Women have been giving birth to babies for millennia. Responsible for producing the next in line for continuing our people, women have always risked their lives to ensure another generation lives on. However, long gone are the days when threats came from wild animals or a lack of medical care. In today’s world, women give birth in hospitals, birthing centers, or within the sturdy walls of their own homes. With access to insurance, medical providers, and the most modern technology available, a woman’s decision to have a baby should no longer be the same as rolling the dice to see if she lives or dies. Yet it can seem that way, with maternal mortality rates rising and more surviving mothers coming forward with their traumatic stories of maternal injury or birth injury. When a maternal death occurs, what legal recourse does her family have? If your family has suffered the loss of a mother or spouse as a result of a pregnancy, an experienced wrongful death attorney with Erin Marshall Law may be able to assist you with determining a course of action. Call (505) 218-9949 to schedule your complimentary consultation to review your case and learn more about your next steps.
What Is Maternal Death?
When discussing pregnancy and death, there are three different terms to know: maternal death, pregnancy-related death, and pregnancy-associated death. While the three terms may sound like they describe the same thing, there are distinctions. These distinctions are essential, as they may impact any legal recourse options the family may have. These terms are defined as:
- Maternal Death: As defined by the New Mexico Department of Health Maternal Mortality Review Committee (MMRC), a maternal death is when a woman dies from any cause that is aggravated by or related to pregnancy or managing it, while pregnant or within 42 days of the termination of a pregnancy, regardless of the site or duration of the pregnancy. Within 42 days of the termination of a pregnancy means within 42 days of giving birth, having a miscarriage, having an abortion, or other end to the pregnancy.
- Pregnancy-Related Death: A pregnancy-related death occurs during or within one year of the pregnancy due to complications with the pregnancy, aggravating an unrelated condition with the physiologic effects of the pregnancy, or a chain of events initiated by the pregnancy. Maternal death is a subset of pregnancy-related death.
- Pregnancy-Associated Death: A pregnancy-associated death occurs during or within one year of the pregnancy, regardless of the cause of death.
Accidental deaths, such as car accidents or workplace accidents, are not included in any of these definitions. Additionally, it may be difficult for the average person to determine which of these three terms would be an accurate description of what happened to their loved one. Therefore, it is recommended that family members looking for information about legal recourse in these circumstances speak with an attorney who may review the case and offer guidance.
Facts About Maternal Death
New Mexico is not the only state with an MMRC; all 50 states have one. Per the Centers for Disease Control (CDC), MMRCs throughout the United States found 84% of pregnancy-related deaths to be preventable. In New Mexico specifically, New Mexico Voices for Children reports that 60% of maternal deaths are preventable. They also report that the maternal mortality rate for Black mothers is four times the state average for all races. The CDC reports that Black mothers are three times as likely to die as White mothers, which makes New Mexico’s rate higher than the national average. Native American mothers make up 20% of New Mexico’s maternal deaths while making up only 11% of the state’s population.
One potential reason for these high numbers may be that 71% of New Mexico births are covered by Medicaid. Until 2022 when coverage was expanded to one year postpartum, New Mexico Medicaid only provided coverage for 60 days after birth. While we hope the data improve with greater insurance coverage, this does not help with the statewide shortage of maternal health care providers. Lack of historic insurance coverage with the limited options for receiving healthcare in general, and pregnancy or postpartum care specifically, makes it easy to believe that these factors play a significant role in maternal deaths. Additionally, racial inequities may also play a significant role, as many of the places where Black, Native American, or Hispanic mothers live are the same places that are known as “maternal health deserts” due to their extreme lack of maternal healthcare options.
What Are the Leading Causes of Maternal Death?
There are many potential causes of maternal death, many of which may allow legal recourse for the family. The leading causes include:
- Severe bleeding
- Infections
- High blood pressure
- Unsafe abortions
- Complications from delivery
While not leading, there are other common causes of maternal death. These include:
- Medication errors
- Anesthesia errors
- Failure to perform a C-section in a timely manner
- Failing to order the appropriate tests or follow up on abnormal results
- Failure to diagnose and treat uterine rupture
- Failing to get a complete patient history
There are many potential causes for rising maternal mortality rates, including delayed access to care and health disparities, so it is important that families who believe their loss may be considered a maternal death speak with an attorney. Erin Marshall Law may be able to determine whether the circumstances provide grounds for legal recourse and offer guidance regarding the next steps.
What Legal Recourse Do Families Have After This Loss?
