Typically, the day that a baby is born is one of the greatest days in a New Mexico parent’s life. However, this is not true if the baby dies unexpectedly during delivery or is stillborn. While there are several reasons why the baby died, it may be because a doctor or some other third party was negligent. If this is so, the parents may in some cases choose to file a wrongful death suit against a doctor or hospital.
To prove liability under wrongful death laws pertaining to a newborn, certain events must have taken place. In some cases, the doctor or medical professional may have been negligent or reckless during the delivery process. In other situations, a medical professional may have prescribed a pregnant woman medication that harmed the baby and which led to its death.
For most parents, nothing will come close to adequately replacing their lost child. However, it is possible that the family could receive compensation for the loss of the child’s future earnings and companionship, although that can be hard to measure in financial terms. In some states including New Mexico, punitive damages may be available if the defendant’s actions were especially egregious .
Any medical professional who is responsible for a fatal birth injury may be held financially liable in court. Although this can do nothing to bring back a parent’s child, a verdict for the plaintiff in a wrongful death case could provide closure to a family. This may allow parents to heal emotionally after such a tragic event. Parents who wish to take such legal action may find it easier to do so with the help of a personal injury attorney.
Source: FindLaw, “Wrongful Death of the Fetus or Child”, accessed on March 18, 2015
