Have you lost a loved one due to medical malpractice or a preventable medical error?
Your family may be able to hold the doctor liable for the death of a loved one and seek damages through a medical malpractice wrongful death lawsuit.
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 seek any damages in a court of law, even though they actually suffered financial harm due to losing a family member.
Lawmakers realized that this could actually incentivize doctors into letting patients die, and as such, all states now allow wrongful death claims to be brought by family members.
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:
The damages awarded in a wrongful death case depend on the pecuniary, or financial, losses. The courts assess these financial injuries by looking at medical and funeral expenses, the loss of support, services, 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 definitively shown that the medical professional (or staff) acted in a negligent manner, below the standard of care in the medical community. The negligence could be a result of a failure to diagnose, causing injury in a surgical procedure, a delay in providing appropriate treatment, etc.
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 malpractice, you owe it to your loved one to seek justice on their behalf.
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 for a free consultation at 1-877-405-4313. Together, we can fight against needless deaths at the hands of careless healthcare professionals.