I am so sorry for your loss. There are several issues surrouding whether a malpractice action is able to be brought. I practice in Florida, thus, the requirements may be slightly different and you should consult an attorney in your state. Some of the questions I would want answers to before advising whether a malpractice action is possible include your age, the number of pregnancies you have had prior to this one, any complications with prior pregnancies, whether the process you describe occurred within a 24 hour period or less, your prior urinary tract infection history, your course of pre-natal care. Your answers to these questions would likely lead to other questions. You should be able to locate an attorney in your state who would provide you a free consultation to review your case. Again, I am so sorry this has happened and my prayers are with you in your time of loss.
You have my sympathies for your loss of your newborn infant.
I suggest that you review the Legal Guide I have published on Avvo.com which deals with medical malpractice and what it is. If you believe you have been the victim of medical malpractice, you should contact a personal injury attorney in your area and see whether or not the attorney is in a position to undertake your representation.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.