September is National Infant Mortality Awareness Month – a time to remember the babies whose lives ended too soon, support grieving families, and raise awareness about steps that may help prevent infant deaths. Its message is simple but powerful: Every Baby Deserves a Chance.
According to the Centers for Disease Control and Prevention (CDC), 20,050 infants died in the United States in 2024. Infant mortality refers to the death of a baby before their first birthday. Although many infant deaths result from medical conditions that could not have been prevented, others may involve delayed treatment, missed warning signs, or failures to follow accepted medical standards.
When families suspect that medical negligence contributed to the loss or serious injury of a newborn, they deserve clear answers. Our newborn medical negligence attorneys at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates can review what happened and help families understand their legal rights.
What Are the Leading Causes of Infant Mortality?
During National Infant Mortality Awareness Month, healthcare professionals, advocates, and families work to bring greater attention to infant mortality and the measures that may help reduce it.
The leading causes of infant death in the United States include:
- Birth defects and congenital abnormalities
- Premature birth and low birth weight
- Sudden infant death syndrome, or SIDS
- Unintentional injuries
- Maternal pregnancy complications
- Bacterial sepsis
- Umbilical cord and placental complications
- Intrauterine hypoxia and birth asphyxia
Not every infant death could have been prevented through appropriate medical care. However, a recognized medical condition does not automatically mean that the outcome was unavoidable. A careful investigation may reveal that a healthcare provider failed to diagnose the condition, respond to warning signs, order appropriate testing, or provide timely treatment.
How Can Preventable Medical Errors Harm a Newborn?
Newborn medical negligence can occur before delivery, during labor and delivery, or in the hours and days following birth. In some cases, healthcare providers have only minutes to recognize fetal or newborn distress and intervene.
Medical errors that may contribute to a preventable birth injury or infant death include:
- Failure to recognize or respond to fetal distress
- Delaying a medically necessary emergency C-section
- Failing to properly monitor the fetal heart rate during labor
- Misinterpreting fetal monitoring strips
- Failing to diagnose or adequately treat maternal infections
- Medication or anesthesia errors
- Failure to recognize umbilical cord or placental complications
- Delayed treatment of newborn breathing difficulties
- Failure to diagnose or treat newborn jaundice
- Delayed diagnosis or treatment of neonatal sepsis
- Inadequate resuscitation after birth
- Improper care in a neonatal intensive care unit
- Premature discharge without appropriate testing or follow-up
The American College of Obstetricians and Gynecologists explains that fetal hypoxemia and acidosis can cause changes in fetal movement, amniotic fluid, and fetal heart rate characteristics. Healthcare professionals must recognize concerning changes and determine whether further evaluation or immediate intervention is necessary.
“The loss or serious injury of a newborn is devastating under any circumstances. When the medical records show that warning signs were missed or treatment was unreasonably delayed, families deserve to know what happened and whether the outcome could have been prevented.”
– Dr. Michael M. Wilson, M.D., J.D.
Warning Signs of Newborn Distress
Healthcare providers are responsible for carefully assessing a baby immediately after birth and responding to signs of respiratory, neurological, or systemic distress. The Apgar score is one tool used to communicate a newborn’s overall condition and response to resuscitation, but it is only one part of a complete medical evaluation.
Potential warning signs of newborn distress include:
- Rapid breathing, particularly more than 60 breaths per minute
- Pauses in breathing, grunting, or difficulty breathing
- Blue or gray skin, lips, fingers, or toes
- Chest retractions, including skin pulling tightly around the ribs or neck during breathing
- Poor feeding or difficulty staying awake for feedings
- Repeated or forceful vomiting
- Fever or an abnormally low body temperature
- Wheezing or unusual breathing sounds
- Yellowing of the skin or whites of the eyes
- Extreme lethargy or difficulty waking
- Limpness or unusually stiff muscles
- Seizures
- Weak, high-pitched, or inconsolable crying
- Reduced movement or responsiveness
These symptoms do not necessarily prove that malpractice occurred, but they may indicate a medical emergency. Parents should seek immediate medical care if a newborn has difficulty breathing, turns blue or gray, experiences a seizure, becomes unresponsive, or shows another serious or rapidly worsening symptom.
If you believe something was not right about the care your child received, our Washington, D.C. birth injury lawyers offer free consultations. We can review the available information and help you determine whether further investigation is appropriate.
What Is the Difference Between an Unavoidable Tragedy and a Preventable Infant Death?
The distinction is not always obvious. A poor outcome alone does not establish medical malpractice, and even excellent medical care cannot prevent every birth injury or infant death. At the same time, an underlying medical condition does not excuse negligent care.
A newborn medical malpractice claim generally requires evidence that:
- A healthcare provider owed the mother or baby a duty of care.
- The provider failed to meet the applicable standard of care.
- That failure caused or substantially contributed to the baby’s injury or death.
- The child and family suffered legally recognized damages.
The standard of care generally considers what a reasonably qualified healthcare provider would have done under similar circumstances with the information and resources available at the time.
For example, fetal distress malpractice may occur when nurses or physicians fail to properly monitor a baby, misinterpret an abnormal heart rate pattern, fail to notify the appropriate doctor, or delay an emergency delivery. Families can learn more about recognizing signs of a birth injury in a newborn.
