What You Should Know About Filing a Wrongful Death Claim for Medical Malpractice

It’s really heartbreaking to lose a loved one due to medical negligence. The surviving family members can have legal grounds to file a wrongful death claim if the medical malpractice caused the patient’s death. This action aims to seek compensation for all the damages the family has suffered.

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Understanding the legal process of a wrongful death lawsuit can help your family choose your options and hold medical professionals accountable for your loved one’s death. This guide will give you everything you need to know about wrongful death claims caused by medical malpractice.

Malpractice and Wrongful Death

Medical malpractice happens when a medical provider doesn’t meet the standard of care, leading to serious injuries or the victim’s death. A wrongful death claim is possible when the wrongful act, like medical errors, results in death.

You must prove medical malpractice and show that negligence caused the wrongful death. Your wrongful death lawyer will assist you in filing medical malpractice claims.

Who Should File a Wrongful Death Case?

Each state may have laws stating who can file a wrongful death claim. In most cases, these people can file it:

• The deceased’s children

• Surviving spouse

• The parents of a minor victim

Talking to a wrongful death attorney before filing can help you determine if you’re eligible and comply with state laws.

Proving Medical Malpractice in a Wrongful Death Lawsuit

You must show these elements to pursue compensation in a medical malpractice lawsuit:

• Doctor-Patient Relationship: The medical provider had duties to treat and care for the patient at the time.

• Breach of Duty: The provider made medical errors or deviated from the medical protocol.

• Causation: The wrongful act led to death.

• Damages: The surviving family’s losses include medical expenses and emotional suffering after the wrongful death occurred.

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Common Causes of Medical Malpractice Cases

These negligent actions cause medical malpractice that may lead to death:

• Surgical Errors: These happen when the anesthesiologist, surgeon, or other medical staff makes an error during surgery, including uncontrolled bleeding, nerve damage, or operating on the wrong body part.

• Misdiagnosis or Delayed Diagnosis: A patient may not get the right and timely treatment when the doctor incorrectly diagnoses their condition or gives a delayed one. These include failure to detect cancer or infection.

• Medication Errors: Incorrect dosages, allergic reactions, drug interactions, and giving the wrong drug can possibly harm or kill the patient.

• Birth Injuries: Excessive force during delivery can lead to brain injuries or spinal damage. If the medical provider fails to intervene in gestational diabetes or delays a cesarean section, the mother and child could die together. The mother might bleed a lot, and the child could be deprived of oxygen.

• Anesthesia Errors: Giving the incorrect dosage of anesthesia can cause a patient’s death. Too much can lead to respiratory failure, while too little can wake the patient up in the middle of the surgery.

Medical professionals are expected to follow strict protocols when treating and caring for the patient.

Compensation Available in Wrongful Death Cases

The victim’s family members are entitled to the following compensation when the medical malpractice leads to death:

Economic Damages

• Medical bills incurred during the victim’s final treatment

• Burial costs and funeral expenses

• Loss of financial support from the deceased if they were a working adult

Non-Economic Damages

• The family’s pain and suffering

• Loss of emotional support and companionship

• Mental anguish after the loved one’s death

The Legal Process of Filing a Wrongful Death Claim

You must undergo these key steps in filing a wrongful death claim to give justice to your dead loved one:

• Determine Eligibility: Assess if you’re eligible to file the claim. If you can’t do it yourself, you can let a personal representative of the deceased’s estate do it.

• Gather Evidence: You need to gather medical records, accident reports, and other documents to see how the defendant’s actions caused the death and prove liability. Your lawyer can do it for you if you don’t have the time.

• File the Claim: Submit the legal documents to the court within one to three years from the date of death. The statute of limitations for these claims may vary by state.

• Negotiate or Litigate: Many cases are settled out of court when the lawyer negotiates with insurance companies. If a fair settlement is impossible, the case goes to trial.

Consult an experienced wrongful death attorney to get the best and most appropriate legal representation throughout the entire process. They can guide you on how to get a higher chance of winning the case.

Final Thoughts

Filing a wrongful death claim because of medical malpractice after losing a family member or a loved one is crucial if you want to seek justice and be at peace. Understanding its process and proving the malpractice through strong evidence can help you get the compensation you deserve.

Don’t hesitate to ask for legal assistance from a competent wrongful death attorney to hold responsible parties accountable for their actions. Their knowledge, skills, and experience make a huge difference to the lawsuit you’re about to file.

By ML Staff. Images courtesy of Pexels