A consensus statement released by the American College of Obstetricians and Gynecologists reveals that for every 100,000 vaginal births, approximately four mothers die. Additionally, when mothers give birth via a caesarian section, there are about 13 deaths per 100,000 births. While most maternal deaths related to caesarian sections stem from factors outside of a physician’s control, some fatalities could be avoided.
If you have lost a loved one after a caesarian delivery, there may be compensation available for your family. A compassionate West Palm Beach fatal caesarian sections lawyer can help you explore your legal options during this devastating time. Get in touch with a dedicated maternal death attorney for assistance with investigating a doctor’s actions during the procedure.
All surgeries come with inherent risks such as botched outcomes or unexpected side effects, regardless of how careful a surgeon is. However, maternal fatality is not a common outcome of a caesarian section and may be attributed to negligence on the part of an obstetrician or anesthesiologist.
Proving Caesarian Section Negligence
Florida Statute §766.102 requires a plaintiff in a civil suit to prove that a physician or laboratory was negligent and directly caused an otherwise avoidable injury. The first step to establishing this involves citing a medical professional’s duty of care. A doctor who agrees to care for a patient assumes a legal responsibility to provide them with the same standard of care that other professionals in their position would.
A physician who fails to give care that aligns with the acceptable and appropriate medical standard effectively breaches their duty to a patient. Expert medical witnesses may be summoned to show the jury what the reasonable standard of care is under the set of circumstances in question. However, it is not enough to show that a doctor acted inappropriately. A claimant must prove that their damages are a direct result of their actions or inaction.
Establishing the Scope of Loss
Finally, a plaintiff must demonstrate the severity and scope of their losses. A skilled West Palm Beach fatal caesarian sections attorney can collect medical bills, funeral expenses, and therapy records on your behalf to help establish a doctor’s negligence.
State Pre-Suit Requirements
According to FL Stat §766.106, plaintiffs seeking to recover damages for a fatal caesarian section are required to notify the potential defendant(s) of their intent to file a civil claim. Once the notification is received, opposing parties have 90 days to decide whether they will attempt to settle the case or let it go to trial. Regardless of the defense’s response, a claimant may find a more favorable outcome with the help of a steadfast fatal caesarian sections lawyer in West Palm Beach.
Get in Touch with a West Palm Beach Fatal Caesarian Sections Attorney Today
Losing a family member can be shocking, especially during or shortly after they give birth. If your family is suffering the consequences of a negligent doctor who performed a fatal caesarian section, you may be entitled to compensation with the help of qualified legal professionals. A knowledgeable West Palm Beach fatal caesarian sections lawyer could explain your legal rights during this difficult time, so reach out today for an initial consultation.