San Antonio Maternal Death Lawyer
The wrongful death of a mother during or after pregnancy is nothing short of a tragedy. In many cases, it should never have happened. Texas was recently named the worst state to give birth in, with 80-90% of the deaths in pregnant women being preventable. Additionally, Bexar County has consistently received an “F” grade for its preterm birth rate. This is unacceptable.
When hospitals, doctors, midwives, doulas, or other healthcare providers miss warning signs, delay treatment, or don’t escalate medical care, this is considered medical negligence. Families can file wrongful death lawsuits in these situations.
Our law firm is one of three locally that have multiple attorneys who are Texas board-certified in personal injury trial law. The importance of this can’t be understated. Board-certification means that your San Antonio maternal death lawyer will have the expertise and willingness to take the case to trial, if needed. This means when we negotiate with insurance companies, they take our demands seriously.
San Antonio maternal-mortality lawyer Beth Janicek has spent over 30 years representing clients in birth injury and medical malpractice lawsuits. She understands the overwhelming grief that comes with the tragic loss of a loved one, makes negligent healthcare providers acknowledge this, and is committed to securing compensation, justice, answers, and accountability.
To schedule a free consultation, call 210-366-4949 or use our contact form. There is no fee unless we win. We have Spanish-speaking attorneys and can arrange home visits.
Texas Maternal Mortality Rate – The Crisis Behind The Numbers
Maternal mortality refers to the death of a woman during pregnancy, childbirth, or within 42 days of giving birth or miscarriage. This can occur from any cause related to or aggravated by the pregnancy or management, but it excludes all accidental or incidental causes. This rate is used to measure the healthcare system’s quality and identify systemic issues.
El U.S. has one of the highest maternal mortality rates among other developed nations, and Texas has one of the highest rates among the states in recent years, with a ~33% rise in maternal mortality, post-abortion ban. The rate is 155% higher than California’s.
The most recent Maternal Mortality Rate Report for reviewed medical records indicated that 90% of Texas maternal deaths were preventable. This means 90% of families can take legal action for medical negligence.
A 2025 Texas Advisory Committee report confirmed the state continues to be among the worst for maternal outcomes. It also identified a critical gap: the committee skipped comprehensive reviews for recent years. This means maternal deaths from 2022-2023 are still not completely documented in Texas.
Year | Black Women | White Women | Hispanic Women |
|---|---|---|---|
2024* | 55.7 | 29.4 | 24.3 |
2023 | 55.0 | 29.0 | 24.0 |
2022 | 56.4 | 29.1 | 24.1 |
2021 | 72.0 | 30.5 | 22.8 |
2020 | 39.0 | 16.1 | 22.2 |
2019 | 27.9 | 18.8 | 13.4 |
2018 | 43.1 | 16.5 | 13.5 |
2017 | 52.0 | 20.0 | 13.0 |
2016 | 50.0 | 18.0 | 12.0 |
2015 | 65.0 | 26.0 | 14.0 |
2014 | 68.0 | 28.0 | 16.0 |
2013 | 47.6 | 20.3 | 10.8 |
The racial disparities in the Texas maternal mortality rates are more concerning when you can see the trends:
- Black women in Texas die from pregnancy at 2.6 times the rate of white women. Discrimination is a contributing factor in ~12% of all these deaths. A black woman with a college education faces a 60% greater risk of maternal death than a white or Hispanic woman with less than a high school education.
- Infection contributes to 43% of maternal deaths in Texas Hispanic women.
- The leading cause of maternal death in Texas is obstetric hemorrhage, which is widely considered a result of medical negligence.
When so many tragedies could have been prevented, the question isn’t whether something is wrong; it’s who can be held accountable. Our San Antonio maternal death attorneys investigate every angle and help families identify their legal options to seek compensation and justice.
