Pregnancy is often regarded as a joyous time for expecting parents as they eagerly anticipate bringing a new life into the world. But for some families, instead of getting to celebrate new life, they are faced with grieving an unimaginable loss of life.
A mother’s death during pregnancy or shortly thereafter can be painfully devastating for the people she leaves behind. It only becomes more devastating with the knowledge that her death was preventable.
Our Birth Injury Lawyers are available to meet you in your home or the hospital.
A woman faces a myriad of risks to her health during pregnancy, during labor and delivery, and even shortly after giving birth. During this time, her life and wellbeing is entrusted into the hands of the doctors and nurses treating her. When these medical professionals make preventable medical errors that violate the established standard of care, it can sometimes be fatal.
The birth injury attorneys at Miller Weisbrod Olesky have decades of experience representing families who lost their loved ones too soon from medical mistakes. For over 30 years, we have built up a proven track record of court victories against parties found liable for medical malpractice. If you believe medical malpractice caused the death of someone you love, you can schedule a free consultation today with a legal professional to discuss the facts of the case.
We know that no amount of money or damages recovered can bring back your loved one. Our aim is to seek justice and hold any responsible hospitals, nurses, and doctors accountable in the hopes that it can, at the very least, give your family some semblance of closure.
What Is Maternal Mortality?
The World Health Organization defines maternal mortality as the death of a woman, either while pregnant or within 42 days after the end of pregnancy, from any cause related to or aggravated by the pregnancy or its management. However, the definition excludes deaths with “accidental or incidental causes,” meaning women who die from medical negligence are NOT included in these tallies.
In addition, cases of suicide for women battling postpartum depression are included in maternal mortality count. This, coupled with a long history of inconsistencies between states in counting, means that the official maternal mortality rate in the U.S. doesn’t always paint an accurate picture of the true data.
The Centers for Disease Control & Prevention (CDC) use a more specific metric called the pregnancy-related mortality ratio (PRMR) to track maternal deaths explicitly related to pregnancy. In 2021, they estimated about 33.2 deaths per 100,000 live births.
Which Causes of Maternal Mortality Count as a ‘Wrongful Death’ Claim?
“Wrongful Death” is a civil action legal claim that is used against a person or group whose actions (or lack of action) caused an individual’s preventable death. Not all cases of maternal mortality count as wrongful death; for a successful claim to be brought forward, the affected party must prove that the responsible party:
a) Had an established responsibility to provide the mother with a set standard of care.
c) Caused the mother’s death with that breach of care, resulting in financial and emotional damages to the surviving parties.
Instances where the mother dies from an unpreventable labor and delivery complication, or women who take their own lives after battling postpartum depression, would not count toward a wrongful death claim.
What Factors Increase a Woman’s Risk for Maternal Mortality?
A woman’s age, ethnicity, medical history, and even her geographic location can all play a role in increasing her likelihood of death during pregnancy:
Medical History: An expecting mother’s medical history can provide valuable insight into the risks she faces when carrying a child. Any history of pregnancy complications or underlying health conditions such as diabetes, high blood pressure, or an infection can all negatively impact her health and increase her risk for death.
Age: As she ages, a woman is more likely to develop underlying health conditions during pregnancy such as heart disease, preeclampsia, and gestational diabetes. These conditions have the potential to complicate her pregnancy and, in extreme cases, can lead to death.
Ethnicity: Extensive research on U.S. maternal mortality rates have revealed a disproportionate number of deaths for pregnant women of color. A 2022 report from the nonprofit health research organization March of Dimes found that pregnant women of Black, Native American, Hispanic, and Asian descents were less likely to receive adequate prenatal care compared to women of Caucasian descent.
“Prior to childbirth, racial and ethnic disparities in maternity care exist. One in four Native American women (24.2%) and 1 in 5 Black women (20.1%) did not receive adequate prenatal care in 2020, compared to only 1 in 10 White women (9.9%). Additionally, Hispanic and Asian and Pacific Islander women were less likely to receive adequate prenatal care when compared to White women (17.3 and 11.3%, respectively). After childbirth, differences in health outcomes for minority women persist.”
Geographic Location: Where an expecting mother lives in the U.S. can sometimes predetermine her access to adequate prenatal care. In their 2022 report on the state of maternity care in the U.S., March of Dimes identified over 1000 “maternity care deserts,” a term used to describe a county without a hospital or birth center that offers obstetric care.
Maternity care deserts are often located in more rural, less affluent counties, affecting expecting mothers with low socio-economic status in lesser developed parts of the nation. Pregnant women who live in these areas typically tend to show up for fewer prenatal checkups because of the distance they must travel to receive care. With fewer checkups during pregnancy, it’s easier for a mother’s underlying health conditions to go undiagnosed. This increases her chances of experiencing a fatal complication.
