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Did Your Newborn Suffer Cerebral
Palsy or Another Brain Injury Before
or During Labor and Delivery?

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Our Birth Brain Injury Resource Guide

the guide

Get a FREE guide of resources available throughout Ohio to children and families of children who were born with brain injuries.

Our guide can help you build a foundation of knowledge and tools that will help you help your child
now and in the future.

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Maternal Death-Medical Provider Negligence High Risk Birth Management

The United States ranks as one of the most socially, culturally, and economically sophisticated countries in the world. Yet, the nation suffers from one of the highest rates of maternal mortality of any nation, developed or undeveloped.

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American women are more than two times more likely to die from pregnancy-related health issues than pregnant women who live in neighboring Canada. Nearly 700 maternal deaths occur in the United States annually, which has brought the issue of pregnant women’s health front and center for the Centers for Disease Control and Prevention (CDC).

According to the CDC, expectant American women have a mortality rate three times greater than the death rate for Canadian women and six times greater than women living in Scandinavian countries. The CDC released an analysis that reports proper health care would prevent up to 60% of the expectant mother fatalities.

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Causes of Pregnancy-Related Deaths

Health issues such as diabetes, heart disease, and high blood pressure contribute to the issues that cause life threatening medical conditions for pregnant women. Poor nutrition and lack of exercise also exacerbate the medical problems that associate with carrying a baby to term. However, medical provider negligence, such as improperly performing a cesarean section, represents a rapidly growing reason for maternal deaths in the United States. Here are some examples of medical provider negligence:

A child’s daily life may also be affected after the injury, in such ways as:

  • Inaccurate diagnosis
  • Denying patient care
  • Failure to perform a vaginal birth
  • Not performing an emergency cesarean section

How Women Can Help Prevent Medical Provider Negligence

Maintaining a healthy weight and following a healthy diet bolster the immune system of expectant mothers. Communication with your obstetrician also matters for ensuring vibrant health for bringing a baby to term. Adhere to the recommended medical care schedule suggested by your medical provider and never dismiss health issues that arise that you deem insignificant. When medical provider negligence becomes a legal issue, the defense counsel typically tries to introduce evidence that links the expectant mother to health issues that might have contributed to maternal death

Medical Malpractice in Ohio

On average, about 40 maternal deaths occur each year in Ohio. The unacceptable number of pregnant women dying in our state annually is cause for immense concern. What happens when someone you love dies because of the incompetence of willful lack of care provided by a hospital or a medical care facility?

When a medical professional injures a patient during treatment, the medical professional has committed medical provider negligence as defined under Ohio medical malpractice law. The actions performed by a physician must violate the medical standard of care, which represents medically accepted procedures that a typical physician would use to care for an expectant mother. Most cases of negligence settle out of court in Ohio, but if your case moves into the trial phase, you need a licensed and an experienced Ohio attorney to litigate your case.

Victims and/or their families that experience improper medical care for pregnant women in the State of Ohio have up to four years after the death of an expectant mother to file a lawsuit. Ohio does not place a limit on the amount of compensatory damages awarded in a lawsuit. However, for non-economic damages that frequently fall under the legal term “pain and suffering,” a plaintiff in a wrongful death lawsuit cannot receive more than $250,000 or three times the amount of the compensatory damages awarded by a jury. Ohio places a limit on punitive damages at twice the amount of the compensatory damages awarded in a civil case.