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Defining wrongful death and its elements

If a baby dies due to the negligence or misconduct of another person, then they may be held responsible by the family through a wrongful death lawsuit. The family is unable to recover their lost child, but they can attempt to recover compensation from the accused in the form of damages.

A wrongful death lawsuit can only be made by the family of the deceased. A wrongful death lawsuit can come about due to a variety of scenarios. Common scenarios that can lead to this lawsuit include:

  • Death caused by the negligence and or malpractice of medical staff. If the nurses failed to pay attention during birth and their negligence resulted in the baby dying or if the doctor failed to perform a C-section properly.
  • Dangerous or hazardous working conditions. If a medical institution has unsanitary facilities and equipment and the baby dies due to infection then the hospital and staff may be held responsible.
  • If the death occurred due to the crimes of a person, even if he wasn't trying to cause harm to the deceased, he may be held responsible. For example, a nurse stole medical supplies which resulted in a shortage at the hospital which contributed to complications in birth and the baby's death. 
  • An effective wrongful death lawsuit needs to have the following elements: 
  • A person must lose their life due to the circumstances involved. A wrongful death lawsuit, of course, cannot take place if no life was lost.
  • The death must be a result of the misconduct, negligence or negative aims of the accused.
  • There must be surviving family of the deceased for a wrongful death lawsuit to take place, as only family members can file the lawsuit.
  • A personal representative must be appointed by the court to handle the distribution of the property and assets of the deceased. 

If a family member or loved one died, and you believe the death was due to negligence or misconduct, then you may have a right to file a claim. In such a case, to help ensure you get the best representation and the best outcome, it would be wise to contact an experienced attorney near you.

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