A death in the family is always hard on everyone who cared about the person who perished. Sometimes it is a legal matter as well, such as in cases of what is legally designated the wrongful death of the mother. If you face a situation like this, it is important to know what is involved.
Filing a wrongful death suit requires that you demonstrate multiple things. One is that the mother died. Another is that her death was caused by reckless, intentional misconduct, or negligence by another. Another is that the person the lawsuit is being filed on behalf of incurred financial losses because of the death.
Many states limit the filing of wrongful death suits to surviving immediate family members. This can include the little baby who was born though his or her mother died. Another family member can file the suit on behalf of the baby. Some states also let extended family members file the suit.
Doctors and other medical professionals are often the targets of these suits, but others may be targeted as well. For example, if evidence clearly shows that the death was the result of a defective medical device, the company that designed or manufactured the medical device can be sued.
If a medical professional is determined to have been a fault in the wrongful death of the mother, he or she may face criminal charges as well as a suit. This can be done if the medical professional’s conduct constituted a criminal act. Even if he or she beats criminal charges, however, the medical professional can still be sued for the wrongful death. They key in each case is to put together clear evidence, which is a process with which an attorney in New York, who is experienced with these cases, can help.