Pregnancy is exciting and frightening all at the same time. While it is not considered an illness, there are a variety of medical problems that can occur during pregnancy, labor and delivery. How medical staff responds to the problems that arise can dramatically impact the health of both mother and child. Sadly, mistakes are sometimes made, and mothers lose their lives as a result. In these cases, it is reasonable for surviving family members, whether in Connecticut or elsewhere, to question whether medical malpractice claims are appropriate for the circumstances.
There is no doubt about it, the death of a mother can be difficult in a number of ways for her partner or spouse and children. Before a medical malpractice claim can be filed for pregnancy-related maternal death certain elements must exist for such a claim to be successfully litigated. These include:
- Death of the mother
- Negligence or misconduct leading to the death
- Financial losses accumulated in association with the death
If these elements are established in court, a monetary judgement may be awarded to the petitioner or petitioners. Those who would usually file this type of claim are immediate family members; however, extended family members may also be able to file medical malpractice and/or wrongful death claims in certain situations. The damages that may be recovered in this type of case include medical expenses, funeral expenses, lost wages and/or benefits, and loss of consortium.
If negligence is suspected in causing pregnancy-related maternal death, legal actions in an effort to seek compensation may be appropriate. Successfully managed medical malpractice, wrongful death and other legal claims against those deemed responsible — whether that includes medical providers, facilities of treatment, or product manufacturers or suppliers — can result in monetary relief for both economic and non-economic damages. While nothing can replace a life lost, filing legal claims in a Connecticut civil court can bring a sense of closure and, ultimately, provide for the current and future needs of surviving family members.
Source: FindLaw, “Wrongful Death of the Mother“, Accessed on May 24, 2015