The death of a loved one is a huge tragedy, but when you lose your child, the emotional distress, anger and grief can be too overwhelming to deal with. By contrast, if the arrival of a baby is one of the most joyful experiences in life, the loss of a child is the most traumatizing experience for a parent.
But who can be held liable for the loss of your infant child or fetus? And how to recover compensation for the wrongful death of children in North Miami Beach and elsewhere in Florida? These are the questions we asked our North Miami Beach wrongful death attorney at the Neufeld, Kleinberg & Pinkiert, P.A.
Eligible heirs of infant children who die as a result of someone else’s negligence, recklessness, intentional acts, wrongful acts, breach of contract, or omission to act may be entitled to compensation by filing a wrongful death lawsuit against the liable parties.
While Florida wrongful death law recognizes infant children and babies as persons, it does not recognize fetus and unborn babies as persons the death of which makes parents and other family members entitled to monetary compensation for pain and suffering and other damages.
For example, if a mother is crossing the street with her infant child and a drunk driver kills the child in a car accident, the mother will be entitled to financial compensation for the loss of her child, as the child’s death would be deemed as a wrongful death.
The death of a fetus, on the other hand, is not deemed as a wrongful death under Florida laws, say our best wrongful death lawyers in North Miami Beach. While some states permit claims for a child’s wrongful death when a fetus is killed due to negligence, recklessness, omission to act, or other causes, Florida is not one of those states.
Since a fetus is not considered a person under Florida law, expectant parents will not be able to bring a wrongful death lawsuit against negligent doctors, nurses, obstetricians, or other medical professionals whose actions or omission to act contributed to the fetus’ death.
However, in no way does it mean that the loss of a fetus will not be punishable by law if someone else’s negligence causes the death. “Florida law considers the death of a fetus as physical injury to the mother,” explains our North Miami Beach wrongful death attorney at the Neufeld, Kleinberg & Pinkiert, P.A.
That means the mother will be eligible to sue the at-fault parties for the death of her fetus in a personal injury lawsuit, which can include but is not limited to such damages as pain and suffering and emotional distress. Fathers are not always permitted to bring a claim when their partner or wife loses the fetus due to someone else’s negligent acts or omission to act.
It is highly advised to consult with wrongful death lawyers, as whether or not fathers are entitled to compensation depends on the “impact rule.” Depending on the circumstances of a particular death of an infant or fetus before, during or after delivery or labor, multiple parties can be held responsible and sued in a wrongful death lawsuit, including but not limited to healthcare providers, nurses, doctors, surgeons, pharmacists, midwives, obstetricians, manufacturers of drugs and medical devices, and others.
Consult with an experienced wrongful death attorney in North Miami Beach or elsewhere in Florida to find out more. Get a free consultation by calling our offices at 305-931-6666 or 954-523-8292 or fill out this contact form.