Because the medical and legal questions are complex, each case requires an individualized review by attorneys and qualified medical experts.
How Does a Birth Injury Attorney Investigate a Newborn Injury or Death?
One of the most difficult parts of a newborn medical malpractice case is determining what happened during the critical minutes or hours surrounding the birth. Parents may receive only a brief explanation, and much of the most important evidence may remain in hospital records they have never seen.
An attorney may obtain and analyze evidence such as:
- Prenatal and maternal medical records
- Labor and delivery records
- Fetal heart monitoring strips
- Nursing notes and physician orders
- Medication and anesthesia records
- Umbilical cord blood gas results
- Apgar scores
- Laboratory and imaging results
- Neonatal intensive care records
- Resuscitation records
- Hospital policies and protocols
- Discharge and follow-up instructions
- Autopsy or pathology findings, when available
The investigation may also compare the care provided with hospital policies and accepted obstetric or neonatal practices. Independent medical experts may be asked to evaluate whether providers responded appropriately and whether timely intervention would likely have changed the outcome.
Families should preserve the medical records and documents already in their possession, including discharge instructions, bills, photographs, messages with healthcare providers, and a written timeline of what they remember. Learn more about the elements that may be required in a birth injury case.
Why Choose Our Newborn Medical Negligence Lawyers?
Dr. Michael M. Wilson brings a rare combination of medical education and legal experience to complex medical malpractice cases. He earned both his medical and law degrees from Georgetown University and has more than 30 years of legal experience.
Because Dr. Wilson is both a physician and an attorney, he can analyze the medical and legal issues together. This perspective can be especially important in newborn malpractice cases involving complicated fetal heart monitoring, birth asphyxia, infection, neurological injury, neonatal intensive care, or questions about whether earlier intervention could have prevented harm.
“Parents should never be expected to decipher complex medical records while grieving or caring for an injured child. Our role is to investigate the medicine, explain the evidence in understandable terms, and pursue accountability when negligent care caused preventable harm.”
– Dr. Michael M. Wilson, M.D., J.D.
Our firm understands that families may contact us with unanswered questions rather than proof of wrongdoing. You do not have to determine whether malpractice occurred before speaking with an attorney. That is what the investigation is designed to uncover.
Even if you only have a feeling that something was not right, it may be wise to consult our birth injury lawyers and learn about your legal options.
Speak With a Washington, D.C. Infant Injury or Wrongful Death Attorney
The loss or serious injury of a newborn can leave a family facing grief, uncertainty, and difficult questions about the care their child received. The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates helps families investigate potentially preventable infant deaths and newborn injuries with compassion, medical insight, and focused legal experience.
Deadlines may apply to medical malpractice and wrongful death claims, and those deadlines can vary depending on where the injury occurred and the circumstances of the case. Seeking legal guidance promptly can help protect important evidence and preserve your right to pursue a claim.
Contact us online for a free, confidential consultation. We serve families throughout Washington, D.C., Virginia, and Maryland and handle complex medical malpractice matters nationwide. Call 202-223-4488 or complete our online form.
Frequently Asked Questions About Newborn Medical Negligence
How do I know if my child suffered a birth injury?
Some birth injuries are apparent immediately, while others become noticeable as a child grows. Possible signs include seizures, abnormal muscle tone, feeding difficulties, developmental delays, limited movement, hearing or vision problems, and failure to reach expected milestones. These symptoms can have many causes and do not automatically establish malpractice. A medical and legal review may help determine whether negligent care played a role.
Are all newborn injuries considered medical malpractice?
No. Medical malpractice generally requires proof that a healthcare provider failed to meet the applicable standard of care and that this failure caused or contributed to the child’s injury. A serious complication or unexpected outcome does not, by itself, prove negligence.
Could cognitive or motor delays be related to medical negligence?
They could be, but developmental delays can result from many different conditions. Concerns may include delays in rolling over, sitting, crawling, walking, speaking, or responding to sounds. An attorney can review the pregnancy, delivery, and newborn records with qualified experts to investigate whether oxygen deprivation, untreated infection, excessive bilirubin, or another preventable event contributed to the delays.
Will another doctor tell me whether my child experienced medical negligence?
Not necessarily. A second doctor can diagnose an injury, recommend treatment, and explain your child’s medical condition, but that physician may not evaluate whether another provider violated the standard of care. A birth injury attorney can obtain the complete records and consult independent experts who are qualified to assess the treatment provided.
What records are important in a newborn malpractice case?
Important evidence may include prenatal records, fetal monitoring strips, labor and delivery notes, medication records, cord blood gas results, Apgar scores, laboratory findings, imaging, neonatal intensive care records, and discharge instructions. An attorney can request the complete chart and identify records that may not have been included in the documents initially given to the family.
How long do families have to file an infant wrongful death or birth injury claim?
The deadline depends on the jurisdiction, type of claim, date of injury or death, and other facts. In Washington, D.C., different deadlines may apply to birth injury and wrongful death claims, and exceptions can be limited. Families should speak with an attorney as soon as possible rather than assuming they still have time.
