Should You File a Wrongful Death Lawsuit for Medical Malpractice?

Should You File a Wrongful Death Lawsuit for Medical Malpractice?

Enduring the loss of a loved one due to medical malpractice is a painful experience. Besides the grief of unexpected death, families are left with their trust of healthcare professionals altered forever.

One option for families is to file a wrongful death lawsuit. Not only can successful litigation help recoup significant financial losses; it can also bring survivors a sense of closure. 

Do you have a case for a wrongful death suit due to malpractice? Read on to find out what you should expect.

Who Can File For Wrongful Death?

The closest living relative of the deceased will often be the one to file. This could be a spouse, parent, or child. This person should also be the administrator or executor of the departed’s estate.

It’s important for the surviving family to agree on a representative to act on the deceased’s behalf. Should there be a dispute as to the chosen representative, a court of law may have to resolve to appoint someone. 

Who Is Liable?

Both hospitals and doctors hold potential liability in malpractice cases. Each state has unique laws on medical malpractice. Which party is responsible will rely heavily on the specific situation that led to death.

Medical mistakes are now the third leading cause of death in the US. The umbrella encompassing those responsible is a large one, so there could be many potential defendants in a wrongful death suit. You can read more here about who can be guilty of medical errors in this article from the Law Office of Scott D DeSalvo. 

What Damages Can I Claim?

Each state has rules on what damages can be recovered in a wrongful death case. In general, though, there are a few different types of damages that a deceased’s family is eligible for.

Customary damages can be lost earnings and employment benefits caused by unresolved illness. Medical bills and funeral expenses are often covered as well. Some states also allow a dollar amount to be placed on the pain and suffering of the deceased and their family. 

If the deceased was a financial supporter of plaintiffs in the case, damages may also be awarded to offset the loss of support and income due to the untimely death. The burden of proof falls on the family to show that they were financially supported, and by how much. 

Repayment of the deceased’s “expected contributions” might include college tuition, spousal support for the widow or widower, and other long-term payments. 

Contact a Wrongful Death Lawyer

If you’ve lost a loved one due to medical error or negligence, you have a short window in which to file for legal action. Prosecuting the responsible party can ease the financial burden of funeral expenses and protect the family from losses in income and assistance previously provided by the deceased. 

Navigating the restrictions of medical malpractice laws can be confusing, especially for a family still grieving. Wrongful death suits are best handled by a law professional with experience in criminal malpractice.

If you need help finding someone to represent your case, check out our guide on how to find the best medical malpractice lawyers.

0 Comments

  1. Tanya Obrien

    February 16, 2019

    I can’t believe that there are people that undergo these type of horrors. I’m in amaze by the fact that these traumatized people will then have to revisit doctors similar to the person who killed their loved one.

  2. Tanya Obrien

    February 16, 2019

    I can’t believe that there are people that undergo these type of horrors. I’m in amaze by the fact that these traumatized people will then have to revisit doctors similar to the person who killed their loved one.

  3. Justin W

    February 16, 2019

    I believe that you shouldn’t file a wrongful death lawsuit on someone who was only trying to do their best for that individual. Otherwise, if it was in any way purposeful I would do it immediately.

  4. Justin W

    February 16, 2019

    I believe that you shouldn’t file a wrongful death lawsuit on someone who was only trying to do their best for that individual. Otherwise, if it was in any way purposeful I would do it immediately.

  5. Dylan W

    February 16, 2019

    If this has happened to me in the past… am I allowed to share this to the courts if I have evidence of the event? I think it might be a case that would win, plus the compensation would be nice from winning the trial.

  6. Dylan W

    February 16, 2019

    If this has happened to me in the past… am I allowed to share this to the courts if I have evidence of the event? I think it might be a case that would win, plus the compensation would be nice from winning the trial.

  7. Danny

    February 16, 2019

    Are there limits on when you can file for this. For example, if someone wants to bring this to court years later from the actual time it took place. Would it still be tried and could potentially be valid?

  8. Danny

    February 16, 2019

    Are there limits on when you can file for this. For example, if someone wants to bring this to court years later from the actual time it took place. Would it still be tried and could potentially be valid?

  9. Jan Drew

    February 16, 2019

    Are there special lawyers that deal in these type of cases or would any general lawyer be able to figure out these complexities? Would save me a lot of time and money to know that question. Thanks for any time you take to respond.

  10. Jan Drew

    February 16, 2019

    Are there special lawyers that deal in these type of cases or would any general lawyer be able to figure out these complexities? Would save me a lot of time and money to know that question. Thanks for any time you take to respond.

  11. Randy C

    February 16, 2019

    I’m wondering if these type of cases are normally successful. I’ve never actually been to court, so I have no clue how the system works. However, it seems to me that this type of case would be near impossible to come to a conclusion about.

  12. Randy C

    February 16, 2019

    I’m wondering if these type of cases are normally successful. I’ve never actually been to court, so I have no clue how the system works. However, it seems to me that this type of case would be near impossible to come to a conclusion about.

  13. Colton Wells

    February 16, 2019

    I’ve had a friend who ended up having to go through a proceeding as such. Nasty situation; however, at the end of the day it’s about who you surround yourself in the present. Also, if you do go through this type of situation make sure you are close and friends with your lawyer. They’re going to need to be your best friend to win a case like this.

  14. Colton Wells

    February 16, 2019

    I’ve had a friend who ended up having to go through a proceeding as such. Nasty situation; however, at the end of the day it’s about who you surround yourself in the present. Also, if you do go through this type of situation make sure you are close and friends with your lawyer. They’re going to need to be your best friend to win a case like this.

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