When a woman goes into labor, she is looking forward to meeting her new baby. Sadly, there are some women who don’t get to experience the joy of seeing their new babies. Women who die during childbirth leave behind children who will never know their mothers.
Can the family take action regarding the mother’s death?
In some cases, it is possible for the family members to take legal action. This would be the case if the woman died during labor or delivery because of medical malpractice or negligence. It is crucial that the family members who are left behind to try to learn exactly what happened to the mother. That information can be very important in a claim for compensation.
What elements are necessary for a wrongful death claim of this sort?
There are three elements that must be present in order for a wrongful death claim to be filed. The mother must have died. The death must have been caused by the misconduct, negligence or recklessness of someone. The complainant in the case must have suffered from financial losses because the mother died.
Who would be named as the defendant?
The circumstances of the death would determine who could be named as a defendant. The medical professionals and the hospital are usually possibilities. In some cases, a device manufacturer or pharmaceutical company could be named if the woman died because of issues with a medical device or medication. Exploring all of the possible defendants can help to ensure that anyone who might be held liable is named in the case.
Source: FindLaw, “Wrongful Death of the Mother,” accessed May 26, 2016