When a mother dies because of suspected medical negligence, her family members may suffer profound losses. However, that does not necessarily mean each relative has the legal right to file a wrongful death lawsuit.
The rules depend on the state where the claim is brought. In many jurisdictions, an executor, administrator, or other personal representative may file the lawsuit on behalf of people entitled to recover. Other states allow certain surviving family members to bring a claim directly.
Understanding the difference between who files the lawsuit and who may receive compensation is an important first step.
The person filing the lawsuit may not be the only beneficiary
Wrongful death laws establish who can bring a claim after someone dies because of another party’s negligence or wrongful conduct. State statutes also determine who qualifies as a beneficiary.
A personal representative is generally someone authorized to act for the deceased person’s estate. An executor named in a will may serve in that role. If there is no will or no qualifying executor, a court may appoint an administrator.
In some states, the representative brings one action for the benefit of qualifying family members. The representative may therefore be the plaintiff even though other people may ultimately share in the recovery.
The Killino Firm’s maternal death lawyer page explains that a maternal death can support a wrongful death claim when medical negligence causes a preventable death during pregnancy, childbirth, or the postpartum period.
Which family members may qualify as wrongful death beneficiaries?
Spouses and children commonly qualify, but state laws vary considerably beyond those relationships. Depending on the jurisdiction, parents, domestic partners, other relatives, or financially dependent family members may also qualify as beneficiaries.
Pennsylvania offers a useful example of why families should not rely on a general national rule. The state’s wrongful death statute provides that the action exists for the benefit of the deceased person’s spouse, children, or parents. The rules governing priority can also matter when a mother leaves a spouse, children, parents, or other relatives.
Another state may define its beneficiary group differently. The order of priority can also matter when a mother leaves a spouse, children, parents, or other relatives.
A family should therefore avoid assuming that the closest relative automatically files the lawsuit or receives the entire recovery.
What if the mother had young children?
When a mother dies, her infant or other minor may be entitled to compensation as wrongful death beneficiaries. Because children cannot generally manage litigation themselves, an adult authorized under state law typically handles the legal process on their behalf.Â
Depending on the jurisdiction and family circumstances, a court may also become involved in protecting a minor beneficiary’s interests or approving how certain funds are managed.
A child’s age may also be relevant when certain damages are assessed. Losing a mother may mean losing years of financial support, daily care, household services, nurturing, and parental guidance. State law determines which of those losses the family can recover and how the recovery is distributed.
What if the mother was unmarried?
The mother’s marital status can affect who qualifies as a wrongful death beneficiary and how any recovery may be distributed among surviving family members. Children may qualify as beneficiaries regardless of whether their parents were married. In some circumstances, the parents of the deceased mother may qualify in some circumstances, while other relatives or dependents may have rights under the laws of certain states.
An unmarried partner’s rights can be more complicated. Some states recognize particular domestic partnerships or other relationships for wrongful death purposes, while others do not.
Because eligibility varies by state, an attorney needs to identify the governing state law before determining which family member or dependents may participate in the case.
Does the family need to open an estate?
Sometimes, depending on state law and who is authorized to bring the claim.
When state law requires an executor, administrator, or personal representative to bring the action, someone may need to obtain formal authority through the probate or estate process before filing. This process establishes who has legal authority to act on behalf of the estate and pursue claims that belong to it.
That process may be necessary even when the mother did not leave a will. The absence of a will does not necessarily prevent a wrongful death claim. Courts have procedures for appointing administrators when someone dies without a valid will.
Because obtaining this legal authority can take time, families should address this question early. The applicable statute of limitations continues to run during the process unless an exception applies.
Who files a survival claim?
Maternal death litigation can involve both wrongful death and survival claims, but the two address different types of losses.
A wrongful death claim generally seeks compensation for losses suffered by qualifying survivors. A survival action, by contrast, continues a claim belonging to the woman who died and may address losses she experienced before death, such as medical expenses and, where permitted by state law, conscious pain and suffering.
Because the claims serve different purposes, the person authorized to pursue each claim may also differ. State law determines who has authority to pursue each claim and how any recovery is distributed.
The Killino Firm’s maternal death resource explains that the two types of claims can address different losses arising from the same fatal medical event. Families seeking a broader explanation of fatal negligence can also review The Killino Firm’s wrongful death lawyer resource.
What should a family do before filing?
The family can start by speaking with a lawyer who can determine which state’s laws applies, identify the proper plaintiff and beneficiaries, and find out whether an estate appointment is necessary.
At the same time, the legal team can begin investigating the underlying medical care. Maternal death cases may require prenatal records, labor and delivery records, nursing notes, medication logs, operative reports, postpartum records, pathology or autopsy findings, and review by qualified medical experts. At The Killino Firm, collecting these records and obtaining independent expert review are central to how we approach these investigations.
Families do not need to settle disagreements over who should file before speaking with an attorney. Getting legal advice early can clarify the roles of the estate, surviving relatives, and statutory beneficiaries before filing deadlines become a problem.
Get help determining who can bring the claim
After a mother dies, family members may have questions about who can bring a wrongful death claim and what rights each person may have. Wrongful death law adds another layer by assigning specific legal roles to the people left behind.
The Killino Firm represents families in complex maternal death, medical malpractice, and wrongful death cases nationwide. Our legal team can determine who has authority to file, identify the family members who may have rights under applicable law, and investigate whether negligent medical care caused the death.
Learn more about these cases on The Killino Firm’s Maternal Death Lawyer page, and schedule a free, confidential case evaluation to discuss your family’s legal options.Â
Clients are not responsible for legal fees or expenses unless a financial recovery is obtained.
