Maternal death is a devastating tragedy that leaves families grieving while searching for answers. If you lost a loved one due to negligent medical treatment during pregnancy, labor, or postpartum care, call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation and discuss your potential claim.
Why Choose Us
- We have extensive experience handling wrongful death cases involving complex medical failures during pregnancy, labor, and postpartum care.
- We understand how overlooked warning signs, delayed interventions, and breakdowns in communication can lead to preventable maternal deaths.
- We give each case focused attention, conduct detailed medical reviews, and prepare every claim for trial from the outset.
Our Results
We have a proven record of success in medical malpractice and wrongful death cases, including:
- $5 million settlement for a wrongful death caused by dangerous conditions that should have been prevented.
- $4.98 million verdict in a medical malpractice case involving a missed diagnosis in the emergency room.
- $1.4 million settlement for a medical malpractice case involving the prescription of the wrong medication.
- $785,000 verdict in a medical malpractice case involving severe surgical negligence after insurers initially offered nothing to settle.
How Maternal Deaths Occur
Maternal death refers to the death of a woman during pregnancy, childbirth, or within the postpartum period due to complications related to pregnancy or medical care. Many of these deaths are preventable with proper monitoring, diagnosis, and timely intervention. Common causes include:
- Undiagnosed or untreated hemorrhage.
- Preeclampsia or eclampsia complications.
- Infection or sepsis after delivery.
- Blood clots or embolisms.
- Anesthesia errors during labor or surgery.
- Failure to respond to signs of maternal distress.
- Delayed emergency cesarean sections.
When providers fail to act quickly or follow established standards of care, the results can be fatal.
Liability in Maternal Death Cases
Maternal death cases often involve medical negligence by one or more providers. Liability may fall on:
- Obstetricians who failed to diagnose or treat complications.
- Nurses who failed to monitor vital signs or symptoms.
- Hospitals that lacked proper staffing or emergency protocols.
- Anesthesiologists who committed medication or airway errors.
- Medical teams that delayed critical interventions.
West Virginia follows a modified comparative negligence rule under West Virginia Code §55-7-13a. Families may pursue compensation as long as the deceased was less than 50 percent at fault. Any recovery is reduced by the percentage of fault assigned.
Damages Available to Families
Families who lose a mother due to medical negligence may pursue compensation for:
- Funeral and burial expenses.
- Medical bills related to pregnancy and emergency care.
- Loss of financial support and household services.
- Loss of companionship, guidance, and care.
- Emotional pain and suffering experienced by surviving family members.
These damages recognize both the economic and deeply personal loss.
How a Charleston Maternal Death Lawyer Can Help
Maternal death cases are complex and emotionally overwhelming. Legal representation is critical because hospitals and insurers often move quickly to protect themselves. A Charleston personal injury lawyer can help by:
- Preserving medical records, fetal monitoring data, and hospital protocols.
- Working with medical experts to identify failures in care.
- Establishing how providers deviated from accepted medical standards.
- Identifying all responsible parties and insurance coverage.
- Calculating the full impact of the loss on surviving family members.
Hiring a Charleston medical malpractice attorney helps families focus on healing knowing someone is working hard to hold the wrongful party responsible.
Contact Us Today
The loss of a mother leaves a permanent void in a family’s life. If medical negligence played a role in her death, you deserve answers and accountability. Call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation.
