of delivery instruments, such as forceps or vacuum extractors.
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Failure to diagnose complications before or during delivery.
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Medication errors or mismanagement of maternal or neonatal care.
These types of errors can lead to oxygen deprivation (asphyxia), brain injury, trauma, or death — outcomes that often could have been prevented with appropriate care.
Should I Pursue a Newborn Death Claim?
Whether you should sue if your baby's death was caused by a preventable medical error is a deeply personal decision for you and your family. We are always happy to take the time to talk with you to help you decide if litigation is right for your family. Here are some reasons families choose to sue:
1. Provide Financial Support
Unexpected medical bills, funeral and burial expenses, lost wages, and other costs associated with the loss can be overwhelming. Wrongful death claims can help ease the financial burden while you grieve.
2. Hold Negligent Providers Accountable
A lawsuit places responsibility on the provider and their insurer, prompting investigations and public record documentation of what went wrong. This not only seeks justice for your family but can improve care for future patients. Honestly, not every healthcare provider cares if they are sued; some see it as the cost of doing business. But for others, it has a profound effect, making them safer, more attentive providers.
3. Bring Peace of Mind
Parents often want to understand why their child died and whether it could have been prevented. Legal action can provide clarity.
How Does A Medical Malpractice Attorney Help Me?
If you believe that you or a loved one suffered injury and damages due to negligence at the hands of medical professionals, contact Hoffer & Sheremet. The next steps would typically include the following:
- Gather and review medical records;
- Retain expert witnesses;
- Interview you and close loved ones regarding the impact the injury has had on your life;
- Calculate your medical expenses, out of pocket expenses, lost wages, loss of future earnings and other economic damages;
- Send a demand letter to the hospital and medical providers to attempt pre-suit settlement;
- Serve a Notice of Intent on the hospital and medical providers;
- At the expiration of the Notice of Intent waiting period, file the Complaint and Affidavit of Merit to initiate litigation;
- Conduct discovery;
- Handle motions, court proceedings, and facilitation;
- Go to trial if there is no settlement.