Maternal Death Lawyer: Seeking Justice for Families Nationwide

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. However, each year, an estimated 700-900 women in the U.S. die from pregnancy-related complications. Moreover, more than 50,000 women are severely injured. These disturbing statistics are the reason many families find themselves seeking the counsel of a maternal death lawyer.

Understanding the Risks Women Face During Pregnancy and Labor

With the blossoming of a new life, pregnancy brings a unique set of health challenges and risks. During labor and delivery, complications can emerge without warning, sometimes escalating to life-threatening situations. Recognizing these risks empowers expecting mothers to seek the care they deserve.

Maternal Death: A Statistical Reality

While advancements in healthcare have improved the safety of childbirth, the numbers reveal a different story. Statistics demonstrate that maternal mortality is not just a remote possibility. With a clearer understanding of these figures, the gravity of the issue becomes more apparent.

In 2021, the United States experienced a maternal mortality rate of 33 deaths per 100,000 births, surpassing the previous year’s figures and marking the highest rate since 1965. This rate is comparable to that of Moldova, the poorest European country, and slightly worse than the rates in Russia or Iran.

A 2018 expose by USA Today revealed that “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 examined over 500,000 pages of internal hospital quality records and the cases of more than 150 women injured during childbirth, highlighting serious systemic issues.

The Role of Thorough Prenatal Care

Quality prenatal care acts as a guardian for both mother and child throughout the progression of pregnancy. Proper screening, monitoring, and health strategies during pregnancy can curtail the risks of gestation and childbirth, safeguarding the well-being of both.

What is Maternal Mortality and Hemorrhage?

Postpartum hemorrhage is one of the leading causes of pregnancy related death, and while it may not be entirely preventable, it is at least moderately predictable in 99% of cases. Risk assessments, recently adopted by some hospitals, categorize mothers as high, moderate, or low risk by conducting a physical examination and reviewing medical history for risk factors.

Risk factors include previous pregnancies, c-sections, twins or multiples, maternal age and health, excessive amniotic fluid, uterine surgeries, and other medical conditions. This assessment can accurately predict those at risk for postpartum hemorrhage 60%-85% of the time. Doctors and hospitals have a responsibility to be prepared for these risks and to follow protocols, especially for high-risk patients.

Legal Issues Surrounding Maternal Death

Patient Rights and the Duty of Healthcare Providers

Every patient anticipates a standard of care that adheres to established medical guidelines. Healthcare providers are mandated to respect patient rights, which include informed consent, the right to privacy, and receiving competent healthcare. In instances where these rights are not upheld, and maternal death occurs, the grounds for legal action against the parties involved are well-founded.

Medical Negligence and Its Role in Maternal Death

Medical negligence emerges when care providers fail to execute their duties to the necessary standard, resulting in harm. A maternal death case progresses from medical error to negligence when the failure to provide appropriate care directly leads to the death of a mother during childbirth. Documentation of such negligence is a critical component of legal proceedings.

Understanding Wrongful Death Claims in the Context of Childbirth

A wrongful death claim materializes when a fatality owes to a direct result of another’s action or inaction. Within the context of childbirth, these claims are often substantiated by evidence that the healthcare providers’ mismanagement led to the fatal outcome.

Do I Have a Maternal Death or Hemorrhage Case?

If you or a loved one suffered severe injuries or death during pregnancy, delivery, or after delivery due to doctor or hospital negligence, you may have a case for your injuries or wrongful death. Situations that may indicate a case include:

• Failure to perform a risk assessment for postpartum hemorrhage, hypertension, or other conditions.
• Inadequate preparation for possible hemorrhage or complications based on risk assessment.
• Improper monitoring during pregnancy for hypertension-related conditions.
• Failure to monitor the mother after delivery.
• Severe injuries due to blood loss or related complications.
• Severe injuries, including stroke, due to hypertension and related conditions.
• Death due to blood loss, high blood pressure, infection, or other pregnancy-related complications.

What Should You Expect From a Maternal Medical Malpractice Case?

A maternal hemorrhage claim is a severe injury claim against the providers who allowed the injury to occur, while a maternal death claim is a wrongful death action requiring proof that negligence caused the fatality. Filing a wrongful death lawsuit can provide financial security and closure, ensuring those responsible are held accountable.

