Wrongful Death of a Mother During Childbirth: Who Can File a Lawsuit?

A pregnant woman’s needs are frequently subordinated to those of the unborn child developing inside of her. Regrettably, doctors frequently overlook the mother’s health when they are more concerned with the child. To ensure a successful pregnancy, labor, and delivery, the mother is essential. It is important to take the mother’s and the baby’s requirements into account. For the entire family, it is devastating if the mother passes away during pregnancy, labor, or delivery. If the mother’s death results from the negligence of a physician, a wrongful death case may be appropriate.

Components of an Action for Wrongful Death

To file a wrongful death lawsuit following a mother’s passing, the plaintiff needs to demonstrate the following:

• Mother passed away.
• Someone else’s carelessness, recklessness, or deliberate wrongdoing resulted in the death.
• The death has resulted in financial losses for the plaintiff.

Wrongful death lawsuits may only be filed by surviving immediate family members, depending on the state. However, in other areas, unrelated parties who also sustain financial harm may file a wrongful death lawsuit with extended family members.

A wrongful death lawsuit may be brought in the context of medical negligence, for instance, if doctors performing a cesarean section on a woman who has problems clotting blood neglect to consider the mother’s medical history and take the necessary safety measures. The mother’s family will probably file a wrongful death lawsuit if she passes away as a result of this failure.

Not just medical practitioners may be held accountable in a wrongful death action. For instance, if a mother passes away during childbirth and it is determined that a faulty medical device caused her death, the surviving family members may, depending on the specifics of the case, file a wrongful death lawsuit against the business that created, produced, or supplied the device.

In certain instances, the actions of a medical professional during a pregnancy or childbirth may be considered criminal offenses. A surviving plaintiff may pursue a successful wrongful death action against a doctor if the doctor is charged with a crime and successfully defends themselves. A higher burden of proof is required in criminal cases: beyond a reasonable doubt. On the other hand, the preponderance of the evidence—more likely than not, that the defendant caused the injury—is all that is needed in civil proceedings, such as wrongful death claims. Consequently, it is plausible that the accused party may prevail in the criminal prosecution yet be unsuccessful in the civil wrongful death lawsuit.

Speak with an Attorney About Your Claim for Wrongful Death

You might be able to make a wrongful death claim if you lost a loved one because of a medical mistake that could have been avoided during her pregnancy or delivery. During an appointment, address your worries with the wrongful death lawyers and ask them anything that interests you. You can call them by phone around-the-clock, or you can use our online form to get in touch with them. Attorneys are available to consult with you in an emergency. They will function as your family’s representative and are accommodating and accessible.

Medical malpractice is among the more intricate legal topics. To contest these claims, malpractice insurance frequently engages combative lawyers, exacerbating an already terrible situation. That fact alone necessitates consulting an attorney before filing a birth injury lawsuit.

While customers concentrate on taking care of their children or getting over their loss, attorneys manage the claim procedure. If this happened to you, seek legal analysis of your claim right now. 

Compensation in a Case of Wrongful Death

The following damages may be granted to the surviving family members in the event of a successful wrongful death lawsuit:

• medical costs
• burial costs
• overall sorrow and agony
• lost pay
• loss of support and companionship

Period of limitations

You ought to file a wrongful death lawsuit as soon as possible if medical malpractice or a faulty medical device caused your mother, wife, daughter, or other family member to pass away during her pregnancy or childbirth. This is because the amount of time you have to file a lawsuit may be restricted by a statute of limitations. Grieving often causes people who have a valid claim to become sidetracked and put off filing their claims. In many places, after you’ve determined the cause of death, you’ve satisfied the “Discovery Rule,” and the statute of limitations will start to run. To prevent the dismissal of your wrongful death claim, you must get in touch with an experienced wrongful death lawyer as soon as possible. 

Maternal Deaths Can Be Avoided

Preventable causes account for the majority of maternal fatalities in the United States. The death rate is rising despite medical technology breakthroughs, contrary to expectations that it would sharply decline. Examining each of the four prevalent causes and injuries of maternal death in the US in more detail will help to both clarify the circumstances that could give rise to a maternal death lawsuit and show how avoidable they are.

Bleeding

Placenta previa is the result of the placenta being stuck in the cervix and going undiagnosed or unmonitored. A woman may have severe bleeding or spotting after 28 weeks. OBs may be held accountable for a woman’s mortality if they neglect to diagnose this condition or fail to take appropriate action for a woman who is experiencing it, as ultrasound can identify it swiftly and readily.

Undiagnosed Uterine Rupture

Women who have had prior surgical scarring, such as from a C-section, are more likely to experience an undiagnosed uterine rupture. A uterine rupture may result from pushing too hard on the stomach or from using Pitocin incorrectly (to induce birth).

Eclampsia

An abnormally elevated blood pressure during pregnancy is the cause of this disease. Failure of the organs, placental separation, and convulsions can result from untreated high blood pressure. To identify preeclampsia’s early warning signals, doctors must continuously monitor their pregnant patients’ blood pressure.

Heart Attack or Deep Vein Thrombosis

An accumulation of blood in the leg or thigh is called deep vein thrombosis (DVT). A thrombus develops, moves to an artery in the lungs, and obstructs blood flow, resulting in a pulmonary embolism. Pregnant women can obtain treatment for a blood clot before it becomes life-threatening by having tests done to detect it early and stop it from happening.

Wrongful death when a woman passes away from a pregnancy, labor, or delivery-related problem could have been avoided. These deaths are also considered wrongful if the cause of death was carelessness or deliberate actions. Finally, the infant’s discomfort during birth may have contributed to the death; if the child also perishes, a claim for the mother’s and the fetus’ wrongful deaths may be made. You should consult wrongful death lawyers as soon as possible if you are dealing with the loss of your family member during childbirth or labor and discuss your options.