Other factors that may potentially factor into a woman’s risk for maternal mortality include her lifestyle choices (such as smoking or drinking alcohol) or pregnancy with multiples (twins, triplets, etc.).
What are the Common Causes of Maternal Mortality?
An expecting mother’s health is vulnerable during pregnancy; her body undergoes physiological changes that place stress on her vital organs, exacerbate any of her underlying health conditions, and increase her susceptibility to maternal infections.
Listed below are the most common causes of maternal death:
Excessive Bleeding
Bleeding during pregnancy can be normal in small amounts, especially early in the first trimester. But when it happens later in pregnancy or is heavy enough to require a sanitary pad, it may indicate a larger issue.
The most common cause of hemorrhaging later in pregnancy is either a uterine or a placental complication, including uterine ruptures, placenta previa (when the placenta covers the cervical opening) or a placental abruption. Having preeclampsia (a high blood pressure during the later stages of pregnancy) can sometimes be a risk factor for placental abruptions.
Excessive fetal movement during pregnancy can cause a woman’s uterus to rupture, which can cause fatal internal hemorrhaging. A uterine rupture can also occur from prolonged labor, a previous C-section delivery, or from any disorders or genetic conditions that cause a weakened uterine wall.
In rare cases, a woman’s uterus may fail to contract after childbirth, a condition known as uterine atony. The uterine muscles don’t contract tight enough to restrict the blood vessels, resulting in potentially life-threatening blood loss.
Maternal infections can sometimes be deadly for expecting mothers as they undergo changes to their hormones and immune system. Some of the most severe infections include meningitis, tuberculosis, H1N1 influenza, and parasitic infections like Malaria.
One of the primary concerns with a maternal infection is that the mother’s immune system will overreact to the infection and cause her to go into sepsis. Sepsis is a life-threatening condition where the infection-fighting chemicals in the body trigger an inflammatory response, damaging vital organs and sometimes resulting in death. A 2024 article from the National Institute of Health’s Medline Plus magazine cited infections and sepsis as the second-leading cause of maternal death in the United States.
Other infections, such as group B strep or urinary tract infections, are very common during pregnancy but don’t pose a very high risk for sepsis or mortality.
Obstructed Labor Mismanagement
Obstructed labor is a major cause of maternal death during delivery and can have multiple causes. The most common cause is cephalopelvic disproportion (CPD), which is when the baby’s head is too large to fit through the mother’s pelvis. Another common case is abnormal fetal positioning in the womb, such as when the baby rests in the womb feet first (known as breech position).
If a vaginal delivery is attempted when the baby is in one of these positions, it can lead to a prolonged or arrested labor, uterine rupture, or other traumatic maternal injuries that can result in severe blood loss for the mother. Other conditions, such as a larger-than-average fetus (macrosomia) or twin pregnancy, can cause an obstructed labor.
Healthcare providers must carefully monitor the mother during pregnancy for any birth complications that put her at risk for an obstructed labor. If they suspect it to happen, they must order a C-section delivery to prevent any potential harm a vaginal birth would cause to the mother or her baby.
C-Section Errors
One of the most common C-section errors that leads to maternal death and neonatal death is failing to perform one in time. The procedure is often looked at as a last resort because of the risks associated and severe toll it can have on the mother’s body. However, C-sections can be lifesaving in the event of an unforeseen labor and delivery complication and can sometimes become the mother’s best chance at survival.
If medical professionals fail to meet this standard, it can result in an unsafe labor that may be fatal for both the mother and her child.
Other potentially fatal C-section errors include:
Making accidental cuts to the mother’s bladder or bowels.
Improper wound dressing which can lead to excessive bleeding and infection.
Making anesthesia errors before the procedure.
It is incumbent upon the specialized labor and delivery teams to avoid these errors so that the mother and her child can come out of the surgery safe and healthy.
Lack of Prenatal Care
Prenatal care is extremely important during pregnancy as it gives insight into the mother’s and the baby’s conditions through testing and ultrasounds. Early detection of fetal and maternal health complications can greatly reduce the risk because it gives healthcare providers time to plan and treat the complication effectively.
When a mother doesn’t receive adequate and regular prenatal checkups, her health can be jeopardized in the following ways:
An increased risk for contracting maternal infections due to missed testing/vaccination.
An increased risk for missed fetal complications like umbilical cord problems or a baby in breech position, which can become deadly during labor.
An increased risk for a missed maternal complication due to missed ultrasounds, cervical exams, pelvic exams, pap smears, blood tests, urine tests, and other prenatal tests.
Expecting mothers who live below the poverty line in rural areas are the most at risk for missing prenatal care checkups. For women who match this description, community outreach programs are available through support organizations like the March of Dimes that aim to help connect women with prenatal care resources.
