For parents, the thought of losing a newborn child is unbearable. Some cases are unavoidable due to medical conditions or the act of God, while other cases are the result of accidents or complications during delivery.
There are, however, many cases where it has been reported that the newborn infant or fetus suffers from birth injuries or other complications due to medical negligence or incorrect administration of medicine by the doctor in charge of the procedure. While nothing can bring back a lost child or console a bereaved parent, Virginia law has enumerated various procedures by which the parents can seek legal remedies by initiating personal injury lawsuits.
Infants who are killed, or even cases of car accidents or slips and falls and other accidents, are considered wrongful deaths, and children, as well as their parents, have the right to claim compensation from guilty parties for such incidents.
In most cases, wrongful death lawsuits rely on proving that the death of the victim is due to a wrongful or reckless act of the accused defendant in the civil lawsuit. There are, however, unique cases where the death itself can be under controversy in relation to a fetal death wrongful lawsuit.
There are two different schools of thought when it comes to a fetus being recognized as a life and whether the fetus is entitled to remedies for wrongful death. Many states’ family courts do not consider fetuses to have the same set of rights as that of a fully grown individual or even that of infants. Such cases can become an uphill legal battle requiring the experience and knowledge of experienced attorneys who are able to understand the various aspects of law in the given scenario.
Source: FindLaw, “Wrongful death of fetus or child,” Accessed on May 28, 2015