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June 7, 2017 by MatadorAdmin

Liability from Death in Childbirth Cases

While modern technology has made it much safer for women during their pregnancies and deliveries, medical misconduct or negligence can still result in the death of the mother. Not only does this mean that the child will grow up without ever knowing their mother, the family will go through intense suffering, financial and social hardships as a result.

The World Health Organization sets goals to reduce mortality in childbirth, and was alarmed to find in recent years that this number has gone up in parts of the United States.  One risk factor is delivery by C-Section deliveries, which now accounts for 32% of births. “Cesarean has its place, and it has saved the lives of mothers and babies,” says Dr. Michael Lu. “But Cesarean has its complications and these can increase the risk of maternal death.” This is due to how C-sections require intensive surgery, and are associated with higher health and safety risks for mothers and infants such as infection.

Another factor is women are having children later in life.  With this risk factor, “It’s not clear whether it’s age, or that older women have more chronic conditions when they enter pregnancy,” he says. “The demographic of childbearing is changing. Women are getting older and they are entering pregnancy with more conditions like obesity, diabetes, and heart disease.”  One avoidable risk factor in maternal mortality is negligence.

If it can be proven that the mother died as a result of negligence and the family sustained damages as a direct result of her death, the remaining family members may be eligible to maintain a wrongful death lawsuit against the hospital,doctors, and staff. In most cases, the deceased mother’s immediate family, such as her spouse or partner and child, may file the claim. In other cases, however, extended family members may be eligible to file a claim if they sustained damages caused by the death.

When filing a wrongful death claim against a doctor or the hospital where the death occurred, there are certain types of compensation that the family members of the deceased person may seek. These include any medical expenses, the cost of an unexpected funeral and income that was lost. Additionally, the family may seek compensation for their pain and suffering and for their loss of companionship.

If the mother dies unexpectedly during childbirth, it may be difficult for the woman’s family to think about anything but their loss. However, if there is any indication that negligence was involved in the death, it is imperative that the family commence a wrongful death action as soon as possible due to the statute of limitations. Statute of limitation refers to the number of years you have after an injury to file a claim. A personal injury lawyer Naperville IL trusts may assist the remaining family with determining whether or not the family has a claim and provide evidence that their loved one’s death was caused by negligence.

The Law Offices of Konrad Sherinian Thanks to our friends and contributors from The Law Offices of Konrad Sherinian for their insight into birth injury cases.

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