Medical malpractice is an unfortunate reality that can lead to life-altering complications or even death. When a healthcare provider’s negligence causes a loved one’s death, it’s natural to seek justice and compensation through a wrongful death lawsuit. First, you must realize what goes into filing a wrongful death lawsuit for medical malpractice, including understanding medical malpractice, establishing a wrongful death claim, finding the right attorney, and the legal process.
Understanding Medical Malpractice
According to a study published in the Journal of Patient Safety, it is estimated that between 210,000 and 440,000 patients die each year in the United States due to preventable medical errors in hospitals. It’s important to recognize that not every adverse medical outcome results from malpractice. For a valid medical malpractice claim, there must be evidence that the healthcare provider’s negligence directly caused harm to the patient.
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SPEAK TO AN ATTORNEY TODAYEstablishing a Wrongful Death Claim
A wrongful death claim is a civil lawsuit filed on behalf of the deceased person’s family or estate, seeking compensation for the loss caused by the defendant’s negligence. Several key elements must be proven to establish a wrongful death claim for medical malpractice.
Duty of Care
The first element is the duty of care, which means that the healthcare provider owed the deceased a duty of care. This is usually established by demonstrating that a doctor-patient relationship existed.
Breach of Duty
The second element is a breach of duty, which involves proving that the healthcare provider breached their duty of care by failing to meet the accepted medical standard of care. This typically requires showing that a similarly qualified healthcare provider would have acted differently under the same circumstances.
Causation and Damages
The final two elements are causation and damages. Causation means that the breach of duty directly caused the patient’s death – in other words, the patient would not have died if the healthcare provider had acted following the standard of care.
Damages refer to the losses the surviving family members or estate suffered due to the patient’s death. This can include financial losses, such as medical expenses, funeral costs, and lost income, as well as non-economic damages, like loss of companionship and emotional distress.
Finding the Right Attorney
A 2016 study by researchers at Johns Hopkins University found that medical errors accounted for more than 250,000 deaths per year in the United States. A wrongful death lawsuit for medical malpractice is complex and requires specialized legal knowledge. Finding an experienced medical malpractice attorney who can effectively represent your interests is crucial.
When searching for an attorney, consider the following:
- Experience: Look for a lawyer with a proven track record in handling medical malpractice cases and wrongful death claims.
- Expertise: Choose an attorney who is well-versed in the specific area of medical malpractice that your case involves, such as surgical errors, misdiagnosis, or medication errors.
- Reputation: Research the attorney’s reputation, including client testimonials, peer reviews, and professional accolades.
- Communication: Find an attorney who communicates clearly and openly, ensuring you understand the legal process and options.
The Legal Process
Navigating the legal process of a wrongful death lawsuit for medical malpractice can be complex and overwhelming. Once you have hired an attorney, the legal process will generally follow these steps:
Preliminary Consultation and Case Evaluation
Your attorney will first assess the merits of your case by reviewing the facts and circumstances surrounding the death of your loved one. They will evaluate your potential for success and discuss your legal options and any challenges you may face.
Investigation
Your attorney will gather all relevant information and evidence to build a strong case. This includes obtaining medical records, interviewing witnesses, and consulting with medical experts to evaluate the standard of care provided. The investigation phase is crucial in establishing the foundation for your wrongful death claim.
Filing the Lawsuit
After completing the investigation, your attorney will draft a “complaint” document outlining the allegations against the responsible healthcare provider. They will then file the complaint with the appropriate court, formally initiating the lawsuit.
Discovery
The discovery phase allows both sides to exchange information and evidence. During this stage, your attorney may request documents from the defendant, submit written questions called “interrogatories,” and take depositions from witnesses and experts. Discovery helps both parties better understand the strengths and weaknesses of their respective cases.
Pre-Trial Motions
Before trial, both sides may file motions to ask the court to make rulings on various issues. These motions can address the admissibility of evidence, the scope of expert testimony, or even the dismissal of the case. The outcome of these motions can significantly impact the direction of the case.
Settlement Negotiations
Many cases are resolved through settlement negotiations before going to trial. Your attorney will engage in discussions with the defendant’s legal team to reach a fair and reasonable settlement. This process can be ongoing throughout the case, with the possibility of resolution at any stage.
Trial
Your case will proceed to trial if a settlement cannot be reached. During the trial, your attorney will present evidence, call witnesses, and make arguments to persuade a judge or jury that the healthcare provider’s negligence caused your loved one’s death. The trial process can be lengthy and may involve expert testimony, cross-examination of witnesses, and presentation of complex medical information.
Verdict and Appeals
After the trial, the judge or jury will render a verdict. If they find it in your favor, they will award damages to compensate for your losses. The losing party may appeal the decision, resulting in additional legal proceedings and potentially overturning or modifying the original verdict.
Collection of Damages
Once the verdict is final, your attorney will work to collect the awarded damages from the defendant. This may involve locating and seizing assets, garnishing wages, or entering a structured settlement agreement. Collecting damages can be complicated and require additional legal action to enforce the judgment.
Closure and Ongoing Support
After the conclusion of your case, your attorney can provide ongoing support and guidance to help you navigate the emotional and financial aftermath of your loved one’s wrongful death. This may include connecting you with support groups, financial advisors, or grief counselors.
By understanding the various stages of the legal process and working closely with an experienced attorney, you can better prepare for the challenges ahead and increase your chances of obtaining justice for your loved one. BDIW Law is happy to answer any questions you may have.
