Doctors should be keenly aware of the symptoms of heart disease and cardiac arrest in their pregnant patients. They are trained to act quickly and provide the appropriate immediate response when a cardiac event occurs.
Unfortunately, preventable maternal deaths have occurred due to the lack of appropriate medical care from obstetricians and their staff. In these situations, grieving families often turn to a compassionate maternal death attorney to help them seek justice. If you lost a loved under such circumstances, a West Palm Beach maternal death due to heart disease lawyer can help.
The Basics of Heart Disease and Pregnancy
Cardiovascular disease affects an estimated one to three percent of all pregnancies and is to blame for as much as 15 percent of maternal deaths, according to the Journal of Critical Care Nursing. Symptoms of heart disease in pregnant women are sometimes not taken seriously and falsely attributed to the pregnancy itself.
However, the sooner the diagnosis of heart conditions, the less likely maternal death is to occur. According to a 2018 study published by the National Institutes of Health (NIH), early follow up care with specific pharmacological intervention significantly reduced the rate of peripartum heart failure mortalities.
Recoverable Damages in Florida Maternal Death Cases
As a civil matter, resolving wrongful maternal death due to heart disease or cardiac arrest is done through monetary compensation. When the case is settled or decided in favor of the plaintiff, the damages are divided into two parts: what is due to the survivors, and what is due to the estate. Florida Statutes §768.21 details the losses each party can recover, although each plaintiff should discuss their specific damages with their West Palm Beach maternal death due to heart disease and cardiac arrest attorney.
Estate recovery could include compensation for:
- Loss of net accumulations (income from employment, investments, or business ventures)
- Medical and funeral expenses
- Lost income
Sources of survivor recovery may include:
- Lost support and services
- Loss of companionship, protection, instruction, and guidance
- Medical and funeral expenses paid by survivors
It is worth noting that based on the Florida Wrongful Death Act, adult children age 25 and older are only eligible to recover for lost parental companionship, guidance, and instruction when there is no surviving spouse.
Who May File a Maternal Death Lawsuit?
When a death occurs, determining who handles the legal affairs can be confusing. Consulting with an established maternal death due to heart disease lawyer in West Palm Beach can help clear up this confusion.
Per Florida Statutes §768.19, a personal representative acting on behalf of the deceased’s estate can proceed with a wrongful maternal death claim. However, any action taken must be for the benefit of the deceased’s surviving family. To that end, each claim must name each party with interest in the estate, including a surviving spouse, blood relative, child, parent, or adoptive dependent.
Deadline for Filing
Anyone who wants to pursue justice on behalf of their deceased family member should be aware of the statute of limitations outlined in Florida Statutes §95.11(4). Under this law, family members have only two years from the date of the death to file a lawsuit. If this deadline is missed, they can no longer seek damages for a maternal death.
Work with a West Palm Beach Maternal Death Due to Heart Disease Attorney Today
Grief is often complex, and the process of moving past it usually cannot be rushed. While a maternal wrongful death case can also be long and complicated, a knowledgeable West Palm Beach maternal death due to heart disease lawyer can handle this process for you. Call today to learn more about your legal options.