Chicago Maternal Death Attorney
Nobody should ever expect that a pregnant mother is at risk of dying in childbirth, yet the World Health Organization reports that, on average, more than 800 women die during or after childbirth due to preventable causes. Maternal deaths can have many different causes, and many of them involve the negligence of a healthcare provider. A Chicago maternal death attorney at our firm can help you to hold that healthcare provider accountable.
Common Causes of Maternal Deaths in Chicago
Pregnant mothers can sustain fatal injuries or harm during childbirth or during labor and delivery when a healthcare provider is negligent. In these devastating circumstances, a healthcare provider’s negligence can take different forms. Under some circumstances, an ob-gyn might fail to diagnose a serious condition that could lead to complications for the mother. In other cases, the physician might properly identify risk factors but might fail to properly monitor the mother or to provide appropriate treatment. According to the World Health Organization (WHO), common causes of maternal deaths include but are not limited to the following:
- Severe bleeding after childbirth;
- Post-childbirth infections;
- Preeclampsia and eclampsia; and
- Delivery complications.
Who Can File a Maternal Death Claim in Chicago?
When a maternal death occurs, the claim will usually be filed under Illinois wrongful death law. The statute allows wrongful death claims to be filed when the “wrongful act, neglect or default” of another party causes someone’s death, including through medical negligence or medical malpractice.
In order for a wrongful death claim to be filed in Illinois following a maternal death, the personal representative of the deceased (i.e., the executor of the estate) must file the lawsuit. However, the personal representative can seek damages on behalf of surviving family members, such as a surviving spouse or surviving children.
Wrongful Death Statute of Limitations and Maternal Birth Fatalities in Chicago
When a maternal death occurs due to an error during pregnancy or childbirth, it is critical to know that wrongful death lawsuits have a two-year statute of limitations under Illinois law. The clock on the wrongful death statute of limitations will start ticking on the date of the patient’s death.
You might be wondering if you need to adhere to the wrongful death statute of limitations or a medical malpractice statute of limitations. Under Illinois law, any type of personal injury that results in the wrongful death of another person, including a maternal death due to medical negligence, typically will be filed as a wrongful death lawsuit since the patient is no longer alive to bring the claim herself.
Contact Our Chicago Maternal Death Lawyers for More Information
If you lost someone you love in a childbirth negligence case, it is essential to discuss the facts of your case with an experienced Chicago maternal death attorney. One of the lawyers at our firm can evaluate your case to determine whether a healthcare provider may be liable for the maternal death that occurred, and we can work with you to seek financial compensation and to hold that healthcare provider accountable through a maternal death claim. Contact Wais, Vogelstein, Forman, Koch & Norman, LLC for more information about medical malpractice and wrongful death lawsuits in Illinois.
