Despite advances in medical care before, during, and after childbirth, maternal death remains far too common in the United States. If you lost your spouse, partner, or another loved one to a maternal death, you may feel overwhelmed and unsure what to do next. That’s more than understandable. Knowing your legal rights can give you some clarity on how to move forward.
The Lancione Law Firm is honored to stand up for families throughout Ohio who have lost a mother during childbirth due to medical negligence. We have the experience and resources to get to the bottom of what happened and determine who may be held legally responsible in a wrongful death claim.
Causes of maternal death
According to the Centers for Disease Control and Prevention, a maternal death is the death of a woman while pregnant or within 42 days of the end of the pregnancy, excluding accidental or incidental causes. The World Health Organization notes that most maternal deaths can be attributed to one of the following five complications:
- Severe bleeding, typically after childbirth (postpartum hemorrhage)
- Infections, usually after childbirth
- High blood pressure during pregnancy (pre-eclampsia and eclampsia)
- Complications from delivery
- Unsafe abortion
Medical professionals who can be held responsible for maternal death
- Prenatal care providers: During pregnancy, women generally see an obstetrician-gynecologist (OB-GYN), a certified nurse-midwife (CNM), a family medicine doctor, or a nurse practitioner. A prenatal care provider may be held responsible for failing to recognize warning signs of a potentially fatal complication or for failing to properly manage the pregnancy to minimize risk.
- Hospital OB-GYN: During labor and delivery, the attending OB-GYN at the hospital is usually the primary physician responsible for the mother’s care. An OB-GYN who misses a warning sign of a potentially dangerous complication or is negligent in their management of the delivery – for example, by failing to order a C-section (cesarean section) when medically indicated – may be held legally responsible.
- Anesthesiologist: During a C-section, an anesthesiologist is responsible not only for administering anesthesia to the mother but also for monitoring her vital signs and managing potentially dangerous complications such as drops in blood pressure. They may be held legally responsible for failing to appropriately manage the patient during surgery.
- Gynecologic oncologists: GYN oncologists are sometimes called upon to help with particularly complex C-section deliveries because of their extensive surgical training. Like any surgeon, they can be held responsible if a surgical error leads to death.
- Hospitals and birthing centers: In addition to the individual doctors, the hospital can be held legally responsible for maternal deaths caused by the negligence of a hospital employee, or if the hospital’s policies, staffing decisions, or procedures contributed to the death.
- Postnatal care providers: Not every maternal death happens during labor and delivery. After delivery, the mother may have follow-up care with her OB-GYN or regular primary care provider. Either way, failure to catch or appropriately manage fatal complications such as blood clots can be deadly.
How an attorney can help after a maternal death
If you’ve lost your spouse or partner to maternal death, you deserve answers. An experienced medical malpractice and birth injury attorney can get to the bottom of what happened. We carefully review medical records and consult qualified experts to determine what went wrong and why.
Our firm has the experience and resources to build strong cases on behalf of families. We have a strong track record of results in maternal death cases, including a $3 million recovery for the family of a woman who died because her obstetrician and nurse failed to recognize severe pre-eclampsia.
We understand that pursuing legal action is likely the furthest thing from your mind right now, but it’s important to understand your rights and options. Give us a call or contact us online for a free, confidential consultation with The Lancione Law Firm.