Common Causes of Maternal Mortality in Bexar County
The most common causes of maternal death in Bexar County include the following:
Cause of Maternal Death | How Medical Negligence Contributes | Warning Signs That Were Missed or Ignored |
|---|---|---|
Hemorragia post parto | The leading cause of maternal mortality in Texas. Failure to monitor blood loss, recognize hemorrhage risk factors, or intervene surgically in time | Reports of heavy bleeding |
Failure to diagnose high blood pressure, order tests, or transfer pregnant women to a high-risk specialist. Eclampsia can lead to seizures, strokes, or organ failure. | Headaches, vision changes, swelling, and increased pressure readings | |
Pregnancy and postpartum infections and sepsis | Results from medical professionals’ failure to diagnose and treat infections like UTI, kidney infection, pneumonia, and chorioamnionitis during pregnancy, labor, delivery, miscarriage, or other pregnancy-related complications. Nre can lead to retained tissue, uterine, perineal wound, and C-section infections. Both are serious complications that progress to sepsis when untreated. | Fever, chills, burning while urinating, stomach or back pain, discharge odor, confusion, elevated heart rate, heavy bleeding, redness or drainage, and weakness |
Desprendimiento de la placenta | Premature separation of the placenta, not promptly identified or treated, delays emergency delivery | Vaginal bleeding, abdominal pain, and uterine rigidity that aren’t escalated |
Delayed C-section and surgery complications | Delay in delivering when emergency signs show the mother needs immediate surgical intervention. | Severe bleeding, abdominal pain, placental abruption, uterine rupture, maternal distress, or negligent response to abnormal monitoring |
Blood clots and pulmonary embolism | Failure to assess DVT risk, prescribe anticoagulant prophylaxis, or recognize signs of a blood clot in postpartum care. | Leg pain, swelling, shortness of breath |
Healthcare providers failing to recognize risk factors, like prior c-sections, uterine surgery or scarring, placenta previa, multiple prior pregnancies, advanced maternal age, IVF, and endometrial ablation, or prepare for high-risk or pre-existing conditions. | Symptoms include third-trimester bleeding, bladder or pelvic pain, or blood in the urine. | |
Amniotic fluid embolism (AFE) | Amniotic fluid enters the mother’s bloodstream, triggering a reaction that can result in fatal cardiovascular conditions and postpartum hemorrhage. Immediate resuscitation is necessary. | Survival depends entirely on timely intervention. |
Ectopic pregnancy | Occurs when healthcare providers miss a pregnancy implanted outside the uterus before a rupture. Ectopic pregnancy hemorrhage is nearly always survivable with a timely diagnosis. | Shoulder or pelvic pain, rising hCG with an empty uterus, or vaginal bleeding |
Delayed diagnosis or treatment of placental abruption, severe hemorrhage, eclampsia, sepsis, or retained placental tissue. | Severe bleeding, oozing from IV/incision sites, bruising, falling blood pressure, rapid heart rate, weakness, confusion, and more. | |
Ruptura uterina | Failure to monitor labor progression, excessive use of labor-inducing drugs, or not performing a timely C-section in VBAC patients. | Severe pain, shock or collapse, heavy bleeding, loss of blood pressure, signs of distress in the mother |
A life-threatening complication involving liver damage and platelet destruction. HELLP is often misdiagnosed as flu, heartburn, and anxiety. | Nausea, upper right stomach pain, and overall “not feeling well.” | |
Postpartum depression (PPD) and suicide | ~27% of maternal deaths in Texas are due to suicide and homicide. When healthcare providers don’t screen for or treat postpartum depression, psychosis, or anxiety, they can be held responsible. | Expressed distress, hopelessness, mood changes, or concerning behavior were ignored during postpartum care, with no mental health referral made |
Peripartum cardiomyopathy | A form of heart failure developing late in pregnancy or after birth. Peripartum cardiomyopathy is often mistaken as “part of being a “new mother.” | Shortness of breath, swelling in the legs, fatigue, chest discomfort, and palpitations |
Gestational diabetes complications | Uncontrolled blood sugar leading to macrosomia, eclampsia, or cardiovascular events | Missed screening or failure to manage after diagnosis |
Oxygen deprivation during epidural or general anesthesia. Medication errors in dosage, intubation failure, or not monitoring oxygen levels. | Loss of consciousness, respiratory depression, or cardiac changes during or after anesthesia administration |
If a loved one’s death resulted from one of these events, a San Antonio maternal injury attorney can help your family file a medical malpractice lawsuit for wrongful death. To learn more, contact our attorneys to discuss your legal options.
