I am very sorry for your loss. There may in fact be a viable claim here. Unfortunately, the law does not place the value on a baby's life that you would think. Consult with a medical malpractice attorney ASAP
I am so sorry for your loss. I would definitely discuss with an experienced malpractice attorney. He or she will have to review the records, and then have an expert review to give you a definitive answer. Good Luck.
I will echo everyone else's sentiments and share my condolences with you. I cannot imagine suffering through the loss of a child. Having said that, medical malpractice cases are very technical from a legal standpoint, and they are very fact specific. While the information you have shared is instructive, none of us can give you any sense of whether you have a truly viable claim until we sit down with you and review all of the medical records.
The way the law evaluates a medical malpractice claim is to review the doctor/nurse's behavior against what another similarly situated doctor/nurse would have done. If your daughter's treater did not do the things they should have done, it may be a "breach of the standard of care." If that is the case, you would have a claim.
I would advise you to contact one of us who does medical malpractice cases sooner rather than later. I would also advise you to request all of her medical records from both hospitals where she was treated. When they ask you why you are requesting the records, you should just tell the hospitals it is for insurance purposes (in my opinion, it is none of their business that you are reviewing the case, and you don't want to give anyone an opportunity to alter any records before you receive them).
All of us offer free consultations, and it is an opportunity for you to understand how a claim like this works (since medical malpractice is unlike any other negligence lawsuits) and what you can expect starting from the review to ultimate resolution of any potential claims. Good luck in your healing.
For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.
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