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.
Although each state has its own independent wrongful death laws, there are some elements that are common and form the basis of any such legal remedy. These include the fact that:
- 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.
A number of circumstances may result in a wrongful death because of medical malpractice. Some of these are:
- Medication errors
- Bacterial infections
- Surgical malpractice
- Birth injury
The damages awarded in a wrongful death case depend on the pecuniary, or financial, loss. The courts assess these financial injuries by looking at the loss of support, services, medical and funeral expenses and the lost prospect of inheritance. The basic premise, however, is to always ensure that the awarded damages are just and fair. In fact, interest from the date of death is also included in the award.
In order for a wrongful death claim to be successful, it must be proved by a wrongful death lawyer beyond doubt that the medical professional or staff acted in a negligent manner. The negligence could be a result of a failure to diagnose the exact ailment, causing injury in a surgical procedure or a delay in providing appropriate treatment.
Proving medical malpractice, however, is not simple. There are a lot of formalities that need to be taken care of. A lot of facts need to be established as well. If you suspect you have lost a loved one due to carelessness, you owe it to the deceased to seek justice.
Our Dallas medical malpractice lawyers have extensive experience handling wrongful death cases and can use this experience and our vast resources to fight for the justice that you and your family deserve. If you have lost somebody close to you because of the negligent or careless actions of a medical professional, please, contact us today. Together, we can fight against needless deaths at the hands of careless healthcare professionals.