Common Causes of Pregnancy-Related Deaths in Bexar County
Our San Antonio pregnancy-related death lawyers help seek justice and compensation for fatal pregnancy complications, such as the following:
Pregnancy-related complication | What Is The Pregnancy Complication? | Trimester it occurs in |
|---|---|---|
Ectopic pregnancy | A pregnancy implanted outside the uterus that stops growing, doesn’t pass on its own, and causes infection, DIC, sepsis, and death. Some grow and rupture, causing death. | 1 |
Cardiovascular conditions | Heart disease, peripartum cardiomyopathy, and undiagnosed medical conditions, where the physical demands of being pregnant kill the mother. | Any |
Preeclampsia and HELLP syndrome | Dangerously high blood pressure that can escalate to strokes, brain, kidney, or liver damage before childbirth. | 2 (after 20 weeks) |
Ataque | Bleeding in or around the brain is triggered by high blood pressure, blood clot disorders, or cerebral venous thrombosis. | Any |
Blood clots and pulmonary embolism | A clot (typically in the lungs) that cuts off blood flow and oxygen. Risk rises with each trimester. | Any |
Sepsis during pregnancy | Bacterial infection from a urinary tract infection, appendicitis, or chorioamnionitis that escalates to septic shock before childbirth. | Any |
Placenta previa hemorrhage | Abnormal placental positioning that causes severe bleeding before childbirth. | 3 |
Gestational diabetes complications | Unmanaged blood sugar causes cardiovascular events, severe preeclampsia, or organ failure before childbirth. | 2 or 3 |
Trauma and injury | Vehicle accidents, falls, and domestic violence are all common causes of death in pregnant women. | Any |
Our San Antonio maternal death lawyer team helps families seek justice and financial compensation for the wrongful death of pregnant women throughout Bexar County. If you lost a loved one before, during, or shortly after childbirth, an attorney can provide experienced legal representation for medical malpractice cases in San Antonio. If you need dedicated assistance, consult an attorney who can explain the legal process.
Why Bexar County Maternal Death Rates are Higher in Underserved Communities
In Bexar County, income, zip code, and racial disparities are documented predictors of severe complications and maternal mortality rates.
Unequal access to prenatal care in Bexar County:
In 2023, first-trimester prenatal care declined from 75% in 2019 to 60%. Geographical, age, ethnicity, and racial disparities persist across every metric. Bexar County patients in the highest-access areas are 1.7x more likely to receive first-trimester prenatal care than those in the lowest-served.
Racial disparities during pregnancy in Bexar County:
Pregnant Black Women | Pregnant White Women | |
Early prenatal care | 73% | 84% |
Early childbirth | 15% | 11% |
Underweight babies | 14% | 8% |
A 2024 report outlined that pregnant black women in San Antonio:
- 20% received less pain management,
- 30% reported being mistreated, and
- 21% received inadequate prenatal care.
Additionally, Hispanic and black women in Bexar County were less likely to have access to postpartum care.
Your race should never determine your quality of medical care. Our San Antonio maternal death lawyers can help families seek justice and compensation. For decades, our medical malpractice lawyers have fought for accountability on behalf of black and Hispanic communities, including the following areas:
Higher risk for pregnant women in lower-income areas:
62.5% of women living in high-earning zip codes are referred to a hospital by a physician, compared to 26% of those living in lower-earning ZIP codes, like 78255. This reflects a near-complete absence of an established doctor-patient relationship.
Lack of medical care in specific areas:
Adjacent counties, like Bandera County, Atascosa County, and Wilson County, are classified as maternity care deserts. Additionally, patients in Frio and Karnes counties have to drive over 30 minutes to reach obstetric care in obstetric emergencies.
When OBGYNs fail to account for travel time, our San Antonio maternal death lawyers can help your family pursue a wrongful death claim. Our medical malpractice lawyers have provided legal representation for numerous birth injuries in Cibolo, TX, for this very reason.
Failure to address symptoms leading to the deaths of pregnant women in San Antonio:
Women, in general, aren’t taken seriously in Bexar County healthcare settings. Being ignored can turn a serious medical condition into a fatality. If a physician dismissed symptoms, this isn’t just a medical error; it’s medical negligence you can sue for.
