How a wrongful death claim can help after maternal loss
Having a child is supposed to be a moment of joy, but it’s also risky for both the mother and the baby. Unfortunately, it’s far too common for that moment to turn into tragedy. If your spouse or partner died while giving birth, you’re likely beyond angry, sad, and overwhelmed. It’s normal and understandable if you aren’t sure what to do next. But you do have legal rights, and knowing what they are can help you move forward.
The Lancione Law Firm has substantial experience representing families who have lost a mother during childbirth due to medical negligence. We can explain your rights and fight for the compensation you deserve while you focus on grieving and rebuilding your life.
Understanding wrongful death claims after a maternal death
A wrongful death claim is a civil lawsuit brought on behalf of someone who has died due to negligence, including medical negligence. If your partner’s death was caused by negligence during prenatal care or during labor and delivery, then there may be a viable wrongful death case.
Every state has its own rules regarding who can bring a wrongful death claim. In Ohio, only the personal representative (executor) of the deceased person’s estate can file the claim. If an estate hasn’t been opened yet, then one must be opened to move the case forward. If your spouse or partner had a will, then the person named in the will is normally named as the personal representative. If your spouse didn’t have a will, or if the person named in the will is unable or unwilling to serve, then the court will appoint a personal representative.
While wrongful death claims are brought by the estate, they are brought to benefit the surviving close relatives of the person who died. If you were married, then you are eligible to be awarded damages as the surviving spouse. If you were not married, you may not be eligible yourself, but a claim can still be brought on behalf of the baby and any other children, as well as surviving parents and any other close relatives of the deceased.
There is also a time limit associated with a wrongful death claim. In Ohio, this is typically two years from the date of death, although it may vary in certain circumstances. Regardless, it’s important to get legal advice as soon as possible.
How we fight for accountability for maternal deaths
To win a wrongful death lawsuit, we need to prove that medical negligence was the cause of your spouse or partner’s death. That often means reviewing hundreds or even thousands of pages of medical records.
It also may mean taking depositions of your partner’s OB/GYN, others who were present during labor and delivery (such as residents, nurses, and so on), and anyone else with information about what happened and why.
We also need to retain medical experts to explain the applicable standard of care and offer an opinion as to why the doctor or hospital caring for your spouse failed to meet that standard—and the hospital will hire their own experts who we need to counter.
Contact The Lancione Law Firm Today
The Lancione Law Firm has extensive experience and a proven track record of results in maternal death cases, including a $3 million recovery for the family of a woman who died because an obstetrician and nurse failed to recognize severe preeclampsia.
If you lost your spouse or partner in childbirth, we’d be honored to listen to your story and explain your options. Schedule your free, confidential consultation today.