Does birth injury law cover wrongful death cases?
Yes, birth injury law covers wrongful death cases in Oregon. When a baby dies because of a medical mistake, the family of the child may file a wrongful death claim against the doctor, hospital, or other medical responsible parties. This claim may be brought by parents, grandparents, siblings, and other legal representatives of the deceased. To bring a wrongful death claim, family members must prove that the medical provider’s negligence was the cause of the infant’s death. The courts in Oregon typically use the same standard of care used for medical malpractice cases when determining if a wrongful death claim is valid. In a birth injury wrongful death case, family members may be compensated for medical bills, funeral expenses, lost wages, and other costs associated with the infant’s death. They may also be eligible to receive damages for their emotional pain and suffering as well as the loss of the child’s potential future earnings. In Oregon, wrongful death claims must be filed within three years of the infant’s death. After this time period has passed, the family may no longer pursue damages for the wrongful death. Therefore, birth injury law does cover wrongful death cases in Oregon. If a family’s infant has died due to a medical provider’s negligence, they may be eligible to receive financial compensation for their pain and suffering. However, it is important to act quickly, as the window to file a claim is limited.
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