How Can Maternal Death Be Prevented?
The first step to a safe and healthy pregnancy is adequate prenatal care. An expecting mother’s primary healthcare provider will often set a prenatal-checkup schedule with her at the beginning of pregnancy, but the maternal health nonprofit March of Dimes outlines the standard schedule for prenatal care checkups as follows:
Weeks 4 to 28 of pregnancy: One checkup every 4 weeks (once a month).
Weeks 28 to 36 of pregnancy: One checkup every 2 weeks (twice a month).
Weeks 36 to 41 of pregnancy: One checkup every week (once a week).
A mother’s doctor may want to see her more regularly depending on her circumstances.
A large portion of maternal mortality cases can be attributed to mistakes in the delivery room. Healthcare professionals can prevent these cases by practicing proper procedures and treating labor and delivery complications in a safe and timely manner.
What Are the Signs of Medical Malpractice In a Wrongful Death Case?
Some medical mistakes happen during pregnancy when performing prenatal care. Other mistakes can happen in the labor and delivery room or even after the child is born. A mother will sometimes need to stay in the hospital after giving birth to receive treatment for any injuries she may have sustained.
However, in some unfortunate cases, preventable medical errors worsen the mother’s conditions and cause her to pass away prematurely. Some examples of these errors include:
Failure to catch and treat an underlying condition during a woman’s pregnancy, resulting in a fatal complication.
Failure to treat a mother’s wounds following labor, such as excessive bleeding or a uterine rupture.
If medical professionals make an error that violates the standard of care, and it results in a preventable death of the mother, it is considered medical malpractice.
Was the Death of My Loved One Preventable?
Families who have endured the devastating loss of their mother, wife, or cherished loved one deserve to know whether it could have been prevented with better treatment. Our dedicated birth injury lawyers want to help you find those answers.
If a family believes medical negligence contributed to an expecting mother’s death, legal support may be an option. A knowledgeable birth injury attorney can review the medical records and circumstances to assess whether a claim exists. Miller Weisbrod Olesky will thoroughly investigate the facts and hold the responsible medical providers accountable by pursuing medical malpractice claims against them.
Sometimes, families are hesitant to reach out to a medical malpractice attorney or law firm. Parents might feel overwhelmed by their circumstances and worry that a law firm won’t be able to help. But the only way to find out if you have a case is to talk to an attorney who is familiar with how medical errors can cause maternal mortality.
What Compensation is Available Through a Wrongful Death Lawsuit?
The available damages that can be recovered in a maternal wrongful death lawsuit will vary, depending on different state laws and the unique circumstances of a family’s case. Generally, a family can sue for financial losses, including the medical, funeral, and burial expenses that come with the mother’s death. They may also be able to sue for lost wages from the time taken off from work to grieve and prepare funeral proceedings.
In addition, families may be able to recover certain non-economic damages such as mental anguish and emotional distress. Compensation for “loss of companionship” may also be considered in a wrongful death lawsuit for the loss of love, support, and care that the family would have received if the mother were still alive.
What is the Statute of Limitations in a Wrongful Death Lawsuit?
A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident. It is essential to understand that statutes of limitations vary based on the type of case and the state where it is filed. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to personal property, fraud, contract disputes, and collection of debts.
Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule, and in some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.
For example, if the party that injured you was:
A federal employee
Employed by a military hospital, Veterans Administration facility, or a federally funded medical entity
You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, if the negligent party was a local or state government hospital or the doctors and medical providers are employees of a governmental entity, the time period in which you must give "notice" may be shorter.
If your case is filed outside of the statute of limitations, it will typically be dismissed, and you will not be eligible to recover compensation for your injuries. Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for a birth injury, contacting an attorney as soon as possible is in your best interest.
How The Birth Injury Attorneys at Miller Weisbrod Olesky Can Help
It takes a detailed expert review of the facts and circumstances of a mother’s pregnancy and her death to determine whether their untimely passing came as the result of medical malpractice.
Our Process
At Miller Weisbrod Olesky, a team of committed attorneys, nurses and paraprofessionals uses our detailed medical negligence case review process to assess your potential birth injury case. We start by learning more about you and your child and the status of meeting/missing developmental milestones. Then we gather medical records to determine what happened before, during, and after your delivery. We call in skilled medical experts who review your records and let us know if they think medical errors could have caused your child's injuries.
If we feel medical negligence caused or contributed to the death of your loved one, we meet with you to discuss how your family can receive compensation from the medical professionals who made the errors.
At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do. The sooner you reach out to us, the sooner we can begin investigating your case and gathering the evidence needed to support your claim.
We work on a contingency fee basis, meaning you won't pay any legal fees unless we win your case. Contact us today to schedule your free consultation by calling our toll-free line at 888-987-0005 or by filling out our online request form.
