Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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What happens when a birth injury leads to a mother’s death?

When a woman gets pregnant, she likely spends a lot of time envisioning the birth of her child. She likely has an idea of how she wants the labor and delivery to go. She probably hasn’t ever considered that some women die during labor or delivery. Sadly, that is what happens in some cases. The baby’s father and other family members are then left to pick up the pieces and raise a baby without the mother around. For those families, compensation for the mother’s death might bring them some comfort even though it won’t fill the void of a child growing up motherless.

A family who opts to bring a wrongful death lawsuit against medical professionals when a mother dies while giving birth or shortly after will have to show that medical negligence, misconduct or recklessness led to the death. Scrutinizing medical records, including those from the labor and delivery, is usually necessary to prove this point.

In addition to that requirement, the family must also prove that they have suffered financial losses because of the mother’s death. The financial loss can be from medical bills, lost wages or funeral expenses. Pain and suffering and loss of companionship might also be grounds for compensation.

While no financial compensation will bring the deceased mother back, compensation that is awarded can help to take some of the burden off the baby’s father. It might help him to be able to find the best care possible for the baby while he is at work. It might help him to be able to give the baby the best life possible. Knowing how to file the wrongful death lawsuit in Kentucky and learning about the process that will follow might help you to decide how you wish to proceed.

Source: FindLaw, “Wrongful Death of the Mother” Nov. 18, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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