When a woman dies due to pregnancy or pregnancy-related issues or complications, New Mexico’s legal recourse for the family is a wrongful death lawsuit. NMSA §41-2-3 requires the personal representative of the deceased’s estate to file a wrongful death lawsuit on behalf of the family. The personal representative acts as the plaintiff in the lawsuit, and any damages awarded are then distributed by the personal representative to the deceased mother’s spouse, children, parents, or siblings, depending on her family structure.
To make use of this legal recourse option, the personal representative will need to file within the statute of limitations, which is three years per Section 41-5-13 NMSA 1978. They will also need to prove that the medical provider was responsible for the death.
How to Prove Medical Malpractice in Maternal Death
Approximately 16% of maternal deaths are unpreventable. An unpreventable death means that even if the mother did have or could have had proper medical care, the death could not have been avoided. This is often due to a severe underlying condition such as severe heart disease or advanced cancer. Another potential cause may be sudden and unpredictable events, such as massive blood clots or severe amniotic fluid embolism, that are so catastrophic that even immediate and appropriate medical care cannot prevent the death. Rare, poorly understood medical complications with limited current medical knowledge may also lead to maternal deaths. These deaths are not medical malpractice because whether appropriate medical care was provided or not, the death would still have occurred.
In the 84% of preventable maternal deaths, the plaintiff must prove several facts to be successful in pursuing legal recourse through a wrongful death claim. Proving these facts will require evidence such as medical records, witness testimony, and expert witnesses.
Prove a Provider-Patient Relationship Existed
The first fact that must be proven is that a provider-patient relationship existed. Frequently, this will be a relationship between a doctor and the mother, which can be proven with medical records that show the mother hired the doctor, and the doctor agreed to be the mother’s doctor.
However, sometimes a nurse, anesthesiologist, hospital, birthing center, or other provider or facility is the negligent party. In some instances, such as a nurse or anesthesiologist, the provider is assigned by the facility, and there would be no records indicating that the mother hired the provider. However, there may be other records and methods to establish that this provider-patient relationship existed.
Prove the Provider Was Negligent
The second fact is proving the provider was negligent. This means showing that the doctor or other provider did not employ reasonable skill or care in providing the mother’s medical care. This will require showing that another doctor or provider would not have made the same mistake under the same circumstances. This fact will likely be proven with an expert witness and medical records.
Prove The Negligence Caused the Death
The third fact is proving that the doctor or other provider’s negligence caused the mother’s death. This means proving that without the negligent act, the mother would not have died. This step is crucial, as the provider may have been negligent but may not have caused the death. For example, if the mother asked for some ibuprofen early in her labor and was given acetaminophen instead, this is technically negligence. However, if the mother died due to heavy bleeding, the medication mistake is not responsible for her death. There may be negligence regarding the heavy bleeding, but the medication error would not be enough to pursue legal recourse. Proving that the provider’s negligence caused the mother’s death may require the guidance of an attorney and the knowledge and skill of an expert witness.
Prove Damages Resulting From the Death
The final fact that must be proven is that the family suffered damages due to the mother’s death. This is often one of the more straightforward facts to prove. Economic damages, such as medical bills and lost wages, can be proven with copies of those bills and the mother’s paystubs or other proof of income. Non-economic damages, such as emotional distress or pain and suffering, can be calculated with the assistance of an attorney or determined by a judge or jury.
What Damages May Be Recovered?
There are several types of damages that legal recourse may recover for the family of the deceased mother. The specific damages that may be recovered in a case and the amount received will vary based on the circumstances of each case, but some of the damages that may be recovered include:
- Medical bills associated with the injuries leading to the death
- Reasonable funeral and burial expenses
- Loss of the mother’s income and benefits
- Loss of the mother’s household services
- Loss of the mother’s companionship and guidance
- The mother’s financial contribution to the household
- Emotional distress
- Pain and suffering
Personal representatives and/or families may wish to consult with an attorney to discuss the damages they may receive compensation for and how the amounts will be calculated, as well as to discuss what they may need to provide as evidence of their damages.
Speak With a Maternal Death Attorney in New Mexico
Nothing will bring back the loss of a loved one. The loss of a mother, particularly while she is pregnant or has just given birth, often creates a more profound sense of loss as she is frequently the heart of her family. While no amount of money can make up for a maternal death, families may have legal recourse with a wrongful death case, depending on the circumstances. If you would like to discuss your legal rights and options, an experienced wrongful death attorney with Erin Marshall Law may be able to review your case and offer guidance and support as you move forward after such a significant loss. Call (505) 218-9949 to schedule a complimentary consultation in our Albuquerque office.
