Spreading Awareness on Childbirth Deaths Due to Medical Malpractice
Childbirth is an amazing experience for everyone involved, and for most, it ends up being the most rewarding day of a new mother's life.
There is nothing quite like bringing a new life into this world and knowing that that life is yours to love, cherish, shape and mold in the forthcoming decades.
Unfortunately, what should be the momentarily joyous occasion of childbirth occasionally turns into a tragedy. Every year, there are cases where either the mother or the baby experiences injury or death during the delivery process.
For example, a family in suburban Chicago recently was awarded a $12 million settlement when the court determined that a doctor's negligence was responsible for a newborn baby, who is now nine years old, suffering permanent brain damage during childbirth.
Sometimes the results of a botched childbirth are even more dire, such as the mother losing her life during the process.
If negligence or misconduct by a doctor or medical professional is partly or fully responsible for a mother dying during childbirth, the mother's loved ones have grounds for a wrongful death lawsuit.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a suit filed in civil court claiming that another's actions were responsible for someone's untimely death.
There are several elements which must be in place for a successful wrongful death lawsuit over a mother's death during childbirth.
One is that there must be a preponderance of evidence that the death was caused by another's misconduct, recklessness, culpable negligence or criminal behavior. A preponderance of evidence means there is more evidence to support this hypothesis than there is to refute it.
The plaintiff also must prove that he suffered financial loss or hardship as a direct result of the death.
How much compensation can a plaintiff be awarded in a successful wrongful death lawsuit?
Family members of a mother who died during childbirth as a result of someone else's wrongdoing are eligible to receive several different types of compensation.
Damages may be awarded to cover medical costs, funeral and burial expenses, pain and suffering, lost wages and loss of companionship.
Additional punitive damages may be awarded if it is determined that criminal behavior contributed to the death.
Is there anything else someone should know if he is considering filing a wrongful death lawsuit over a death during childbirth?
The most important thing to remember is that there is not an unlimited amount of time available to file suit.
There is an entire laundry list of items that one has to deal with when a loved one dies unexpectedly. This includes planning and executing the funeral and burial, dealing with insurance companies, executing the will, and attending to friends and family members who wish to pay their last respects.
Not to mention, one needs to find time for a proper grieving process.
Understandably, a lawsuit is one of the last things most people wish to deal with when they are going through such a cataclysmic situation.
However, due to a law called the statute of limitations, it is imperative to file suit sooner rather than later. As soon as it is determined that misconduct on someone else's behalf may have been responsible for the death, the clock starts ticking. This is known as the discovery rule. If you are in this situation, you need to speak to a qualified and experienced attorney who can fight on your behalf.
