Introduction
Maternal mortality continues to be a major problem that has repercussions on the healthcare system, families, and the legal system. For attorneys dealing with these cases, it is quite important to understand the most common reasons that lead to death, how the family can sue, and the scope of legal proceedings. The purpose of this article is to highlight the multifaceted aspects of maternal mortality, the family’s legal rights, and how medical record review services assist attorneys in case preparations.
The State of Maternal Mortality in the United States
• Increasing Rates: The United States risks becoming the deadliest developed country to give birth in. The maternal mortality rate is now sitting at a dire 32.9 deaths per 100,000 live births as of 2024 (per CDC).
• Widening Gap: Black mothers suffer even greater. In their case, mortality stands at almost 3 times as high to that of white women.
Contributing Factors
• Healthcare Access: One of the most alarming factors to be contributing to maternal mortality is limited access to quality prenatal and antenatal care.
• Pre-Existing Conditions: Pregnancy complicated by other diseases (hypertension, diabetes) can lead to severe risks.
Legal Implications of Maternal Mortality
When Can Families Sue for Wrongful Death?
• Negligence: Families can pursue claims of wrongful death if there is an apparent breach of duty, such as lack of proper prenatal care or poor management of accompanying complications.
• Informed Consent: Legal claims may also be related to informed consent issues when the patients were purportedly not given sufficient information concerning their care.
Challenges in Maternal Mortality Cases
• Causation Challenges: Connecting a negligent act to a mother’s death is often one of the easiest things to assume and the most difficult to prove.
• Expert Testimony: Many cases hinge upon having available medical expert testimony, thus making the value of medical records review services all the more important.
The Role of Medical Records Review Services
Importance of Medical Records in Legal Cases
• Comprehensive Analysis: Medical records document the care provided, which crucially must be reviewed to ascertain the circumstances leading to maternal mortality.
• Identifying Gaps: A proper review will point out missing pieces of care or outlier charted practices that are not in accordance with established medical norms.
How Medical Records Review Services Assist Attorneys
• Expert Insights: Reviewers of the medical records will analyze key pieces of complex data and explain them in a way that will assist the lawyer in making a sound case.
• Process Automation: The services are able to shorten the review processes and give the attorneys more time to develop strategy and interact with the clients.
Case Studies
Case Study 1: Overview of the Case
• Overview: A mother died because of complications arising from the preeclampsia that she had developed but could not get treated for.
• Challenges: Proving that the healthcare providers did not appropriately supervise and take care of the condition.
• Solutions: The attorney had to put together the medical records showing there was no care and supervision that was appropriate.
Case Study 2: Overview of the Case
• Overview: A mother died following a caesarean section because she did not get adequate post-operative care.
• Challenges: Proving that the gaps in the care after surgery did contribute to death.
• Solutions: The attorney had to go through the medical records and prove there was no postoperative care.
Conclusion
There is currently very high maternal mortality and this issue has profound legal consequences to the family and the health care providers. These cases need the attorneys to draw strategies and utilize medical records review services to give justice to the victims. Being up to date with the current trends and data is important to having an effective case management strategy for this sensitive area of law.