The birth of a child is a joyous time to be celebrated. Tragically, sometimes things don’t go as planned, and the mother does not survive the childbirth experience. Unfortunately, NYC medical malpractice is more common than you’d think. After a tragedy occurs, it’s important to reach out to an experienced attorney as soon as possible so the details can be documented and the law firm can gather evidence.
Every year, about 303,000 women worldwide die while giving birth. When a woman dies from anything relating to pregnancy, it’s called a maternal death. Sometimes maternal deaths are not preventable, with doctors doing everything they can to save their patients. Sadly, other women do not survive pregnancy or childbirth due to a mistake made by a doctor or other healthcare professional. Wrongful deaths, either before or after childbirth, should not happen if doctors and other healthcare professionals hold to the accepted standard of care.
If your wife, significant other, or daughter died while giving birth at a New York City medical facility, the Jacob Fuchsberg Law Firm is here for you when the unimaginable occurs. We understand nothing will replace the loss of your loved one, but we can help you receive justice for your loss and help prevent it from happening to someone else. Call our understanding and compassionate medical malpractice attorneys today for a free consultation at 212-869-3500.
In the United States, the U.S. Centers for Disease Control and Prevention (CDC) report 700 women die annually as a result of pregnancy or childbirth complications. Racial and ethnic disparities also exist. Black, American Indian, and Alaska Native women suffered more pregnancy-related deaths between 2007 – 2016 than white, Hispanic, Asian, and Pacific Islander women. These statistics showed racial disparities exist even in states with lower pregnancy and childbirth-related mortality ratios.
Furthermore, Harvard University reports in 1990; there were approximately 17 maternal deaths for every 100,000 pregnant women in the U.S. Over the next 25 years, statistics showed a sobering trend. In 2015, more than 26 deaths per 100,000 pregnant women were recorded. To put it in perspective, Harvard writes, “Compared with their own mothers, American women today are 50% more likely to die in childbirth.” Statistics also show that black women’s risks are three to four times higher than for white women, regardless of education or income.
Even though maternal death rates in the U.S. are relatively low compared to other countries, we are in an age where medical knowledge and technology have far surpassed what was available in the 20th century. Yet, women still die every year to the following pregnancy, childbirth, and postpartum complications:
In addition to these pregnancy complications, about 10% of mothers die from other direct causes, including placenta previa, ectopic pregnancy, and uterine rupture. Many of these conditions are diagnosed during pregnancy, but some doctors don’t heed the warning signs. With the tests and tools doctors have, there is no reason why medical providers should miss diagnosing many of the direct causes of maternal death. Indirect causes of maternal death (28%) are caused by conditions that develop or worsen during pregnancy. Many of these conditions are also usually addressed through routine monitoring by a healthcare professional.
It’s hard to believe, but medical mistakes are the third leading cause of death in the United States. In the childbirth environment, many people, OB/GYNs, midwives, nurses, anesthesiologists, and others, are involved with both a mother and her baby’s care. If one of them makes a mistake, a wrong decision, or fails to act, the result can be tragic. Examples of medical negligence include but are not limited to:
Any of these errors, or others, can lead to a disastrous outcome for a mother and her family. In some cases, a birth injury, such as brain damage or cerebral palsy, can harm the baby. Both are examples of medical malpractice, and victims should seek legal advice from the birth injury attorneys at the Jacob Fuchsberg Law Firm if they feel their healthcare provider breached the standard of care.
Experiencing the death of a loved one during what should be a happy occasion is devastating. Our law firm understands the pain you’re suffering as you try and process your loss, especially when circumstances suggest the death was preventable. In wrongful death situations, from a legal standpoint in New York State, there is urgency. 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.
You probably aren’t going to be thinking of the future at this time, nor should you be. An experienced and knowledgeable personal injury attorney lawyer can handle these details for you. As you grieve and try to get through each day, the caring attorneys at the Jacob Fuchsberg law office can ensure you and your family’s rights are protected.
If a mother’s life is lost during pregnancy or after childbirth, under New York Law § 5-4.1, her spouse, parents, or children may be entitled to compensation through a wrongful death lawsuit. State law allows a wrongful death suit to be filed against another party for a wrongful act, neglect, or default that led to a mother’s death.
The State of New York allows the representative of a mother’s estate to file on behalf of her surviving beneficiaries, which must be done before the two-year statute of limitations expires. Financial compensation can be pursued by the estate’s representative for:
New York State law does not typically issue monetary damages for pain and suffering. Still, a monetary award may be given for the pain and suffering the mother endured before her death.
Coping with the tragic loss of an important woman in your life is a challenging time, especially when the medical experts you trusted contributed to her death. At the Jacob Fuchsberg Law Firm, we understand and share your grief. For more than three generations, our compassionate and caring attorneys have been doing what they can to ensure NYC families receive financial security and the justice they deserve for the negligent medical care their loved one received. No one should ever have to live through this experience, and our law firm will work hard to ensure the party responsible for your loved one’s death will not harm anyone else.
NYC medical malpractice and wrongful death are more common than one would think. All it takes is a split second of inaction, a careless decision, or a failure to act that can devastate and change the course of a family that was expecting a joyous future. When the unimaginable occurs, the Jacob Fuchsberg Law Firm is here for you and will support you. We offer a free, confidential, compassionate consultation. Let us help you today; call 212-869-3500. Our service area includes Manhattan, Bronx, Brooklyn, Staten Island, Queens, Westchester, Long Island, and the greater New York City area.