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Do I Have A Legal Claim If My Child Died From SIDS?

On Behalf of | Oct 3, 2017 | FAQ

A child’s death from Sudden Infant Death Syndrome (SIDS) is one of the most traumatic experiences a family could possibly go through. The death of a child in general is harrowing, but not to know why your child passed away is even worse.

The term SIDS is a partial misnomer and is used as a blanket diagnosis for unknown or hidden causes of infant deaths. In some cases, SIDS deaths aren’t so sudden and are a result of birthing malpractice or injuries sustained at birth.

Malpractice SIDS

Among the ways that medical malpractice can lead to the sudden, unexplained loss of an infant:

  • Negligent spinal cord injuries. Blood found in SIDS victims’ spinal cords suggest trauma caused by careless birthing techniques.
  • Hypoxia. If an infant has limited or no oxygen in the womb for an extended period of time, the effects can include damaged lungs during birth, weak lungs during infancy, and an increased chance of asphyxia.
  • Prolonged in utero stress. When the medical team stands by while a baby struggles to be born, the resulting stress can cause brain damage. One consequence: limited communication between the brain and respiratory muscles can cause apnea and sudden asphyxiation days or weeks later.

Should you file a birthing malpractice SIDS case?

If your child’s death was determined to be caused by SIDS, you have the right to delve deeper into the specific cause. In D.C., infant death investigations are conducted. These investigations include testimony from emergency responders and caregivers, as well as detailed overviews of the conditions surrounding the death. This can help determine if the death was environmentally or positionally related. If there is no evidence to support suffocation or positional asphyxiation, you may have a case of birth-related SIDS.

To begin an investigation and legal claim, we highly suggest you:

  • Obtain autopsy and coroner reports, if possible
  • Discuss potential medical issues your child may have had with a pediatrician
  • Contact a knowledgeable D.C. birth injury lawyer at 703-721-4233 as soon as possible

We know how disheartening and emotionally traumatizing losing a child is, and how those feelings are dramatically amplified when his death could have been prevented at birth. Let us get you the justice your baby deserves. Call us today for a free consultation.