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Wrongful Death From Mother’s Death During Childbirth

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Contrary to what some may find to make the most sense with today’s advancements in medicine, the death of mothers during childbirth, also known as maternal death, has actually steadily increased over the past few decades. It currently stands at 17.8 deaths out of 100,000 births, according to the Centers for Disease Control and Prevention. This can be a tragic event for many people involved; an infant grows up never knowing their mother, her partner is left alone to grieve for her passing, any other grown children must adjust in order to navigate their life without a mother now, and many more are tragically affected.

These damages can alter the lives of her family dramatically in several aspects. The loss of a mother during childbirth can possibly be traced to someone or something that was done in the process of medical care. If you find that a negligent or intentional act was done that led to the maternal death of a loved one, then you may be able to claim wrongful death and be awarded for your damages. Though this cannot fix the loss that you have experienced, it may assist you in recovering any lost income from this death as well as covering any expenses that came with it.

In a wrongful death claim, you must be able to prove that the defendant acted in a way that was negligent or intentionally damaging to your loved one, causing their death. The facts should show that they were liable for your loss. For a medical professional to act negligently or intentionally harmful to the mother, your attorney will assist you in seeking documents, such as medical records, that are able to show a breach of duty. Negligence can be shown when a medical professional, who has a duty to practice in line with a universal standard of care, breaches that duty and puts the patient at risk. There is a much higher expectation of care associated with the medical field, and even more so with the delivery of a child. If they did not uphold this expectation, then they may be at fault in a wrongful death case.

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