When is Maternal Death Considered Medical Malpractice?

Every year, the majority of women in the U.S. navigate childbirth safely, yet it is estimated that between 700 and 900 women die annually from pregnancy-related complications, with over 50,000 more suffering severe injuries. Even as healthcare advancements promise safer childbirths, the U.S. maternal mortality rate was about 33 deaths per 100,000 births in 2021, the highest rate recorded since 1965 and comparable to nations with far fewer healthcare resources.

Many deaths could potentially be prevented by adhering to standard safety protocols, which are often neglected. The Law Firm of Chaile Allen will help you determine if a maternal death may constitute medical malpractice and what legal options may be available to you.

Overview of Maternal Death in the U.S. 

During labor and delivery, unexpected complications can arise, escalating rapidly to become life-threatening. Awareness of these risks is essential so that expecting mothers and their family can advocate for the proper standard of medical care.

A 2018 investigation by USA Today, which scrutinized over 500,000 pages of internal hospital records and numerous cases of childbirth injuries, exposed critical systemic failures. It pointed out that many of these tragic outcomes could have been prevented if established safety protocols were consistently followed.

If a medical provider, such as a physician, OBGYN, or midwife, did not adhere to the standard of care during childbirth and delivery, you may hold one or more parties responsible for medical malpractice and wrongful death. 

When Is Maternal Death Considered Medical Malpractice?

Postpartum hemorrhage is a foremost cause of maternal mortality, yet in 99% of cases, it can be anticipated to some extent. Recent protocols adopted by several hospitals involve assessing mothers’ risk levels as high, moderate, or low through physical exams and reviewing their medical history for risk factors.

Risk factors for postpartum hemorrhage include prior pregnancies, cesarean sections, multiple births, maternal age and health, excessive amniotic fluid, previous uterine surgeries, and other health conditions. These assessments are successful in predicting hemorrhage risk in 60%-85% of cases. It is essential for medical professionals and hospitals to prepare for and manage these risks by adhering to proper protocols, especially for patients identified as high-risk.

Patient Rights and Healthcare Provider Duties 

Patients expect to receive care that meets established medical standards. Healthcare providers are obligated to uphold patient rights, including informed consent, privacy, and competent care. Violations of these rights that result in maternal death establish solid grounds for legal action.

Medical negligence occurs when healthcare fails to meet the required standards of care, leading to harm. A maternal death lawsuit can proceed when negligent care directly causes a mother’s death during childbirth. Attorney Chaile Allen will investigate the incident and obtain proper documentation of negligence, which can help build a strong case against a hospital or medical provider.

Understanding Wrongful Death Claims During Childbirth 

If you or someone close to you has suffered severe injuries or death during or after childbirth due to medical negligence, you might have grounds for a lawsuit. Potential indicators of a valid case include the following:

• Failure to assess risks like postpartum hemorrhage or hypertension
• Lack of preparation for potential complications identified in the risk assessment
• Inadequate monitoring for hypertension-related conditions during pregnancy
• Neglect in post-delivery monitoring
• Injuries or death from blood loss or hypertension-related complications

Pursuing a wrongful death lawsuit can offer financial relief and a sense of justice, holding the responsible parties accountable.

Take Legal Action for Maternal Death or Hemorrhage Injuries

At The Law Firm of Chaile Allen, we understand the devastating impact maternal injuries or death can have on families. With over 15 years of legal experience, Chaile Allen is committed to seeking justice for those affected by medical negligence during childbirth. Chaile Allen’s extensive local knowledge and litigation skills make her the right choice for those facing such traumatic situations. Chaile provides personalized, compassionate legal representation, ensuring you and your family receive the support and advocacy needed during this challenging time.

If you believe negligent medical care resulted in the injury or loss of a loved one during childbirth, Chaile Allen may be able to help. Contact us for a free consultation at (325) 670-9282 or use our contact form to discuss your case and explore your legal options.