Society often forgets that although birth is an exciting experience, it can also be fraught with complications and unexpected outcomes. This is especially true when medical staff provides substandard care.

A report published by the National Institutes of Health reveals that approximately 10 percent of maternal deaths that occur in the United States are the result of an amniotic fluid embolism. Furthermore, up to 85 percent of survivors experience permanent neurologic deficit. Worst of all, many amniotic fluid embolism deaths are avoidable with the right medical care.

If you lost a loved one after a birth, a compassionate West Palm Beach maternal death due to amniotic fluid embolism lawyer can help. If retained, a dedicated maternal death attorney may be able to determine if the death was preventable, and if so, who may be held liable.

What is an Amniotic Fluid Embolism?

Amniotic fluid embolism (AFE), also known as anaphylactoid syndrome of pregnancy, is a complication of pregnancy and delivery that is often fatal. For some mothers, when amniotic fluid enters their circulatory system, it causes a reaction similar to an allergic reaction.

AFE is usually acute and rapid, causing respiratory failure and cardiac arrest. Profuse bleeding usually occurs next, along with problems with blood coagulation and possibly multiple organ failure.

Obstetricians and other birthing staff are trained extensively to recognize the early signs and symptoms of maternal collapse from AFE. When these signs are missed or ignored, a mother’s life is at risk. If the unexpected occurs, a skilled West Palm Beach maternal death due to amniotic fluid embolism attorney may be able to hold medical staff accountable.

Filing Suit for the Deceased in Florida

As per Florida Statutes §768.119, if a deceased person could have filed suit for their injuries if they were still alive, their surviving family—including their spouse, children, parents, or other dependent blood relatives—can file suit on their behalf. Under some circumstances, a representative of their estate may file suit.

Filing a lawsuit on behalf of someone who is deceased can often be complicated and emotionally draining. Florida law places time constraints and other pre-filing mandates on plaintiffs. For these reasons, many plaintiffs turn to a lawyer in West Palm Beach to file and handle a case for maternal death due to amniotic fluid embolism.

Types of Damages in a Maternal Death Case

Florida law provides that both surviving relatives and the estate of the deceased may be eligible to recover damages after a maternal death due to amniotic fluid embolism. Compensable damages may include:

  • Loss of companionship
  • Emotional trauma
  • Loss of guidance and support for surviving children
  • Medical and funeral expenses
  • Lost wages, benefits, and other earnings

Unconstitutional Damage Cap Laws

Prior to June 2017, Florida Statutes §766.118 limited non-economic compensation for maternal death victims to $1,000,000. This damage cap was a part of national tort reform and was intended to decrease the number of lawsuits without merit. However, with the understanding that damage caps withheld compensation from injury victims who suffer from life-changing damages, the Florida Supreme Court struck down damage caps and deemed them unconstitutional.

Get Help from a West Palm Beach Maternal Death Due to Amniotic Fluid Embolism Attorney

The death of a loved one often comes with many complicated emotions and circumstances. Likewise, a maternal death lawsuit comes with unique complications that an experienced West Palm Beach maternal death due to amniotic fluid embolism lawyer can help you handle.

Let an attorney handle the complexities of the law for you while you focus on emotional healing. Call today for your case consultation.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260