Maternal Death

The birth of a new baby is one of the most monumental events in any family’s timeline. Sadly, that joyful moment can turn into tragedy when a mother dies during labor or after delivering her baby.NY maternal death attorney

While some maternal deaths may result from circumstances outside the doctor’s control, in some cases they are the direct result of botched deliveries, operations or accidents that could have been avoided.

The death of a mother during childbirth is unspeakably devastating for a family. If you or your loved one have suffered from a wrongful death of a mother that occurred during childbirth, you are not alone. We can help you.

As experts in cases of wrongful death, we work tirelessly to bring justice for families who have lost a loved one due to wrongful death during labor or after delivery. If your loved one was the victim of a wrongful death during delivery or during the postpartum period, you may be entitled to financial compensation from the healthcare provider responsible for your loss.

For those seeking to understand what resources are available to you, we have provided this article to provide information about your rights and to share what others have experienced. To speak to a wrongful death attorney about your situation, call The Oshman Firm now at (800) 400-8182.

Unexpected Death of Mother in Labor

The US is one of the few countries where mortality rates during childbirth has increased despite advancements in technology and medicine. A recent study shows that despite spending more money per capita for maternity care than any other nation in the world, the United States currently has a higher ratio of maternal deaths than at least 40 other countries.

Even though it has some of the best hospitals in the country, New York in particular has recently come under criticism for a string of injuries stemming from hospital care. In September 2016, a young New York mother gave birth prematurely at home and was transported to a hospital where she died 12 hours later due to internal bleeding after hospital-administered surgeries.
The growing number of maternal deaths have 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 getting some of your family’s life back, at least in a practical sense.

Key elements in a wrongful death claim after a maternal death:new york medical negligence

  1. Proving that the mother died as a result of someone else’s negligence, recklessness, or intentional misconduct.
  2. Showing that you and your family have suffered financial losses as a result of the death.

If your loved one’s death during labor or delivery was caused by negligence or an error in treatment from a doctor, you deserve to receive financial compensation for the harm done to your family.

When a mother dies, it has lasting repercussions on a family, no matter how much time goes by. Young children suffer from the loss of care, not only in an emotional sense but also in a practical way, as there is one less parent to participate in raising them. A bereaved spouse suffers not only from the loss of a beloved partner, but also from an increase of daily responsibilities that include providing for a family on one income.

You don’t have to go through this alone. By working with an experienced wrongful death attorney, you can focus on your family’s needs during this difficult time while resting assured that a capable attorney is fighting for your rights.

Common Threats

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 physician who misdiagnoses an expecting mother, botches a surgery or makes critical errors during labor or delivery. In other cases, maternal death may result from a defective medical device or a toxic medication; in these situations, the company that manufactured the drug or device may also be held responsible for the maternal death.during labor and delivery

Common maternal threats during childbirth are:

  • Placenta Previa
  • Placental Abruption
  • Uterine rupture
  • Complications caused by polyps or cervical cancer
  • Failure to address preexisting risk factors such as preeclampsia or blood clotting issues

Every year, hundreds of women pass away while giving birth to a child, and sadly many of these happen in the state of New York. In some cases, questions about the death may be unanswered and there may not be closure to the tragic event.

If you suspect that your wife, daughter or relative has been the victim of a wrongful death during labor or delivery, it is important to seek legal help as soon as possible. The state of New York has a two-year statute of limitations for filing a wrongful death claim. While this may seem like a long time, it is important to set the process in motion right away so that you do not lose the opportunity to seek justice for the death of your loved one.

Wrongful Death During Labor and Delivery

A maternal death has a shattering effect on everyone in the family. It is common for those closest to the deceased mother to feel a sense of guilt, as if they could have done something to prevent it from happening.

When this tragedy has become part of your story, seeking financial compensation from the responsible party may be the last thing on your mind. Especially for spouses, the idea of filing a wrongful death claim feels overwhelming. You may feel that you don’t have the emotional or mental energy to work through the legal process, or it may even feel inappropriate, as if you are putting a price on your loved one’s death.

It’s important for families in this situation to understand that filing a wrongful death claim isn’t about financial gain, or even about seeking revenge on the person or organization responsible for your loss. Rather, it is about achieving closure by holding the responsible party accountable for their actions. In cases involving a healthcare provider or hospital, suing for financial damages is the most effective way to do this. A financial award is an organization’s way of acknowledging that what they did was wrong, and it goes a long way toward ensuring that the organization takes steps to make sure it never happens again.
Families who have suffered from maternal death may receive compensation for the following:

  • Medical expenses
  • Funeral expenses
  • General pain and suffering
  • Lost wages
  • Loss of companionship and support
  • Punitive damages

In addition, the financial damages that you receive can be crucial to helping your family recover from this tragedy. Damages may cover such things as funeral expenses, therapy, childcare, and medical bills that may linger after your loved one’s death.

After a loss like this, it will take time for your family to heal. Our team of New York lawyers are ready to fight on your behalf for the justice you deserve, so that you can focus on grieving and being present with your family during this difficult time. To get the support you need, call The Oshman Firm at 800-400-8182 today for a free, confidential assessment of your case.

Ted Oshman


Ted Oshman has been with The Oshman Firm since 1988 serving clients for over 25 years. Learn more about Ted's background and featured practice areas here.

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