Birth injuries are a particularly tragic type of medical malpractice. It’s devastating to learn that a child will have a lifelong disability before he or she has a chance to enjoy childhood. Sometimes, new mothers are also affected by injuries during labor and delivery, and these can be fatal. After a wrongful death, families need answers and they deserve justice. A wrongful death lawsuit may be appropriate for some cases of maternal death.
Causes of Wrongful Death of the Mother
Despite the advanced healthcare system in the U.S., this country has the worst record for maternal deaths among developed nations, and more than half of those deaths are preventable. It’s possible for new mothers to suffer a fatal medical problem before going home from the hospital, but many of them die days or even weeks afterward. Some experts suspect that one reason for this is that the increased attention on the well-being of the newborn corresponds with a decrease in attentive care of the mother. As a result, hundreds of new mothers in the U.S. die from the following:
- Heart problems, including cardiomyopathy
- Massive postpartum hemorrhage
- Preeclampsia (pregnancy-induced hypertension)
- Blood clots
Elements of a Maternal Death Case
Every civil lawsuit must have certain elements present to proceed. In maternal wrongful death cases, it must be proven that the mother’s death was the result of medical malpractice, and the surviving family has suffered losses as a result of the wrongful death, which can include loss of financial support, household services, love, and guidance. It’s possible for a lawyer to file the lawsuit against multiple parties, which may include the hospital, obstetrician, nurses, and other physicians who rendered negligent care and treatment.
Consequences of Maternal Death
The death of a new mother is an unimaginable tragedy. The child will never have the opportunity to know his or her mother, and the other family members must cope with caring for a newborn in the midst of their grief, as well as their own individual loss. Nothing can make this situation better, but a lawsuit can give the family a sense of justice, as well as compensatory damages for medical expenses, funeral expenses, and loss of support and companionship.
Pegalis & Erickson, LLC offers our sincere condolences to families affected by wrongful death. There is nothing that can bring your loved one back, but you may wish to pursue justice with a wrongful death lawsuit filed in New York. Call (516) 858-2194 and let us know how we can help your family.