A mother’s race, paycheck, or language should never decide whether she lives, but it often does. Our San Antonio maternal death lawyer team represents clients throughout Bexar County and surrounding areas. If your loved one’s concerns were dismissed, ignored, or minimized, you hold them responsible through a wrongful death claim.
Who Can File a Wrongful Death Claim for Maternal Death in Texas
Under the Texas Wrongful Death Act, specific surviving family members can pursue maternal death claims:
Eligible Filer | What They Can Recover |
Spouse | Lost income and financial support, lost companionship, mental anguish, loss of household services |
Children | Lost parental support, guidance, care, and emotional companionship |
Parents of the deceased | Mental anguish and loss of companionship |
Estate (through Survival Action) | Medical expenses, funeral and burial expenses, conscious pain and suffering before death |
If eligible surviving family members take legal action within 3 months, the estate’s personal representative can file a survival action.
If your loved one died from pregnancy or childbirth complications, contact a San Antonio maternal death lawyer to determine who can pursue a wrongful death claim. Legal representation for wrongful death in San Antonio ensures victims recover the maximum compensation available under Texas law.
Seeking Justice for Maternal Death in San Antonio – Financial Compensation Available After Fatal Pregnancies and Birth Injuries
Our San Antonio maternal death lawyers negotiate tirelessly for fair compensation. If the settlement offer doesn’t compensate for the following, we take the case to court:
Damage Type | What It Covers |
Gastos médicos | All pregnancy, labor, and postpartum medical expenses related to the mother’s death |
Funeral and burial costs | All reasonable burial costs and funeral expenses incurred |
Lost financial support | Lost income the mother would have earned and contributed |
Lost household services | The economic value of caregiving, household management, and unpaid labor |
Angustia mental | Emotional and psychological suffering of spouses, children, and parents |
Loss of companionship and consortium | The relationship and presence that the family lost |
Pre-death pain and suffering | What the mother experienced before her death (through Survival Actions) |
Daños punitivos | Available when the defendant acted with gross negligence |
Texas medical malpractice damage caps: Non-economic damages in medical malpractice cases are capped at $250,000 per provider and up to $500,000 against multiple healthcare institutions. There is no cap for economic damages, like medical expenses, lost wages, or lifetime support.
We provide legal assistance for San Antonio birth injury and survival actions in the aftermath of a mother’s or pregnant woman’s death. For compassionate support and skilled legal representation, consult a San Antonio maternal death lawyer from our firm.
The San Antonio Maternal Death Lawsuit Process
Step | What Happens |
Free evaluation | A San Antonio maternal death lawyer reviews medical records and circumstances at no cost |
Records collection | Our legal team collects medical records, including: hospital, prenatal, labor and delivery, emergency room, clinic, and postpartum records |
Medical expert review | We hire the best medical experts, including obstetricians, MFM specialists, emergency room staff, or anesthesiologists, to substantiate the case. |
Filing wrongful death lawsuits | We file in Bexar County District Court within Texas’s 2-year deadline (Tex. Civ. Prac. & Rem. Code § 16.003) |
120-day expert report | Your San Antonio maternal death attorney submits the required expert report within 120 days of filing. |
Discovery and depositions | Records, witness statements, and expert testimony are exchanged between parties. |
Settlement or trial | In most cases, we’re able to effectively negotiate with insurance companies for substantial settlements. If they refuse to offer fair compensation, we’ll litigate the case. |
Potential Healthcare Providers and Hospitals Responsible for Maternal Deaths in San Antonio
Our maternal death attorneys help victims of San Antonio hospital negligence throughout Bexar County. We provide dedicated assistance throughout the legal process for claims against:
San Antonio Maternal Death Attorney Team Serving Bexar County and Surrounding Areas
Our San Antonio maternal death lawyer team provides legal representation and compassionate support for all of San Antonio and surrounding areas, including North Side, South Side, East Side, West Side, Downtown, Medical Center, Stone Oak, Alamo Heights, and Alamo Ranch.
