Medical Malpractice Suits
Losing someone in death is never easy to accept. It is even harder to accept if a loved one passes due to wrongful death. It is hard enough that the family needs to grieve their loss and they still have to come to terms with the real cause of the victim’s death and face potential court struggles.
Wrongful death is a claim against a person who can be held liable for the death of another. Surviving members of the victim’s family may sue for wrongful death within the statutes provided for by the law in that particular state.
Justice for Wrongful Death
The elements of wrongful death should include the following for the case to be successful:
- A human being has died;
- The death was caused by the negligence of another person or the intent to inflict harm;
- Surviving family members of the deceased must suffer from monetary injury due to the death; and
- There should the appointment of a personal representative on behalf of the deceased.
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The following situations are the common circumstances that give way to wrongful death:
- Medical malpractice;
- Airplane accident;
- Automobile accident;
- Exposure to hazardous conditions or substances in the workplace;
- Criminal behavior; and
- Death that occurs while a supervised activity is ongoing.
Suing for Damages
Surviving members of a victim’s family who experience wrongful death may sue for pecuniary damages or losses that can be quantified in monetary terms. While it is difficult to give a monetary value to the life of a person, pecuniary losses can be determined by the following:
- Loss of guidance, care, and companionship
- Funeral expenses
- Loss of support or income
- Mental anguish of the surviving family
- Pain and suffering
- Loss of comfort, protection, marital care, counsel, attention, parental care, educational support, training, and guidance.
Understanding Medical Malpractice
Medical malpractice is a legal term used to describe a situation where a health care provider’s negligent behavior resulted in the harm or death of a patient. When medical malpractice is believed to have occurred in the death of a person, the surviving family members’ attorney must be able to strongly argue in court that a physician or medical service provider performed a breach or violation of the standard of care expected of their profession. It is then up to the court to weigh whether the breach or violation of these standards truly brought about the death of the victim.
However, if the court finds that the physician or healthcare provider’s breach or violation of the standards of their profession did not actually cause the harm or death of the patient, your case will no longer prosper.
We strongly advise that you get a skilled and experienced attorney to attend to the little details of filing a medical malpractice case. An attorney is in the best position to determine whether you have a strong case or not.
Examples of Medical Malpractice:
- Surgical errors
- Medication errors
- Delayed treatment
- Birth injuries
- Nursing home abuse by health care providers
A wrongful death case, whether by an accident or a medical malpractice, is something that you should tread on carefully. It means that you should be ready to make calculated risks if you really want the justice your loved one deserves.
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