Why Are So Many Moms Dying During Childbirth in the U.S.?

Maternal Death Attorney: Medical Malpractice | Justen

Introduction

This page is dedicated to helping families affected by maternal death understand the causes of this tragic event and how a maternal death attorney can help them seek justice. Maternal death—when a woman dies during pregnancy, childbirth, or shortly after delivery—remains a critical issue in the United States. For families who have lost a loved one due to possible medical errors or negligence, knowing your rights and legal options is essential. This resource is designed to provide clear information about maternal death, its causes, and the legal recourse available to families, emphasizing the importance of experienced legal representation in these cases.

Introduction to Maternal Death

Definition and Statistics

Maternal death, also referred to as maternal mortality, is a heartbreaking event that occurs when a woman dies during pregnancy, childbirth, or within the postpartum period. In the United States, the maternal mortality rate has alarmingly increased over the past few decades, with the Centers for Disease Control and Prevention (CDC) reporting that approximately 700 to 900 women die each year due to pregnancy-related complications. Despite boasting the lowest infant mortality rate in the world, the United States has more medical errors and maternal deaths than any other developed country. According to the CDC, 60% of these deaths can be prevented.

Causes and Risk Factors

Identifying the causes of maternal death is crucial for improving outcomes and reducing maternal mortality rates. The leading causes of maternal death include:

• Hemorrhage (severe bleeding)

• Infection

• Hypertensive disorders (such as preeclampsia)

• Cardiac issues

• Uterine rupture

• Postpartum hemorrhage

A lack of research into understanding the causes of death after childbirth and finding ways of preventing it has contributed to the problem. In countries like the United Kingdom, Canada, France, and Germany, maternal death rates have declined due to thorough investigations and public inquests following such tragedies. By contrast, the rate in the United States has increased.

Legal Recourse for Families

When a maternal death occurs, it is crucial to understand the underlying causes and risk factors. Medical professionals—including doctors, nurses, and other healthcare providers—are responsible for monitoring and addressing the health needs of pregnant women and new mothers. Failure to recognize warning signs or provide timely intervention can lead to fatal consequences such as cardiac arrest or excessive bleeding.

In such cases, families may have grounds to pursue a wrongful death claim or wrongful death lawsuit. A wrongful death lawsuit is a legal action brought by the surviving family members or a personal representative against those responsible for the death, seeking compensation for their loss. In the context of maternal death, this often involves proving that medical malpractice—defined as a healthcare provider’s failure to meet the accepted standard of care, resulting in harm or death—was a contributing factor.

Seeking Legal Representation

Navigating the aftermath of a maternal death is emotionally and financially overwhelming. Families may be entitled to seek justice and financial compensation for medical bills, burial expenses, lost wages, and the emotional pain caused by the loss. A personal representative, often a close family member, must file the wrongful death lawsuit within the statute of limitations—a legally defined time period during which a lawsuit must be filed, which varies by state.

Experienced medical malpractice lawyers—attorneys who specialize in cases where healthcare providers are alleged to have caused harm through negligence—and birth injury attorneys—lawyers who focus on injuries to mothers or infants during childbirth—can offer essential legal support. Their assistance includes:

• Gathering medical records and evidence

• Consulting expert witnesses

• Negotiating with insurance companies

• Filing legal documents and ensuring compliance with deadlines

• Representing families in court to pursue a successful claim

If you have lost a loved one due to medical malpractice or negligence during pregnancy or childbirth, it is vital to seek legal representation from a compassionate and knowledgeable law firm. Many maternal death attorneys offer a free consultation to help you understand your rights and determine the best course of action. While no amount of compensation can replace your loved one, pursuing a wrongful death case can help you seek justice, hold negligent parties accountable, and provide much-needed support during a difficult time.

To illustrate the real-world impact of medical errors in maternal care, consider the following case.

How a Maternal Death Attorney Assists Families

A maternal death attorney is a legal professional who specializes in representing families affected by the loss of a mother due to pregnancy or childbirth-related complications, often as a result of medical malpractice. Here’s how a maternal death attorney can help:

Types of Cases Handled

• Maternal deaths caused by medical errors or negligence during pregnancy, labor, or postpartum care

• Failure to diagnose or treat conditions such as preeclampsia, hemorrhage, or infection

• Inadequate monitoring or delayed response to maternal distress

• Birth injuries resulting in maternal death

The Legal Consultation Process

1. Initial Consultation: The attorney will review the facts of your case, listen to your concerns, and explain your legal options—often at no cost.

2. Case Evaluation: They will assess medical records, consult with medical experts, and determine if there is evidence of medical malpractice.

3. Filing a Claim: If grounds exist, the attorney will file a wrongful death lawsuit on your behalf within the statute of limitations.

4. Investigation and Evidence Gathering: The legal team will collect all relevant documentation, interview witnesses, and build a strong case.

5. Negotiation and Litigation: The attorney will negotiate with insurance companies and, if necessary, represent your family in court to seek fair compensation.

What to Expect When Seeking Legal Help

• Compassionate guidance through a difficult time

• Clear explanations of your rights and the legal process

• Regular updates on the progress of your case

• Advocacy to hold negligent parties accountable and secure financial compensation for your family

Case Study: Maternal Death Due to Medical Error

Case Study: Lauren Bloomstein

A NICU nurse, Lauren Bloomstein, died due to medical error after suffering for 20 hours after giving birth to her baby in the same hospital where she worked.

According to her husband Larry, an orthopedic trauma surgeon, his concerns were shot down repeatedly, even though he knew within an hour and a half of the baby's delivery that something was wrong with Lauren.

Dr. Vaclavik, Lauren's OB-GYN, repeatedly ignored her symptoms, which included increasing blood pressure, severe pain, and vomiting. He claimed they were not a cause for concern and prescribed antacids.

Despite Larry's suspicions that his wife was suffering from Preeclampsia were again brushed aside when tests revealed nothing abnormal. However, her blood pressure continued to rise. A nurse removed the blood pressure cuff as it seemed to cause Lauren discomfort.

As a result, no one took her blood pressure for 8 hours during her ordeal. When she started complaining of a headache, staff finally took her blood pressure, which had reached 197/117. By then, though, it was too late and Lauren soon died of hemorrhagic stroke.

Had the staff been more vigilant and aware of symptoms of atypical postpartum distress, they might have saved Lauren's life.