One of the best moments in any family’s life is the day a child is born. Unfortunately, without proper care, this joyful moment can soon become tragic. Should the unthinkable happen and the mother or baby loses their life, it is important that the family understand their rights. While nothing can replace the loss of a loved one, survivors are entitled to some compensation for this tragedy.
Maternal Death During Birth In The United States
Despite being well-developed, the United States has a severely high death rate for mothers during childbirth– and it is consistently rising. Even with advances in science and maternal and neonatal care, the statistics show that maternal deaths have more than tripled since the 1980s. In 1982, there were 7.5 deaths per 100,000 deliveries and according to the CDC, in 2020, there were 23.8 deaths per 100,000 live births. Shocking, right? This rate remains even higher for women of color. This is unacceptable. There is no proof that these women suffer from any prenatal diseases more than white women, but still, they die more frequently while delivering their babies.
Even more despicable, is that the majority of these deaths could be prevented. The data we are presented with as Americans is unreliable and typically does not follow up with the potential cause of death if another event were to have intervened. An example of this, a woman passes away at her home following a cesarean section, the death might not be listed as a complication of the c-section. In addition, some of these deaths can be attributed to malpractice and are never brought to light as there is not a case presented.
Frequent Causes Of Wrongful Maternal Death
When women die during childbirth, their families often choose to bring a lawsuit against the physician or hospital, alleging wrongful death and/or medical mistakes. Wrongful death occurs when a person loses their life as the result of the negligent, reckless, or wanton acts of another person. Medical malpractice is the cause of action that happens when a health professional does not treat their patient according to the standard of care.
Common causes of maternal death during childbirth in the United States mirror the causes seen around the world. These causes include: hemorrhaging (antepartum and postpartum), preeclampsia, heart complications, and various disorders or diseases. Placenta Previa is the most common form of hemorrhaging that leads to maternal deaths in childbirth. This happens when the placenta covers the opening at the mother’s cervix which can cause severe bleeding and often requires a cesarean to ensure both mom and baby are safe. It should be noted that the rate of all these complications occurring is higher for women of color in proportion to the increase of overall maternal deaths, which suggests that the quality of care these women receive is not up to the same standard as white mothers in delivery. In certain situations, all of the problems listed can be attributed to medical negligence should a wrongful death occur.
Contact A Wrongful Death Attorney If You’ve Lost A Loved One During Childbirth
If you or someone you know has suffered a loss of a loved one during childbirth, the attorneys at Michael A. O’Hara PLLC are here to help. With years of experience in wrongful death and personal injury, we will use it to get you the settlement you are entitled to. Nothing can replace the person you lost but you deserve compensation for your grief.
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Contact (859-746-0500) Michael O’Hara, PLLC for a Consultation
About Michael A. O’Hara, PLLC
When you have to deal with the justice system – whether related to a civil or criminal matter – you need more than the truth on your side. You need a skilled attorney who can employ sound legal strategies to produce the results you are hoping for. I am attorney Michael A. O’Hara, and I am licensed to practice in Kentucky and Ohio at the state level, as well as in Federal District Court and the Federal Court of Claims. I have been representing clients in the Northern Kentucky/Greater Cincinnati area since 1994.