Best bet is to consult an attorney experienced in medical malpractice issues. There are even some attorneys who have experience in prehospital malpractice issues. If EMTs were grossly negligent, failed to follow national/state patient care guidelines and/ treatment protocols they may be sued. It will take expert EMS witness(es) for plaintiff to prevail over defense EMS expert(s). Most EMS textbooks outline what is expected under DOT/NHTSA EMT training curriculum for EMTs & Paramedics. Some states have "Good Smaritan" type laws that protect EMTs from simple negligence suits & require gross negligence, malfeasance, failure to provide care, etc. in order to sue EMTs.
There is no wrongful birth. Only wrongful death.
The surviving family members with a lawyer help.
No, because "wrongful death" is not a criminal charge, only a civil charge (a "lawsuit"), and can result in award of money (restitution, etc), but not jail.
A wrongful death suit is normally filed by a family member. If a criminal trial is being pursued, it could go in conjunction with that. If not, it can be done on it's own. It should be filed in the state and county of the actual death.
If you think you may have a wrongful death claim, then you need a wrongful death attorney. A wrongful death is when someone dies due to the negligent, reckless, or illegal actions of another person. It can be intentional or unintentional.
Individuals can sue a hospital for wrongful death. Depending on each state's statute, family members who are usually entitled to pursue legal action are spouses, next of kin, and children.
Someone may need a wrongful death attorney if they were being sued for being negligent and a death occured. You may also need a wrongful death attorney if a family member died to negligence, for example if a doctor was not properly caring for a patient and they passed away during surgery.
Anybody can be sued for wrongful death. Many people are sued for wrongful death even if they have no culpability in the event. It all depends on the desire of the family of the person who died. Whether the claim will be successful is an entirely different question. But the family of the decedent will potentially look for any sources of recovery and try to prove at least some fault on that person's behalf.
Wrongful death claims may be filed by the remaining representatives of the deceased. Anyone who is a representative of the deceased can file a wrongful death claim by contacting an attorney.
States have varying time frames in which a wrongful death suit can be brought. In Nevada an action for wrongful death must occur within two years to the day after the death.
Findlaws.com and using google.com to search local court rules (rcw)s
The easiest way to find a wrongful death attorney is to visit the local courthouse. Courthouses typically will have attorney finding services inside, while nearby will be attorney offices. Other ways include contacting a friend's or family member's attorney. Their attorney would be able to refer to a wrongful death attorney. Websites such as Wrongful Death Law also offer attorney finder services.