In the face of a loved one’s unexpected death, grieving families are left heartbroken and question the actions of medical professionals entrusted. When such a loss is suspected to result from negligence, the complexities of medical malpractice and wrongful death cases arise. There are some measures of solace in the wake of tragedy.
Statista reported that in the last quarter of 2023, the healthcare industry had the highest number of wrongful death cases. There have been 43 cases of negligence/wrongful death cases in the industry since the outbreak of COVID-19.
In this article, we will explore the legal avenues available to navigate these situations, guiding readers through seeking justice.
Understanding Medical Malpractice Wrongful Death
The term medical malpractice refers to incidents when a healthcare provider, through negligence, diverges from the accepted level of care expected in their service. This could be a misdiagnosis, an error in the surgical process, or a failure to order compulsory tests.
Forbes states that one in every three healthcare providers is sued for malpractice during their service. 3-15% of medical interventions face avoidable errors by healthcare professionals. The most prevalent malpractice in medical service is prescription errors. These malpractices lead to personal injuries and in many cases, deaths.
When this deviation leads to a patient’s death, it becomes a wrongful death – a death that could have been prevented with proper medical care. Essentially, wrongful death in this context arises from a healthcare provider’s breach of duty, causing a fatality that wouldn’t have occurred otherwise.
FAQ: What constitutes medical malpractice leading to wrongful death?
Medical errors in a wrongful death case occur when a healthcare provider is negligent. It could be a misdiagnosis, surgical error, or missed treatment – that deviates from the expected standard of care and directly causes a death.
Steps to Pursue Justice
The initial steps to pursue justice in a medical malpractice wrongful death case involve consulting with a qualified medical malpractice attorney. The legal experts will help you to go through the legal journey easily.
1: Gathering Evidence
The National Library of Medicine considers medical malpractice as a serious problem in the healthcare industry. It is the 3rd main reason for all the deaths in America. Around 2,00,000 die each year due to preventable medical errors. Gathering evidence is the backbone of a strong medical malpractice wrongful death claim.
It involves obtaining comprehensive medical records detailing the deceased’s medical history, diagnosis, treatment plan, and, ultimately, the cause of death. An autopsy report can be crucial in pinpointing any medical errors.
Additionally, witness statements from family members who interacted with medical staff can shed light on the sequence of events. Also, the hospital staff who observed concerning practices must be monitored closely.
FAQ: How do families collect evidence for a medical malpractice wrongful death case?
Building their case, families typically gather key evidence for a wrongful death lawsuit. This includes collecting medical records, autopsy reports, and witness statements from both family members and hospital staff. These materials clarify the deceased’s medical history, cause of death, and any instances where adequate care may have been lacking.
2: Consulting with Legal Experts
According to Atlanta Personal Injury Law Firm, the wrongful death claims fall under personal injury claims. It is also known as Tort Law. The purpose of this personal injury law is to win compensation on behalf of the deceased for his family. It is meant to compensate the close family members after suffering harm due to someone else’s negligence or intentional action.
Consulting with legal experts is paramount in navigating the intricacies of a medical malpractice wrongful death case. These experts can review medical records, analyze the standard of care in the specific situation, and provide crucial opinions on whether negligence occurred. This combined expertise is essential for building a compelling case that demonstrates a healthcare provider’s breach of duty and connection to the death.
For instance, as reported by 11 Alive News, a Metro Atlanta family was given $8.5M as compensation in a wrongful death case. The family lost their son, John Pieraccin, after improper treatment by doctors. He was suffering from anxiety disorders and was receiving treatment from a doctor. After his suicide, it was found that there was a gap in his treatment, which led him to suicidal thoughts and ultimately suicide.
If you find yourself stuck in a similar case of wrongful death, you can take the help of an Atlanta personal injury attorney. They will ensure that you get the best reimbursement for your loss.
3: Filing the Lawsuit
Filing the lawsuit formally initiates the legal process in a wrongful death case due to medical error. This involves adhering to strict timelines established by your state’s statute of limitations, which dictates the window of opportunity to file a claim.
Your attorney will draft the lawsuit outlining the specific allegations of negligence against the healthcare provider(s) and the damages suffered by your family. Once filed with the court, the legal battle begins, allowing both sides to gather further evidence and prepare for trial.
A study posted by Consumer Shield estimates that each year, millions of people are injured, and thousands of them die due to medical errors. However, only 1% of them file a lawsuit against the culprits. It shows that only a fraction of sufferers take legal recourse.
FAQ: Who can file a wrongful death lawsuit in a medical malpractice case?
Losing a loved one due to medical malpractice is devastating. The law allows immediate family, like spouses, children, and parents, to file a wrongful death lawsuit. This lawsuit seeks compensation for financial losses and the emotional toll of their loss.
Establishing Damages and Compensation
The damages due to the loss of a loved one can be different. This includes financial losses such as medical bills accrued before your loved one’s passing. It also includes the lost income they would have provided, as well as the cost of funeral and burial arrangements.
Forbes explains that it can be paid in a one-time lump sum amount or as a structured amount. The structured settlement amount is given at regular intervals for a specified period.
Non-economic damages aim to reimburse for intangible losses, like the emotional pain and suffering of surviving family members. It also covers loss of companionship and guidance and the overall effect on your life quality. The awarded compensation amount serves to not only provide some financial security but also hold the healthcare provider accountable for their negligence.
Challenges and Legal Considerations
Medical malpractice wrongful death cases are fraught with challenges and legal considerations. The proof load rests heavily on the claimant, requiring them to validate the facts. They need to explain that a healthcare professional’s clear aberration from the standard of care directly caused the death of your relative.
Additionally, complex medical jargon and defensive strategies employed by the healthcare provider’s legal team can further complicate the process. Considering these challenges and crossing the legal landscape with a skilled medical malpractice attorney is crucial to maximizing your probability of a successful result.
On a closing note, the path to justice in medical malpractice wrongful death cases can be challenging. However, it can ultimately provide accountability and compensation to families affected by such tragedies. By understanding the legal process, you can navigate this challenging journey with greater clarity and the potential for a successful outcome.
