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How can you file a wrongful death lawsuit for a mother's death?

The wrongful death of a mother is more than just tragic; if a mother dies during labor, the child could be at risk, and following her death, a child and family will have to move on without her. This can be difficult for those who were expecting a happy event and now have to deal with the loss of a loved one.

If a mother dies during labor or pregnancy due to the neglect or misconduct of a doctor, then this could be enough to file a wrongful death lawsuit. These kinds of lawsuits take into consideration that the surviving family members will need to continue living with emotional, financial and social impacts of losing their loved one.

For young children and family members, psychological difficulties of losing a loved one can be pronounced, requiring care and time to recover. In some situations, people who weren't expecting to need to take time off work may now have to reduce their hours to care for a child who has been essentially orphaned from his mother.

A wrongful death action is a good way to seek compensation for those who have been left behind following a mother's death. To bring a case against the defendant, you'll need to be able to show that the mother died, that the death can be linked to recklessness, misconduct or negligence, and that you, as the plaintiff, have suffered financial losses because of her death. If you can successfully show all these things, you can take your case to court and may be in a position to receive compensation.

Source: FindLaw, "Wrongful Death of the Mother," accessed May. 28, 2015

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A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient...

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