Every parent brings their newborn home with hopes for a long, healthy life — and no one should face the unimaginable loss of a child because a medical provider failed to meet the standard of care. Infant death caused by medical negligence is a devastating reality for far too many Indiana families, and the grief that follows can feel impossible to carry. Understanding your legal rights during this time is not about replacing what you have lost; it is about holding those responsible accountable and securing the financial stability your family needs to heal.
At Wagner Reese LLP, we have been fighting for injured Hoosiers and their families since 1997, and we know how to handle complex, high-stakes cases involving infant death and medical negligence. Our attorneys carry a combined 150+ years of experience and have secured multi-million dollar recoveries for families across Indiana. Recognized year after year by Super Lawyers and named a Tier-One Best Lawyers Law Firm, Wagner Reese is prepared to stand by your side from the first call through the resolution of your case — and we never charge a fee unless we win.
What Constitutes Infant Death Medical Negligence?
Infant death resulting from medical negligence occurs when a healthcare provider fails to deliver the standard of care owed to a mother and her newborn, and that failure directly causes or contributes to the child’s death. These cases can involve errors made during prenatal care, labor, delivery, or in the hours and days immediately following birth. According to the CDC’s National Center for Health Statistics, infant mortality remains a serious public health concern in the United States, and a significant portion of infant deaths are linked to preventable complications.
Not every tragic birth outcome constitutes malpractice — but many do. Families often do not realize negligence played a role until they consult with an attorney who can review medical records and work with qualified medical professionals to assess what happened. If your child died due to a condition that should have been diagnosed, monitored, or treated, you may have grounds for a claim. Understanding what constitutes wrongful death and who can sue is an important first step for any family navigating this process.
Common Causes of Preventable Infant Death
Infant death claims arise from a wide range of failures by medical providers, and the circumstances of every family’s case are unique. Our attorneys have handled cases involving many different types of negligence, and we approach each one with the thoroughness it demands.
Failures During Labor and Delivery
Errors made in the delivery room are among the most common causes of infant death claims. Delayed C-sections, improper use of delivery tools such as forceps or vacuum extractors, and failure to respond to fetal distress signals can all lead to catastrophic outcomes. When oxygen is cut off to an infant’s brain during delivery, the consequences can be fatal within minutes.
Delayed or Missed Diagnoses
Medical providers have a duty to identify and respond to dangerous conditions in both mothers and newborns. Failure to diagnose infections, Group B Streptococcus, hypoxic-ischemic encephalopathy (HIE), or severe jaundice in a timely manner can escalate rapidly into a fatal emergency. Understanding what HIE is and how it develops can help families recognize whether a delayed diagnosis may have contributed to their child’s death.
Medication and Treatment Errors
Administering the wrong medication, incorrect dosage, or failing to account for dangerous drug interactions can have fatal consequences for vulnerable newborns. Inadequate monitoring of a newborn in the NICU or immediately after birth is another area where negligence commonly occurs. Families who have lost a child due to common birth injuries that went undetected or untreated may have a valid claim.
What Damages Can Indianapolis Families Recover?
When a family loses an infant due to negligence, Indiana law allows surviving parents and family members to pursue compensation for the losses they have suffered. These cases are pursued under Indiana’s wrongful death statute, which provides a framework for what families may recover. The categories of damages available in an infant death case can include the following:
- Medical expenses: Costs incurred for treatment before the infant’s death, including hospital stays, emergency interventions, and specialist care
- Funeral and burial costs: Expenses directly associated with the child’s death and arrangements
- Loss of the child’s expected lifetime earnings: Economic damages representing what the child may have earned over their lifetime
- Emotional distress and grief: Compensation for the profound psychological impact of losing a child
- Loss of companionship: Damages for the relationship and bond that was taken from the family
Every case is different, and the value of a claim depends on the specific facts, the severity of the negligence, and the losses the family has sustained. Our case results reflect a long history of substantial recoveries for families in situations like yours.
Why Choose Wagner Reese LLP for Your Indianapolis Infant Death Case?
Infant death cases are among the most emotionally and legally complex claims in personal injury law. They require deep familiarity with obstetric and neonatal medicine, access to qualified medical reviewers, and the litigation skill to take a case all the way to trial if necessary. At Wagner Reese, we are not a high-volume firm focused on quick settlements. We are a boutique firm that takes on catastrophic cases because we believe every family that has suffered a devastating loss deserves experienced, relentless representation.
Our founding partners, Stephen Wagner and Jason Reese, have both been awarded Trial Lawyer of the Year and recognized among the Top 50 by prestigious legal organizations. Our firm operates on a contingency fee basis, meaning your family pays nothing out of pocket — our fee comes only from what we recover on your behalf. We see our clients as real people, not case numbers, and we are committed to guiding your family through every step of the legal process.
Contact Wagner Reese LLP Today
The path forward after the loss of an infant is extraordinarily difficult, and the legal process adds another layer of complexity that no grieving family should navigate alone. Indiana’s statute of limitations places a deadline on when wrongful death claims can be filed, so the sooner you speak with an attorney, the better positioned your family will be to pursue justice. Waiting too long can forfeit your right to compensation entirely.
If your family has lost a child in Indianapolis due to suspected medical negligence, we encourage you to reach out to Wagner Reese LLP as soon as possible. Contact us today to schedule a free, confidential consultation. We will review the details of your case, answer your questions, and help your family understand the options available to you.