Yes, compensation may be available for maternal death in a Florida malpractice case if the death results from medical negligence during pregnancy, labor, or shortly after childbirth. Maternal death refers to the loss of a mother’s life due to complications related to pregnancy or childbirth. This can include conditions like preeclampsia, hemorrhage, infections, or other emergencies that require timely and competent medical care.
When this kind of tragedy occurs because a healthcare provider fails to meet the accepted standard of care, whether through delayed treatment, misdiagnosis, surgical errors, or failure to act quickly in emergencies, it may constitute medical malpractice under Florida law. In such cases, the surviving family members may be entitled to pursue legal action and seek financial compensation for their loss. A Florida medical malpractice lawyer can represent your family in the fight for compensation.
What Compensation Can Be Recovered After Maternal Death In A Malpractice Case?
In Florida, when maternal death is caused by medical malpractice, surviving family members may be entitled to seek compensation through a wrongful death claim. These claims are brought by the personal representative of the deceased’s estate on behalf of eligible survivors, including spouses, minor children, and, in some cases, parents.
Types of Compensation Available
- Economic Losses: These include measurable financial losses such as medical expenses incurred before death, funeral and burial costs, and loss of the deceased’s income and financial contributions
- Non–Economic Losses: These address the emotional and relational losses, including pain and suffering endured by surviving family members, loss of companionship, support, and parental guidance, as well as mental anguish, particularly for minor children and spouses.
While Florida previously imposed caps on non-economic damages in medical malpractice cases, several of these limits have been ruled unconstitutional. Our firm stays current with evolving case law to ensure your claim reflects the full scope of your loss. We work to understand the full extent of a family’s losses, considering both the immediate and long-term impact on your family’s life.
How Long-Term Effects Influence A Maternal Death Malpractice Case
The long-term consequences of maternal death deeply affect both the emotional and financial well-being of surviving family members. These effects play a critical role in determining the value of a malpractice claim.
For example, the loss of a mother often means children grow up without vital emotional, educational, and financial support. Spouses may face increased childcare costs, loss of household services, and ongoing grief. These impacts are not only profound but also quantifiable within a legal claim.
Florida law allows consideration of these future losses when assessing compensation. Our legal team works closely with various experts to assess the enduring effects of maternal death on the family’s life and livelihood. This comprehensive approach ensures the compensation sought fully reflects the depth and duration of your loss.
How Medical Malpractice Can Lead To Maternal Death
Maternal death may result from a healthcare provider’s failure to meet the accepted standard of care during pregnancy, childbirth, or postpartum. Common forms of negligence include:
- Delayed diagnosis or misdiagnosis of conditions like preeclampsia or infection
- Failure to monitor maternal or fetal distress during labor
- Surgical errors during C-sections or related procedures
- Medication mistakes, such as incorrect dosages or missed treatments
- Failure to respond to clear signs of distress, such as severe bleeding or high blood pressure
Our firm thoroughly investigates each case, by reviewing medical records, consulting experts, and identifying every possible failure. This process helps uncover how the standard of care was violated and builds a strong foundation for pursuing justice on behalf of the family.
Who Can Be Held Liable For Maternal Death In A Malpractice Case?
In a maternal death malpractice case, liability may rest with one or more healthcare providers or institutions. Commonly, this includes:
- Obstetricians who fail to act promptly or appropriately during labor or delivery
- Nurses who neglect to monitor vital signs or report concerning symptoms
- Anesthesiologists and other professionals who may have incorrectly dosed the patient or failed to monitor the patient for issues during surgery
- Hospitals or birthing centers that provide inadequate staffing, training, or equipment
- Pharmacists involved in dispensing the wrong medication or dosage
Medical malpractice is often complex, and the fault may not lie with just one individual. Multiple parties may share responsibility. That’s why one of our firm’s critical roles is to conduct a detailed investigation to uncover every potential source of liability.
By identifying all responsible parties—whether individuals, healthcare systems, or both—we help ensure you pursue the full amount of compensation available under Florida law. No detail is overlooked in our commitment to achieving justice for your family.
Proving a Florida Malpractice Case Involving Maternal Death
Successfully proving medical malpractice in Florida requires demonstrating that the provider’s negligence directly caused the maternal death. This involves establishing a few key legal elements:
- The provider had a duty to provide care to the patient, and this care should have met the established standard of care
- A breach of that standard occurred through negligent action or omission
- The breach directly caused the mother’s death
- Damages resulting from the injury
Under Florida law, expert testimony is mandatory in medical malpractice cases. An expert, usually a licensed medical professional in the same field as the defendant, must review the case and provide an affidavit confirming that the standard of care was likely violated.
What Is the Statute of Limitations for Maternal Death Malpractice Cases in Florida?
In Florida, the statute of limitations for medical malpractice lawsuits, including maternal death, is generally two years from the date the malpractice was discovered or should have been discovered with reasonable diligence.
Exceptions may apply in cases involving fraud, concealment, or minors, but they are narrowly interpreted. Prompt legal action is critical. If you wait too long, you may lose the right to seek compensation, even in cases of clear negligence. Our firm helps families act quickly and within legal deadlines to protect their rights.
How Our Firm Supports Families Through Malpractice Claims
Pursuing justice after a maternal death is emotionally overwhelming and legally complex. Anidjar & Levine are here to guide you through every step of the legal process with compassion, experience, and diligence. From the initial investigation to filing your claim, we handle the legal burdens so you can focus on healing.
We understand that no amount of money can replace a loved one. However, pursuing a malpractice claim can provide stability, accountability, and a sense of closure. If you’ve lost a loved one due to maternal death in Florida and suspect medical malpractice played a role, we invite you to contact our firm for compassionate legal guidance.
We Can Help.
