There are times when a mother dies during labor or pregnancy. This can be the direct result of malpractice by a medical professional, such as a doctor or nurse. If this happens, surviving family members, such as a spouse, will be faced with difficult circumstances. In addition to grieving the death of a loved one, they must consider if filing a wrongful death lawsuit makes sense.
There are many elements associated with the wrongful death of a mother. In order to file a claim, the following elements must be proven:
- The mother passed away.
- The death was caused by the recklessness or negligence or another party, such as a doctor.
- The plaintiff suffered a financial loss due to the mother's death.
If these elements are associated with the claim, the plaintiff has the right to seek compensation for some or all of the following:
- Pain and suffering
- Medical expenses
- Funeral expenses
- Loss of support and companionship
- Lost wages
While not likely, there are times when courts award punitive damages as well.
Most states have a statute of limitations on making a wrongful death claim. This means you have to file before a particular period of time expires, such as one year.
The wrongful death of a mother can be extremely painful for those who are left behind, including a spouse, infant and other family members. Anybody who is put in this position should fully understand his or her legal rights, while also giving him- or herself time to grieve the passing of a loved one.
Source: FindLaw, "Wrongful Death of the Mother," accessed June 25, 2015