Have you lost a family member due to medical negligence resulting in maternal death?
We are currently accepting certain cases where mothers lost their life due to negligence before, during or after giving birth. If you are in need of a Dallas maternal death lawyer, please contact us below for a free consultation.
The U.S. Is The Most Dangerous Place In The Developed World To Give Birth
The vast majority of women in America give birth without incident. But each year, it's estimated that more than 50,000 women are severely injured. It's also estimated that between 700-900 women in the U.S. die from pregnancy-related complications every year.
The CDC Foundation recently found that as many as 60% of maternal deaths could be prevented.
The rate of maternal deaths in the U.S. (26.4 per 100,000 live births as of 2015) is higher than in any other developed country in the entire world. Not only are more American mothers dying than in other developed countries, but we’re one of a few developed countries where the death rate is actually increasing, not decreasing.
According to a 2018 expose published by USA Today, "every year, thousands of women suffer life-altering injuries or die during childbirth because hospitals and medical workers skip safety practices known to head off disaster." The investigation combed over 500,000 pages of internal hospital quality records and examined the cases of over 150 women who were injured during childbirth. These recent findings revealed a “stunning lack of attention to safety recommendations and widespread failure to protect new mothers.”
Maternal Mortality Rates in Texas have Skyrocketed
According to a recent study published in the medical journal Obstetrics and Gynecology, maternal deaths in the U.S. caused by pregnancy-related complications rose by an unbelievable 27% between 2000 and 2014. As of 2015, the Texas maternal mortality rate was the highest in the entire developed world at 35.8 per 100,000 live births. According to Obstetrics and Gynecology, maternal mortality rates in Texas more than doubled between the years of 2010 and 2012.
The growing number of maternal deaths has left many families not only grieving, but also left to seek answers to countless questions. In situations like these, filing a wrongful death claim can be the key to obtaining closure through accountability and helping to prevent further preventable tragedies.
What is Maternal Death?
Maternal death is defined as the death of a woman either during pregnancy or within 42 days of giving birth. Maternal deaths can be caused by a number of reasons, including medical negligence. Even with today’s medical knowledge, technology and techniques, mistakes happen far too often. When a doctor, nurse or a hospital act negligently or carelessly, serious injuries can occur and sometimes even result in death of the mother, the child or both.
A maternal death during labor and delivery may be the result of preexisting pregnancy risk factors. However, some maternal deaths are the result of negligence on the part of a health care provider who misdiagnoses an expecting mother, botches a surgery, makes critical errors during labor or delivery or fails to properly monitor complications following delivery.
Our job is to level the playing field so that when negligence does occur, the healthcare providers are held accountable for their actions so that other families are not forced to endure similar and tragic situations.
What Causes Maternal Death?
Medical negligence resulting in maternal death is typically related to one of the following:
- Hemorrhage or serious bleeding
- Hypertension from untreated preeclampsia
- Post-delivery infection
- Surgical malpractice
- Delayed treatment of intestinal perforation
- Anesthesia/epidural errors
That list is not exhaustive and not every maternal or postpartum death can be attributed to medical malpractice. However, if you suspect that your loved one’s death may have been preventable with proper care and treatment, it’s important to speak with a Dallas maternal death lawyer right away.
What Should You Expect From a Maternal Death Lawsuit?
A maternal death claim is a type of wrongful death civil action that requires the plaintiff to prove the fatality was caused by the negligent party. By filing a wrongful death lawsuit, you (the surviving family members) can receive financial security and closure, moving on with your life knowing that the person or entity responsible for your loved one’s death will be held accountable.
The purpose of a wrongful death claim is to compensate surviving family members and the estate for any losses they experience as a result of a person’s death. Compensation is divided among survivors in proportion to the injury they suffered, either as determined by the court or by mutual family agreement.
The amount of money that a court of law awards someone for injury or loss is called “damages.” There are two types of damages you can recover: Economic and noneconomic. Economic damages include compensation for monetary losses and expenses, such as medical care and lost earnings. Noneconomic damages include compensation for non-monetary losses like lost companionship and pain and suffering.
In Texas, you could receive damages to compensate for…
- Lost earning capacity.
- Lost maintenance, services, advice, support, care, and counsel the deceased may have provided to family members.
- Pain and suffering of the loved one (prior to death).
- Lost love, comfort, and companionship.
- Lost inheritance, including what the deceased would have earned and given to family members had she lived to a reasonable age.
What to Do If Your Loved One Dies from Childbirth
If you think your loved one’s death was the result of negligence by a doctor or hospital, your first step is to contact a wrongful death attorney with maternal death experience. Then begin collecting as much documentation as possible. Documentation will help your attorney investigate your claim and prepare your case.
- The full names of every healthcare provider who was a part of the labor and delivery process.
- The names and contact information of all prenatal physicians and medical facilities
- Keep any prescription medication the mother took before or after delivery
- Details, notes, and media (images and video) of any medical procedures performed on the pregnant mother or child (pre- and post-delivery).
- Any concerns anyone had before, during, or after delivery.
Hiring a Dallas Maternal Death Lawyer
At Van Wey Law, we have years of experience dealing with maternal death cases. We have represented families whose loved ones died due to all types of circumstances. We will review your specific case to determine if a wrongful death claim can be pursued and what steps to take next.
Unfortunately, most families will never get a straight answer from the doctor or hospital after the death of a mother or newborn child. Our job is to level the playing field and advocate on your behalf to find out exactly what led to your loved one’s death, and to seek justice and fight for the compensation you deserve.
Contact an experienced Dallas maternal death lawyer today for a free consultation: