For most Ohio women, childbirth is a natural process in which everything goes as planned. However, sometimes complications occur to the baby or even the mother, resulting in serious injuries or even death. If the mother dies during childbirth, can the family sue for wrongful death? In some cases, yes, if all the requirements are met.
In order to file a wrongful death lawsuit, the mother must have died. If she was injured by a doctor's negligence, then a medical malpractice claim may be viable. The mother's death must have been caused by misconduct on behalf of the medical staff. Although doctors have a duty to provide an acceptable standard of care, sometimes mistakes happens. Doctors are not infallible but any error that they make can result in death to their patients. Even if the death was accidental, the doctor or hospital can still be held liable for wrongful death.
The third and final element is financial loss. The family must prove that the loss of their loved one led to financial hardship. Without a mother available to work, the household may face a significant loss of income. In addition, the family may face unexpected child care expenses so that someone can watch the children while the father works.
It is important to understand the elements of a wrongful death suit and how they may apply to medical malpractice. While the above information is solely for general purposes, a consultation with a personal injury lawyer can address any questions or concerns you may have.
Source: FindLaw, "Wrongful Death of the Mother," accessed Aug. 23, 2014
Source: FindLaw, "Wrongful Death of the Mother," accessed Aug. 23, 2014
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