The death of a mother is a horrible situation; the newborn child has no time to grow with a mother’s care, and the father or family involved is left to care for a new child as well as mourning their loss. When medical malpractice is the cause of a death, it’s possible to receive compensation for that malpractice. Family members can seek compensation for the loss of consortium and other financial losses as well.
In a case out of Montgomery County, it’s been reported that a man was awarded over $6 million for the death of his wife in 2009. She, a 34-year-old, suffered from pre-eclampsia and eclampsia during her pregnancy, but it went undiagnosed for the term, eventually leading to her death. She passed away following an emergency C-section due to a gestational hypertension stroke.
The man and his attorney argued that the doctor treating the woman had not been qualified to deal with pregnancies that had complications; the doctor has since passed away. Because of this, the jury found that the medical team did in fact fail to live up to the accepted standards of medical practice. The jury also found that the negligence of the doctor and her practice was a direct cause of the woman’s death, leading to the large award for malpractice.
The case had previously been settled outside court before the trial, so it’s not clear what the family will actually receive in compensation or if the jury award would have been higher. The woman’s son is alive and well, living with his father.
Source: Dayton Daily News, “Husband awarded $6 million in wrongful death lawsuit,” Mark Gokavi, May 20, 2016
