Not too long ago, it was not too unusual for women in America to die during childbirth. Thankfully, with advances in science and technology, maternal death is much rarer now. Often, this is due to competent and dedicated physicians who act quickly when an emergency arises.
Any experienced maternal death attorney knows that doctors who treat pregnant women are trained and experienced to know what symptoms are concerning and what to do when certain symptoms arise. However, if a physician fails to note certain symptoms or knows the symptoms but does not act to mitigate damages, they have acted negligently, and maternal death may still occur.
If you recently lost a loved one due to preeclampsia during childbirth, there is legal help available. A West Palm Beach maternal death due to preeclampsia lawyer today can help you take stock of your damages and see what may be possible in your case.
What to Expect as a Plaintiff in a Preeclampsia Maternal Death Case
When a maternal death occurs due to preeclampsia, the family of the deceased has the legal right to file a civil lawsuit on their behalf. If a family elects to hire a skilled maternal death due to preeclampsia lawyer in West Palm Beach to protect their interests, their attorney can take the lead on researching and preparing the case.
Before filing a case in court, a plaintiff must inform the prospective defendant or their medical malpractice attorney of the intent to file suit. According to Florida Statutes §766.106, the defendant would then have 90 days to decide if they want to try to settle the case before it is filed. If they inform the plaintiff that they do not want to settle or if they are unable to settle prior to that time frame, the plaintiff can legally file suit then.
After the Filing of the Suit
It may be months or even over a year or two before a maternal death case goes to trial. During this time, the plaintiff and the defendant still have the option to settle the case. If they are able to agree on a settlement amount, the plaintiff would be paid, and the case would not proceed to trial.
If the case does go to trial, the decision would be in the hands of the jury. If they decide in favor of the plaintiff, the court would determine how much the defendant owes in compensation to the plaintiff. However, if they decide in favor of the defendant, the plaintiff would not be owed any compensation.
Preeclampsia Maternal Death Damages
For plaintiffs in a maternal death case, the best possible outcome is either a fair settlement or a jury verdict in their favor that provides fair compensation for their damages. Damages that are financial in nature and can easily be calculated are known as economic damages. Non-economic damages are more subjective and sometimes difficult to put a price on.
A knowledgeable West Palm Beach maternal death due to preeclampsia attorney may be able to help plaintiffs determine what types of damages to which they may be entitled. Both types of compensable damages are discussed in Florida Statutes §766.202.
Economic damages may include money for:
- Medical bills
- Funeral and burial expenses
- Loss of income of the deceased mother
On the other hand, non-economic damages may compensate for intangible losses like:
- Emotional distress
- Mental anguish
- Loss of consortium
Get Help from a West Palm Beach Maternal Death Due to Preeclampsia Attorney
Although there is nothing you can do to bring back a deceased family member, a compassionate West Palm Beach maternal death due to preeclampsia lawyer may be able to help you seek justice on their behalf. Compensation for your damages could allow you and your family to live a more comfortable lifestyle and not deal with financial stresses on top of emotional ones. To receive steadfast and considerate legal help, contact an attorney today.