You and your spouse may have been elated by your pregnancy news, looking forward to starting or adding to your growing family. But in a most unfortunate turn of events, your spouse may experience complications during their labor. As a result, they may sadly pass away and leave you alone with your newborn and other small children. You may later find out that your spouse’s complications were caused by or failed to be alleviated by the attending medical professionals in the delivery room. If so, you may want to hold them liable in a legal action. That said, please read on to discover whether you can file a lawsuit if your spouse dies during childbirth and how a seasoned New York City birth injury attorney at Mark L. Bodner, P.C. can help you be compensated to alleviate some of the pain you are experiencing in its aftermath.
Can I file a wrongful death claim if my spouse dies during childbirth?
If you are the surviving spouse of an individual who died due to labor complications, you may be eligible to bring forward a wrongful death lawsuit. Importantly, though, this is so long that you can prove that your spouse’s death was caused by a medical professional’s negligence, recklessness, or intentional misconduct. For example, if a medical professional should have ordered an emergency C-section earlier, especially given your spouse’s prolonged labor up to that point. Or, if a medical professional never scheduled a C-section ahead of time, failing to recognize your spouse’s medical history of heart disease, high blood pressure, bleeding complications, etc.
In turn, for your claim, you must be able to prove that you, your newborn, and your immediate family unit will suffer emotionally, socially, and financially long after your spouse’s death. Namely, you may cite that you have now lost the earned income your spouse used to provide for your family. Plus, you may have lost companionship from your spouse while your children may have lost the support and guidance of having a second parent in their lives. Lastly, you may even claim that you and/or your children now struggle with anxiety, depression, or any other mental health concern.
How long do I have to file my wrongful death claim?
In New York State, you may only have two years from the date of your spouse’s death to file a wrongful death claim. However, your discovery that medical professionals in the delivery rule negligently caused your spouse’s death may be delayed. Thanks to the discovery rule, you may be able to get away with filing two years from the date on which you should have reasonably discovered your spouse’s cause of death.
On another note, your surviving children may step forward with a claim for this wrongful death incident if they, sadly, become the sole beneficiary one day. For them, the statute of limitations may be two years from their 18th birthday, or two years from the date they are appointed a legal guardian. At any rate, if you are ready to start your wrongful death claim or otherwise, now is a better time than ever to contact a competent New York City birth injury attorney. Mark L. Bodner, P.C. is here to help.