Wrongful Death Claims For Medical Malpractice
Losing a loved one due to the negligence of a hospital or medical practitioner can be very heartbreaking. The dependents of the deceased are usually left with huge economic and emotional losses that they deserve compensation for.
Here are guidelines on possible causes of death due to medical malpractice and the legal options available for you if you have lost a loved one to such negligence.
Forms of medical malpractice deaths
In order for a medical malpractice claim to stand any chance of being settled, a causal connection needs to be established between the death and a medical mistake by the defendant.
Infections from unsanitary hospital conditions are a leading cause of avoidable deaths in medical facilities, occurring when an unsterilized needle, IV or catheter is used as a conduit into the patient's bloodstream, causing a deadly infection.
Unnecessary or untimely deaths may also result from a misdiagnosis, where a doctor, lab technician or other hospital personnel fails to notice--or overlooks--certain symptoms or valuable diagnostic tests, leading to the misdiagnosis of the patient's underlying condition. Misdiagnosis can lead to the administration of the wrong drugs and loss of critical time for proper treatment, resulting in the death of the patient.
Failure to follow proper protocol during surgery is also a primary cause of avoidable deaths in patients, resulting in infections, severed nerves or arteries, and surgical tools being left inside the body, among many other medical problems that can cause death.
Legal remedies for medical malpractice deaths
In many of these cases, a legal claim can be filed against the medical practitioner for negligence, or the medical facility for using substandard medical equipment or failing to train medical staff properly. There are usually two legal remedies that the loved ones of the deceased can pursue.
First, the decedent's immediate family can bring a wrongful death action against the negligent medical practitioner, where they claim that their loved one died due to incompetence of that medical practitioner, leaving behind dependents who have suffered monetary and emotional loss. With the help of a lawyer, the family can push for maximum compensation for their loss by the defendant's insurer.
Alternatively, the executor of the decedent's estate (named in a will) can bring a survivor's action claim, requesting the court to pay the decedent's estate. The beneficiaries of such a claim are usually any individuals named in the will.
If you have lost a loved one to medical malpractice, talk to an experienced legal office like Allison & Rickards, Attorneys at Law, LLC to help you file a claim for compensation and seek justice for your loss.
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