Nothing can ever truly replace a loved one or fill the void they leave behind. If you’ve lost someone due to another’s negligence, it’s natural to feel overwhelmed with grief, anger, and frustration. While no legal action can undo the pain, pursuing a claim can help ease some of the financial burdens caused by wrongful death.
In this article, we’ll explore how medical malpractice and wrongful death claims overlap, when it’s time to contact a wrongful death attorney, and what pursuing a claim could mean for you and your family.
Medical Malpractice vs. Wrongful Death Claims
Not every wrongful death is due to medical malpractice, and not every case of medical malpractice ends in death. Let’s break down what these terms mean.
Medical Malpractice Defined
Medical malpractice is any instance where negligence from a medical professional leads to injury or harm to a patient. This can include things like misdiagnosis, surgical error, medication error, or failure to treat.
What Is a Wrongful Death Claim?
A wrongful death claim is the result of negligent, reckless, or intentionally destructive behavior that leads to one or more deaths. This could include a car accident, workplace incident, or medical malpractice.
How Do These Claims Intersect?
When a case of medical negligence leads to the death of a patient, these claims can overlap, leading to a lawsuit addressing multiple claims.
Who Can File a Medical Malpractice Wrongful Death Lawsuit?
Unlike a personal injury case, the person directly affected in a wrongful death claim is no longer able to file a lawsuit on their own. Instead, the law allows a limited group of individuals to pursue the claim on their behalf. A wrongful death attorney can guide you through this process and ensure your rights are protected every step of the way.
Eligible Family Members
If someone’s wrongful act or neglect causes a death, the deceased’s heirs or representatives can sue for damages, either against the responsible person or their employer if applicable. These possible heirs include:
- Spouses: The decedent’s legal wife or husband.
- Children: Natural or adopted children, regardless of dependency.
- Parents: The person’s natural or adopted parents.
- Other blood relatives: If the deceased person is not survived by a spouse, child, or parent.
A personal representative may also file the claim on behalf of the heirs.
What You Need to Prove
To file a medical malpractice wrongful death claim, you need to prove a few different things.
1. A Breach of Duty of Care
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient. This can include serious errors such as prescribing the wrong medication or dosage, or leaving a surgical instrument inside the body after a procedure.
2. Causation
The next thing to prove is that the adverse effects were caused by the malpractice. This can sometimes be difficult to prove, since the defense may argue that the harm was due to underlying medical conditions. It’s important to confer with other medical professionals and get expert opinions. The best cases are built on quality evidence.
3. Damages
When you sue for damages, they need to be quantified. This can include a variety of sources connected to the wrongful death of a loved one, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Emotional suffering or loss of companionship
Having substantial proof and documentation in these areas will help you build a strong case. Your wrongful death lawyer will also be able to help you know where to look.
Time Limits to File a Claim
There may be a statute of limitations that limits the amount of time within which you can file a claim for a specific incident. It’s important to start as soon as you can to gather evidence and allow your legal team to prepare a case.
When Should You Speak With a Medical Malpractice Attorney?
A medical malpractice attorney can evaluate the details of your situation, determine whether you have a valid claim, and build a strong case on your behalf.
What an Attorney Can Do for You
- Review the Facts: They work to understand the details of your case to determine if you are a victim of malpractice and if you’re within the deadline set by the statute of limitations.
- Collaborate With Experts: They can help build your case by connecting with trustworthy medical professionals to collect evidence for a good case.
- Explain Your Rights: They are well-versed in the ins and outs of malpractice law and can help you understand all your rights in the situation.
Seek Answers and Justice with Confidence
If you’ve lost a loved one due to medical malpractice, you don’t have to face the aftermath alone. With over 75 years of combined experience handling complex malpractice and wrongful death cases, G. Eric Nielson & Associates is here to fight for the justice you deserve.
We offer free consultations, and you won’t pay a fee unless we win your case. Let us provide the legal support—and peace of mind—you need during this difficult time. Contact us today to schedule your free consultation.