Wasn't his doctor.

[ElleMD]

We had placed a medical directive in order and gave it to every Medical staff member that was on his team. Not only that it also stated in the medical directive that they were not to do any DNA testing until after he was 6 months old they admitted that they had done it before the first family meeting.

None of that caused the death and it is not malpractice. Neither is a typo or error on the death certificate.

 

[zddoodah]

What was the child's date of death?

Sept 2nd, 2017
But they stated to the funeral home that he passed on Sept 4th, 2017

As someone mentioned earlier in the thread, the generally applicable statute of limitations is one year, and that has expired for any date in September 2017. However, California Code of Civil Procedure section 352(a) states as follows: "If a person entitled to bring an action . . . is, at the time the cause of action accrued . . . under the age of majority . . ., the time of the disability is not part of the time limited for the commencement of the action." In other words, and as applicable to your situation, because your daughter (the child's mother) was under 18 when the child died, the one year clock doesn't start ticking until she turns 18. The statute of limitations as to any claim you might bring, however, has expired.

I suggest you take your daughter to consult with a medical malpractice attorney. However, I wouldn't be particularly sanguine about her chances of succeeding (at least not based on what you've posted here). Moreover, clams for the wrongful death of an infant are not generally sufficiently valuable to make it worthwhile for an attorney to take a case on contingency (i.e., you're not likely to find an attorney willing to take the case unless you're willing to pay the attorney by the hour).