Maternal Death Lawyer in New York City

Holding Negligent Medical Providers Accountable: NYC Maternal Death Lawyers

When a mother dies during childbirth, it’s a crippling tragedy that shatters what should be a joyous celebration. Sadly, medical negligence can sometimes contribute to these heartbreaking losses, further devastating families when they find out that the death could have been prevented. 

If your loved one died during childbirth due to negligence or preventable errors, holding the medical providers accountable is crucial. At the Jacob D. Fuchsberg Law Firm, our NYC maternal death attorneys are committed to seeking justice and helping prevent any future tragedies. With a long history of success in medical negligence lawsuits, we understand the complex medical and legal issues involved in these cases and will stand up for your rights. 

Of course, no amount of compensation can replace your loss. However, it can relieve various financial burdens and help you find closure in the wake of a tragedy. We will fight tirelessly to hold those responsible accountable and help you obtain the justice you deserve.

Call our compassionate lawyers today for a free consultation at (212) 869-3500.

Meet Our Attorneys

How Common Is Death During Childbirth?

Maternal mortality during childbirth may not be an overly common phenomenon, but it is a troubling one nonetheless. A 2018 report from the New York State Department of Health (NYSDOH) revealed 41 pregnancy-related deaths, resulting in a rate of 18.2 deaths per 100,000 live births. 

Leading causes of these deaths included embolism and hemorrhage, each accounting for 20% of the total, with 78% of the deaths deemed preventable. Moreover, the 2023 March of Dimes Report Card for New York indicated a maternal mortality rate of 21.7 deaths per 100,000 births, pointing to ongoing challenges in ensuring safe childbirth experiences across the state​​​​.

However, the data is particularly concerning when you look at it through the lens of systemic inequities and healthcare access. Specifically, NYSDOH’s 2018 report found a disproportionate impact on Black women, who were found to be five times more likely to die from pregnancy-related causes than their White counterparts. Additionally, discrimination was identified as a contributing factor in 46% of all pregnancy-related deaths, highlighting the significant role that social determinants and systemic issues play in maternal health outcomes.

What to Expect: Working with Our NYC Maternal Death Attorneys

If you believe medical negligence played a role in the death of a loved one, it’s crucial to reach out to a qualified maternal death lawyer in NYC. 

Here’s what you can expect when working with the experienced attorneys at the Jacob D. Fuchsberg Law Firm:

• Compassionate consultation: We understand the pain you are going through and will carefully listen to your story and concerns with sensitivity and understanding.
• Thorough investigation: Our attorneys will carefully review all medical records, consult with experts, and investigate every detail to determine whether negligence occurred.
• Clear communication: Throughout the process, we will clearly communicate the legal process, be transparent about the status of your case, and answer all of your questions honestly.
• Strong advocacy: If we determine you have a strong case, we will fight tirelessly to obtain justice for your loss — this includes negotiating with the medical providers and their insurance companies or taking your case to trial if necessary.

Our commitment to you is this: While no amount of compensation can erase your pain, we will fight to ensure you receive the maximum recovery possible and help prevent similar tragedies from happening to others.

Common Causes of Death During Childbirth in New York City

Despite advances in medical care, women still face a shockingly high risk of death during childbirth. The U.S. Centers for Disease Control and Prevention (CDC) reports that 700 women die annually as a result of pregnancy or childbirth complications. Tragically, it also notes stark disparities in racial equity: Black, American Indian, and Alaska Native women are three to four times more likely to die from pregnancy-related causes than white women.

Here are some of the most common causes of maternal death, according to the CDC:

• Infection or sepsis (14.3%): Life-threatening bodily response to infections that can arise during pregnancy or childbirth.
• Cardiomyopathy (12.1%): Heart disease that makes it difficult to pump blood, worsened by the strain of pregnancy.
• Hemorrhage (12.1%): Excessive bleeding (usually after childbirth) due to complications with the placenta, uterus, or clotting.
• Thrombotic pulmonary or other embolism (10.5%): Clots that block vital blood flow, often in the lungs — pregnancy increases the risk of clotting. 
• Hypertensive disorders of pregnancy (6.3%): High blood pressure conditions (like preeclampsia) that are dangerous for mother and baby.
• Amniotic fluid embolism (6.1%): A rare but serious reaction to amniotic fluid entering the mother's bloodstream.
• Cerebrovascular accidents (5.8%): Strokes caused by disrupted blood flow to the brain, more likely due to pregnancy-related risk factors.
• Anesthesia complications (0.2%): Rare but severe reactions to anesthesia used during childbirth.
• Other cardiovascular conditions (14.5%): Various heart problems worsened by pregnancy, leading to complications.
• Other noncardiovascular conditions (11.1%): Medical conditions unrelated to the heart, complicating pregnancy or childbirth.

It’s important to note that many of these causes are preventable with appropriate medical attention and care. If you’ve lost a loved one during childbirth, it’s crucial to investigate whether medical negligence played a role in this devastating outcome.

How Medical Negligence Can Lead to Maternal Death in New York City

Many medical professionals are involved during childbirth, including OB-GYNs, nurses, and anesthesiologists. If just one of them makes a mistake or fails to act when necessary, the result can be tragic. While medical professionals are highly trained and must pass several licensing exams to practice, medical mistakes are shockingly the third leading cause of death in the United States.

Examples of medical negligence include but are not limited to:

• Misdiagnoses or failures to diagnose: Misdiagnosing or failing to identify conditions like preeclampsia, infections, or blood clotting disorders.
• Failure to monitor: Not properly monitoring the mother and baby for signs of distress, such as abnormal blood pressure or fetal heart rate changes.
• Medication errors: Administering the wrong medication, giving incorrect dosages, or failing to prescribe necessary medications.
• Surgical errors: Making mistakes during cesarean sections or other childbirth procedures, such as lacerations, hemorrhage, or infections.
• Inadequate postpartum care: Failing to provide proper instructions or follow-up care.

If you suspect that medical negligence played a role in the death of a loved one during childbirth, it’s crucial to seek legal counsel immediately. A dedicated NYC maternal death lawyer can investigate the circumstances surrounding the death, gather evidence, and help you understand your legal options for holding responsible parties accountable.

Don’t Delay: Filing Deadlines for NYC Maternal Death Lawsuits

New York State imposes a strict two-year statute of limitations to file a wrongful death lawsuit against a medical professional. If you file after this date, your claim to recover compensation is forfeited.

While the immediate aftermath of a death is excruciatingly challenging, a knowledgeable maternal mortality attorney can handle these details for you. The caring lawyers at the Jacob D. Fuchsberg Law Firm can protect your family’s rights and take care of all legal obligations while allowing you the time and space to grieve.

Financial Recovery After Maternal Death: What Families Can Seek

In New York City, families who have lost a loved one due to medical negligence during childbirth may be eligible to seek several types of compensation.

The first is economic damages, which cover tangible financial losses such as:

• Medical expenses related to the mother's care.
• Funeral and burial expenses.
• Loss of the mother's income and future earning potential.
• Costs of childcare or household services that the mother would have provided.

Next are non-economic damages, which address the intangible impact of the loss and cover:

• Pain and suffering endured by the deceased loved one.
• Emotional distress and grief experienced by family members.
• Loss of companionship, guidance, and support.

Finally, in rare cases of egregious negligence or misconduct, punitive damages may be awarded to punish the responsible parties and discourage future misconduct.

The type and amount of compensation you may be entitled to will depend on the specific circumstances of your case. A skilled NYC maternal death attorney can assess your situation, determine the full extent of your losses, and fight for the maximum recovery possible.