Losing an infant to medical mistakes creates unbearable pain for families. When a healthcare provider’s error or carelessness causes that loss, parents can pursue a medical malpractice claim. Oregon law empowers parents or legal guardians to seek justice if medical negligence caused their infant’s death.
Who can be held responsible?
Parents must prove that medical providers’ actions directly caused or contributed to their infant’s death. Doctors might miss warning signs during pregnancy, fail to respond to fetal distress, or make critical errors during delivery. Nurses sometimes give wrong medications or neglect to monitor babies properly. Hospitals bear responsibility when they lack proper NICU equipment or fail to staff qualified personnel for infant care emergencies.
Medical malpractice cases involving infant death aren’t straightforward affairs. Parents claiming their child died due to an error must demonstrate that providers violated the standard of care expected in their profession. This means comparing their actions to what reasonable healthcare professionals would do in similar situations.
Claimants will need the following as evidence in their medical malpractice cases:
- Medical records
- Fetal monitoring strips
- Records of the hospital’s policies
- Testimonies from expert witnesses (usually other doctors)
Attorneys experienced in infant medical malpractice cases can help parents gather this evidence. Attorneys can also provide legal representation should the matter escalate and head to court.
What does Oregon law say?
In Oregon, you must file a wrongful death claim within three years of the child’s death. This time limit is called the statute of limitations. If you wait too long, you may lose your right to take legal action. That’s why it’s important to speak with a lawyer as soon as possible.
A successful claim can help cover medical bills, funeral costs and other losses. You may also receive money for emotional pain, suffering and the loss of your child’s companionship.
Taking the next step
Many grieving parents find the medical malpractice process overwhelming. Yet taking action can prevent similar medical errors from harming other babies.
If medical negligence caused your infant’s death, contact an attorney experienced in Oregon infant malpractice cases. These lawyers review medical records, consult medical experts and explain your legal options. If you need moral support, support groups for parents who lost infants to medical errors provide emotional guidance during this difficult journey.