What is a Wrongful Death of the Mother Claim?

Indianapolis, IN Attorney Assists in Wrongful Death Claims

When a patient die because of a physician’s misconduct or negligence, the loved ones can file a wrongful death lawsuit on behalf of the patient. They may be able to seek damages, and potentially cover the costs of the loss.

Sometimes, malpractice claims can cause the death of a mother. Whether it is due to negligent practices during the pregnancy or an error made during birth, these cases are extremely devastating. In these cases, the mother’s surviving family members – including the infant – can file a wrongful death of the mother claim against the physician, clinic, or medical care professionals responsible.

These claims may at first look like a regular wrongful death case, but they are different. There are special considerations that must be made with this type of case, and certain factors must be considered before the claim can be presented to the courts.

Who Can Be Sued in a Wrongful Death of the Mother Claim?

In these types of claims, it is likely that the medical professionals overseeing the mother’s medical care will be held responsible for her death. For example, a physician who prescribes a fatal medication to the mother may be responsible. A surgeon who makes an error during a Cesarean section may be liable if the mother were to die during surgery.

Sometimes, the hospital is held responsible through vicarious liability, especially if the physician who committed the error was an employee of the hospital or clinic.

One overlooked area in these types of claims is the fact that medical devices may be responsible for the death of the mother, as well. Consider, for example, that a medical device that is supposed to monitor the mother failed and caused her death. In this case, the manufacturer of that medical device may be held at-fault.

Proving the Claim

Some of the elements in this type of claim are like that of a regular wrongful death claim. The surviving family members must demonstrate that the physician was at-fault for the loss of the loved one. Also, as the plaintiffs, they must prove that:

  • The mother died due to negligence;
  • The death occurred because of negligent acts, intentional acts, or reckless behavior; and
  • The plaintiff suffered injury because of the mother’s death.

Damages could include funeral and burial costs, loss of companionship, and even loss of income.

Statute of Limitations Apply – Speak to a Wrongful Death Attorney Immediately

If you have lost a loved one during childbirth or due to a preventable pregnancy-related complication, you could be entitled to compensation under the law. To explore your options, speak with a wrongful death attorney at Jacobs Law, LLC today. You can schedule a consultation by calling our offices directly or by filling out our online contact form with your questions.