According to Medscape, postpartum hemorrhage (PPH) is the leading cause of maternal deaths, accounting for nearly 12 percent of fatalities. Any woman who is carrying a baby beyond 20 weeks gestation is at risk for hemorrhage during pregnancy, delivery, and shortly after birth.
Many hemorrhage-related maternal deaths can be avoided through quick action by doctors and nurses. Unfortunately, some mothers lose their lives because negligent medical staff fails to take the correct course of action or because of other delays in giving appropriate care.
If you lost a loved one due to a maternal hemorrhage and believe medical negligence may be involved, there are options available to you that a medical malpractice attorney can help you explore. An experienced West Palm Beach maternal death due to hemorrhage lawyer can successfully recover compensation on your behalf without even going to court.
Maternal Hemorrhage Risk Factors
Obstetricians and other birthing staff need to be aware of the risk factors, as well as signs and symptoms, of maternal hemorrhage. They should also be ready to act quickly if an emergency arises. When they ignore symptoms or dismiss past medical history, dangerous situations can occur.
A West Palm Beach maternal death due to hemorrhage attorney should be aware of the various risk factors associated with maternal hemorrhage. These risks factors may include:
- Multiple previous pregnancies
- Pregnancy involving multiple fetuses
- Past maternal hemorrhage
- Retained placenta
- Increased birth weight
- Episiotomy performed with birth
Maternal Death Filing Laws in West Palm Beach
Sometimes potential plaintiffs are unaware that there are mandated time limits to file a suit after a maternal death. The statute of limitations in Florida is two years after the date or injury or the date that discovery of the injury should have reasonably occurred. Florida Statutes §95.11(3)(a) provides more details on how the statute works in different situations.
Notice of Intent to File Suit
Another important law potential plaintiffs should be aware of is the pre-filing notice of intent requirement found in Florida Statutes §766.106. According to this law, a prospective plaintiff must have an affidavit from a medical professional who agrees that their case has merit before they can file successfully. Furthermore, before a plaintiff can file their claim, they must submit a pre-filing notice to the defendant.
Tolled Statute of Limitations
Upon receipt of the aforementioned notice, defendants have 90 days to inform the plaintiff in their respective case if they want to settle the case or not. During this 90-day waiting period, the statute of limitations is tolled or paused. The plaintiff may file a lawsuit when one of the following occurs:
- The defendant notifies the plaintiff or their maternal death due to hemorrhage lawyer in West Palm Beach that they do not want to attempt a settlement
- The 90 days pass without the defendant making any contact with the plaintiff
Either way, the plaintiff only has 60 days from this point to file suit, or the remainder of the statute of limitations, whichever is longer. Experienced legal counsel should be familiar with all the filing deadlines and requirements so that plaintiffs do not have to worry about the details. For more information about filing a claim, contact a seasoned medical malpractice lawyer today.
How a West Palm Beach Maternal Death Due to Hemorrhage Attorney Can Help
Knowing a maternal death could have been avoided if a physician provided competent care could make your grief even worse. You may be overwhelmed with all that you need to take care of at this confusing time.
If you let an attorney handle the legal aspects of negligent maternal death, though, you could have more time to focus on your own family and healing. Call a compassionate West Palm Beach maternal death due to hemorrhage lawyer today to schedule a consultation.