Area | Areas our San Antonio Maternal Death Attorneys Serve |
North / Hill Country | Boerne, Bulverde, Helotes, Leon Springs, Fair Oaks Ranch, Spring Branch, Timberwood Park |
Northeast San Antonio | Schertz, Selma, and Garden Ridge |
I-35 Corridor | Converse OBGYN claims, Universal City OBGYN claims, y Live Oak OBGYN claims |
Underserved South / Southwest Bexar | Pleasanton, Floresville, Atascosa, Lytle, Devine, and Castroville |
Austin / Central Texas Corridor | Kyle OBGYN claims, San Marcos OBGYN claims, Seguin OBGYN claims, y New Braunfels OBGYN claims |
South Texas / Rio Grande Valley | Laredo, Harlingen, and McAllen cases |
Rural Surrounding Counties | Atascosa County, Wilson County, Karnes County, Frio County, Medina County, and Guadalupe County |
Hill Country Extended | Bandera, Blanco, Boerne, Comfort, Fredericksburg, Junction, Kerrville OBGYN malpractice claims |
San Antonio Maternal Death Law Firm FAQs
How long do I have to file a maternal death lawsuit in Texas?
Under Texas law § 16.003, you generally have two years from the date of death. You must also include an expert report within 120 days for medical malpractice. Exceptions include:
- Child claimants have until two years after their 18th birthday to to take legal action.
- If you’re suing federal facilities, like BAMC, the statute of limitations is still two years but has much more stringent requirements. If a federal agency denies an administrative claim or if 6 months pass without a decision, you have 6 months to file in federal court.
Consult a maternal mortality attorney immediately.
Can you sue for postpartum hemorrhage in Texas?
Yes, if the hemorrhage was caused or worsened by negligent care, such as untimely care, missed warning signs, poor monitoring, or anything that fell below the accepted standard of care.
Who is liable when someone commits suicide from postpartum depression?
Potentially responsible parties can include OBGYN, hospital, or other providers who didn’t screen, diagnose, or address serious signs of PPD. Responsibility depends on the specific circumstances and whether a provider’s negligence contributed.
How does heart disease affect pregnancy, and do I have a claim for wrongful death?
Cardiac disease or pregnancy-related cardiomyopathy is a life-threatening complication. If a physician doesn’t respond appropriately to warning signs and that failure results in a fatality, you may have a valid claim.
What causes sepsis in pregnancy, and when to hire an attorney?
Pregnancy-related sepsis can develop from untreated infections, C-section or delivery wounds, retained tissue, infected amniotic fluid, UTIs, or other serious medical conditions that go untreated. Sepsis is never a pre-existing condition, so you should contact a maternal mortality attorney immediately.
How do I know if my loved one's death was preventable?
80-90% of maternal mortality cases in Texas are classified as preventable. If a healthcare professional ignored chest pain, serious bleeding, or other signals, if they failed to perform surgery quickly, if there were anesthesia complications, or if the patient was discharged quickly, your loved one’s passing was likely the result of medical negligence. Our maternal mortality attorneys obtain medical records and hire qualified experts to substantiate cases for free.
Can I sue if my loved one was on Medicaid or uninsured?
Yes, you can sue regardless of insurance status. Hospitals and providers owe the same standard of care regardless of payment types. Our maternal death attorneys in San Antonio represent low-income and uninsured patients after preventable deaths.
What if a loved one died at a base or VA hospital?
Maternal deaths at BAMC, Wilford Hall, or other military facilities fall under the Federal Tort Claims Act. FTCA claims have separate requirements and much stricter statute of limitations periods. Our firm handles FTCA maternal death cases for military families and dependents.
How much does a San Antonio maternal death lawyer cost?
Nothing up front. Our maternal death lawyers in San Antonio work on a contingency fee basis. This means you don’t pay anything unless we recover financial compensation.
Contact a San Antonio Maternal Mortality Lawyer For a Free Consultation
If you’re facing the devastating loss of a wife, partner, or child, a San Antonio maternal mortality attorney from our law firm can answer your questions and support you through the legal process of seeking justice and compensation. Clients don’t pay anything unless we win their cases. Our personal injury law firm in San Antonio, TX, has Spanish-speaking attorneys on staff, and we can arrange home visits.
Llamar 210-366-4949 or use the contact form para programar una consulta gratuita.
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