19 Apr Wrongful Death as a Result of Medical Malpractice
A wrongful death lawsuit is filed when the victim dies as a result of the defendant’s negligence. The suit claims that the survivors of the victim are entitled to because of improper conduct on the part of the accused.
At one time, there was no provision for filing such a claim on the pretext that since the victim had already died; there was no way to compensate them. Consequently, the surviving family members could not claim damages in a court of law. However, with the passage of time, wrongful death laws have come into play and today all states have them in some form. This legal recourse allows compensation for persons who have been damaged as a result of the tragedy.
Each state has its own independent wrongful death laws so it’s important that you work with a wrongful death lawyer who knows how to navigate federal and local laws pertaining to wrongful death. There are also some elements that are common and form the basis of any such legal remedy. These include the fact that:
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- The death was a consequence of the conduct of the party being sued.
- There was negligence on the part of the defendant.
- There are survivors, dependents or beneficiaries.
- The death has caused monetary damages.
Although there is a almost infinite number of situations that can lead to a wrongful death, many instances of wrongful death are caused by medical malpractice or medical negligence. Some possible causes are:
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- Medication errors
- Birth injury
- Negligence
- Bacterial infections
- Surgical malpractice
- Misdiagnosis
The amount of damages awarded as a result of a successful wrongful death case depends on the perceived financial loss that occurred due to the death of the victim. The courts assess this by looking at the loss of support, services, medical and funeral expenses and the lost prospect of inheritance. The underlying goal is to ensure that the awarded damages are justifiable and fair to both parties. Interest from the date of death is even included in the award.
For a wrongful death case to be successful, it has to be proven beyond a shadow of doubt that the medical professional or staff member or members acted in a careless or dangerous manner.
Proving medical malpractice is not simple. The process is extensive and an enormous number of facts must be compiled. The extreme complexity of these types of cases makes it paramount to have an experienced, skilled attorney on your side. If you suspect you have lost a loved one due to medical negligence, you owe it to the deceased to seek justice.
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