Understanding Your Legal Entitlements and Options

When faced with the tragedy of a maternal death during childbirth, families may not be immediately aware that they have certain entitlements and options at their disposal. Among these, seeking compensation and damages stands as a critical step to address the financial and emotional impact of their loss.

Compensation and Damages: What Families Can Expect

Every case involving maternal death is unique, yet there are common forms of compensation available to families. These may include costs for medical care leading up to the death, funeral and burial expenses, loss of the mother’s expected income, and compensation for noneconomic damages such as pain and suffering or loss of companionship. Determining the value of these claims requires careful consideration of various factors by legal professionals.

Tailored Legal Representation for Bereaved Families

Understanding that each family’s situation and needs are different, legal representation must be personalized. An attorney specializing in maternal death cases will work to understand the specifics of your situation, offering guidance tailored to your circumstances and legal objectives. They know that no two cases are the same and that the approach should reflect that diversity.

The Importance of Having an Experienced Maternal Death Lawyer

Guidance from an experienced maternal death lawyer serves as a beacon through the distress of legal proceedings. These attorneys bring to bear their deep knowledge of the law, but beyond that, their experience with similar cases provides insight into effective strategies that can be critical for achieving a satisfactory outcome.

How a Lawyer Can Help Navigate the Complexities of Your Claim

Your claim might traverse complex medical and legal territories. Lawyers in this niche take on the burden of onerous paperwork, negotiate with insurance companies, and, when necessary, represent your interests in court. Their role is to streamline the process, making it more comprehensible and less overwhelming for you as you focus on your family.

• Are you familiar with the statute of limitations for filing your claim? Legal professionals will ensure adherence to these critical deadlines.
• Did you know that expert witnesses can profoundly influence the outcome of your case? Your lawyer can secure the testimonies of medical professionals to substantiate your claim.

When a Mom Dies During Childbirth: Hiring a Maternal Death Attorney

At Van Wey, Metzler & Williams, we have extensive experience handling maternal death cases. We represent families whose loved ones have died due to negligence, ensuring that they receive the justice and compensation they deserve. Our maternal / fetal medical malpractice lawyers will review your case, determine if a wrongful death claim is viable, and guide you through the next steps.

Van Wey, Metzler & Williams: Your Dedicated Advocate in Pursuit of Justice

When facing the unthinkable loss of a loved one due to complications in childbirth, the selection of a lawyer becomes a critical step towards justice and closure. Our legal team possesses specialized knowledge in the areas of maternal death, medical negligence, and wrongful death claims. This legal acumen ensures comprehensive legal representation tailored to the nuances of each case.

Our Focus on Maternal Death Cases

With a detailed understanding of healthcare regulations, clinical procedures, and the medical context of maternal mortality, we navigate the complexities of each case with precision. Our background in this niche area equips us to challenge formidable opponents, such as hospitals or insurance companies, thereby enhancing the chances of securing rightful compensation.

Empathetic Support Throughout Your Legal Journey

We believe that empathy is as vital as legal expertise. Representation from our firm means engaging with professionals who not only fight rigorously on your behalf but also understand the emotional weight of a maternal death case. Our approach involves listening to the stories of mothers and families, acknowledging their grief, and shaping our legal tactics around their unique needs and objectives.

A History of Success in Maternal Death Cases

• We have a proven record of success, illustrating our ability to navigate the judicial system and win cases for our clients.
• Through our dedication, multiple families have obtained justice and the necessary financial support to navigate the aftermath of their loss.
• Testimonials from former clients reflect our commitment to not only prevailing in court but also impacting lives positively.

Customized Legal Strategies for Maximized Outcomes

Each family’s situation demands a unique legal strategy. We take the time to understand the intricacies of your case, designing a personalized plan of action that aligns with your specific circumstances and wishes. Our firm thrives on open communication, detailed preparation, and relentless advocacy to ensure that your voice is heard in the pursuit of justice.

Contact our experienced maternal death lawyer today for a free consultation and let us help you seek justice for your loved one’s death.