Losing a loved one is difficult. When a family believes the loss of this individual is the result of medical malpractice, they want justice. Medical professionals have a duty of care. When they violate the duty, family members may pursue a wrongful death lawsuit.
Contents
What is Wrongful Death?
Suppose a medical professional acts negligently or carelessly or engages in an unlawful act, and their actions lead to the death of a patient. In that case, family members may seek help from a lawyer to file a wrongful death case. However, a wrongful death suit may be pursued when a family believes their loved one has been a victim of nursing home abuse or negligence, when a person is the victim of an assault, or when a defective medical device harms them. Wrongful death suits may be filed for other reasons, as well.
Medical Malpractice
Medical malpractice is a common reason people file wrongful death suits. Anytime a medical professional has acted negligently, and the patient is injured or dies due to their actions, they have the right to file this suit. To prove this suit, the patient must show that the medical professional did not follow the established professional standard of care. They must show that this substandard care directly resulted in the loss of their loved one.
The medical professional may fail to diagnose the patient correctly or delay a diagnosis. For example, they may misinterpret test results, which leads to a delayed diagnosis. Hospitals may prematurely discharge a patient, leading to medical complications, or a surgeon might leave a tool behind in a patient’s body. Pharmacists may also be named in a medical malpractice suit if they give a person the wrong medication or dosage. Medical malpractice suits are not limited strictly to doctors.
Proving Negligence
For a wrongful death suit to be successful, the person filing the suit must show specific things. This individual must show that the deceased had a professional relationship with the medical professional, so the professional owed them the duty of care. The professional breached this duty, which led directly to the patient’s death.
Filing a Wrongful Death Suit
Filing a wrongful death suit will not bring the deceased back. What it will do is allow those who remain to obtain justice on behalf of the individual who lost their life. When filing the suit, the person must know who to name in the suit. The attorney can assist them in making this determination.
Damages
In addition to determining who to name in the suit, the family must know which damages to seek. They may seek compensation for negligence, general damages, and special damages. The child or spouse of the deceased may file a dependency claim to replace the lost financial support they received. This financial support may include future losses and contributions the deceased made to the household. A person might also seek damages for mental harm, pain and suffering, travel expenses, and more.
People should work with an attorney to seek compensation for wrongful death. The compensation they may receive will depend on many factors, including the state they live in and the circumstances of the loved one’s death. An attorney will help them understand their legal options and how to proceed to ensure those responsible for their loved one’s death are held accountable and that family members receive compensation for the loss of this individual.
