The moments during pregnancy and the anticipation of the birth of a child can be highly emotional. It is heartbreaking when the mother dies in a hospital before, during, or after childbirth. You must make sure that the facts surrounding the death are thoroughly evaluated. In this regard, you can seek the help of a Wrongful Death Lawyer in Atlanta.
As a family member of the deceased, it is understandable that you must be struggling to pick up the pieces of their death. Nobody wants to get involved in the complexities of a legal case during such a stressful time. However, it is your right to seek justice for your loved one. A wrongful death claim can provide you the sense of justice you deserve.
Reasons for wrongful death during pregnancy or childbirth
Wrongful death of the mother can happen due to a number of reasons and can occur during pregnancy, delivery, or the period after birth. Here are some common reasons:
- Overlooking the diagnosis or treatment of pulmonary embolism
- Anesthesia errors
- Neglecting to identify or address maternal hemorrhaging
- Failing to recognize or manage preeclampsia or eclampsia
- Surgical errors
- Missing the diagnosis or proper management of HELLP Syndrome
- Not catching birth asphyxia early enough
- Complications from Pelvic Mesh
- Inadequate execution of a timely C-section procedure
What are the elements in a wrongful death claim of a mother during childbirth?
The elements of a wrongful death case are important since they establish the other party’s fault and determine whether you deserve compensation. As the plaintiff, you must show the following elements:
- The mother died.
- Another party’s negligence or misconduct caused the death.
- The plaintiff has suffered damages as a result of the death.
In some states, only the immediate family members are allowed to file a case and claim the compensation money. However, some states allow extended family to bring a wrongful death action as well.
In Atlanta, Georgia, the following family members can sue:
- Surviving spouse
- Surviving children, but only if there is no surviving spouse
- Siblings are only permitted to sue via the estate
- The surviving parents of the mother can sue if there is no surviving spouse
- Grandparents are not allowed to sue
Are medical doctors always at fault?
Deaths at a hospital tend to point fingers toward the medical team of doctors and nurses. However, doctors are not always at fault. At times, the investigation may reveal that a certain medical device used during the delivery was defective, which led to the fatal injuries of the mother.
Wrongful death cases can be complicated. This is why you should not hesitate to hire an attorney.
