When a mother’s death during childbirth is suspected to be the result of medical negligence, we understand that you want to hold the responsible healthcare provider accountable. In Florida, claims can be made in cases where negligence can be proven, such as failure to monitor vital signs or mismanagement during childbirth.
To establish liability, we must examine the circumstances surrounding your loved one’s care. If you suspect that your doctor was at fault, consulting with a Florida medical malpractice lawyer at Anidjar & Levine can help determine the best course of action in pursuing justice for your loved one. Read on to learn more about suing for maternal death in Florida if the doctor was at fault.
Establishing Liability in Florida Maternal Death Cases
When seeking to establish liability in a Florida maternal death case, you’ll need to prove that the doctor owed a duty of care to the mother. Here’s what to know:
Doctor’s Duty of Care
You expect a high standard of care from your healthcare provider, particularly during pregnancy and childbirth. As a family member of the mother who died, you place your trust in their experience, relying on them to make informed decisions that guarantee the mother’s health and well-being.
This trust forms the foundation of the doctor-patient relationship, and it’s the doctor’s responsibility to uphold this trust. In the context of maternal care, the doctor has a duty to provide reasonable care, adhering to accepted medical practices and standards.
This duty of care encompasses all aspects of treatment, from diagnosis to delivery, and it’s important to prioritize the mother’s health above all else.
Breach of Standard
Doctors who fail to meet the expected standard of maternity care can be held liable for maternal deaths. To establish liability, you’ll need to prove that the doctor breached the standard of care that a reasonably prudent healthcare provider would have followed under similar circumstances.
Standard definitions vary, but common breach examples include failing to monitor fetal heart rate, ignoring signs of preeclampsia, or mismanaging postpartum hemorrhage.
Causation of Death
Proving that the doctor’s breach of the standard of care caused the maternal death is an important step in establishing liability. To establish causation, you’ll need to demonstrate that the doctor’s medical negligence was a direct causation factor in the maternal death. Here’s what to know:
- Causation in fact: You must show that the doctor’s breach of care directly caused the death, and that the harm would not have occurred without the breach.
- Proximate cause: The breach must be the direct and immediate cause of the death, without any intervening factors.
- Foreseeability: The doctor should have reasonably foreseen the consequences of their actions or inactions.
- But-for causation: The death would not have occurred but for your doctor’s breach of the standard of care.
We can help sue for maternal death in Florida when the doctor was at fault and recover the compensation you need.
The Statute of Limitations for Filing a Maternal Death Claim
While pursuing justice for a loved one’s maternal death, you’re likely to encounter a multitude of legal hurdles, and one of the most important is the statute of limitations for filing a maternal death claim. This timeframe is significant, as it determines how long you have to gather timely evidence and collect important documentation.
The statute of limitations in Florida for maternal death is typically two years from the date of the maternal death. Failing to file a claim within this timeframe can result in the court dismissing your case. It’s important to work with an experienced attorney who can help you through the legal process and guarantee that you meet the necessary deadlines.
Determining Damages When Suing for Maternal Death in Florida if the Doctor Was at Fault
In pursuing a maternal death lawsuit, you must determine the damages you’re entitled to, which can be a difficult and emotionally charged process. The damages assessment requires evaluating the losses you’ve suffered as a result of your loved one’s death. We can help you recover:
- Economic damages: This includes financial losses such as funeral expenses, medical bills, and lost income.
- Non-economic damages: This includes intangible losses such as emotional distress, loss of companionship, and pain and suffering.
- Punitive damages: These are awarded in cases of gross negligence or intentional misconduct, aiming to punish the responsible party.
- Survival action damages: These are awarded for the conscious pain and suffering your loved one experienced before passing away.
The Legal Process for Pursuing a Maternal Death Claim
As you go through the landscape of maternal death lawsuits, determining damages is just the first step. You’ll need to gather evidence to support your claim, including medical records, testimony from experts, and documentation of any violations of patient rights and maternal health standards.
You may need to depose witnesses, including medical professionals involved in your care. Your claim will include allegations of negligence, and you’ll need to demonstrate how the defendant’s actions or inactions led to your loved one’s death.
Throughout the process, you’ll need to comply with Florida’s statutes of limitations, procedural rules, and evidentiary requirements. A thorough understanding of the legal process is important for building a strong case and securing the justice you are entitled to.
Seeking Justice With the Help of a Florida Attorney
When going through the process of seeking justice for a maternal death claim, you’ll need a skilled Florida attorney who can guide you through the legal process and increase the chances that your rights are protected.
Here are four benefits of seeking legal representation:
- Experience: Your attorney will have in-depth knowledge of Florida’s maternal health laws, increasing the chances that you receive the compensation you are entitled to.
- Emotional support: Your legal representative will handle the legal challenges, allowing you to focus on your emotional well-being and healing.
- Aggressive advocacy: Your attorney will fight relentlessly to hold the responsible parties accountable for their negligence.
- Maximizing compensation: Your legal representative will work to secure the maximum compensation possible for your loss and suffering.
We’re ready to help you sue for maternal death in Florida when the doctor was at fault for your loved one’s death.
Learn More About Suing for Maternal Death in Florida if the Doctor Was at Fault
If the doctor was at fault in a maternal death case, you can take legal action. To ensure your rights are protected, consult a qualified attorney from Anidjar & Levine.
Contact us today for a free consultation.
We Can Help.
