A wrongful death occurs when someone dies due to another party’s negligence in any situation. Medical malpractice, though, is one of the most common causes of wrongful death in a healthcare setting. Losing a loved one due to medical negligence is a devastating experience and one that can make you lose confidence in the healthcare system.
Therefore, pursuing justice through a wrongful death lawsuit can help families recover compensation. Learn everything you need to know including how to file a wrongful death due to a medical malpractice lawsuit, the elements required to win a medical malpractice case, and how to seek restitution.
Understanding Wrongful Death in Medical Malpractice Cases
Wrongful death lawsuits arise when an individual dies due to the negligent or careless actions of another party. In medical malpractice cases, in particular, it means that a healthcare provider such as a doctor, nurse, or the hospital itself has failed to meet the accepted standard of care which led to the patient’s death.
Unlike a standard medical malpractice claim which focuses on the injury caused to the patient, a wrongful death lawsuit will address the loss suffered by surviving family members. Eligible family members including spouses, children, or even parents can seek damages for their emotional and financial losses following the incident.
Step 1: Proving Medical Negligence
The first step in filing a wrongful death lawsuit claim is proving that the healthcare provider’s negligence directly caused the death of the patient. This will involve demonstrating that the medical professional failed to provide reasonable standards of care that were expected in their field, such that fatal harm occurred.
Medical experts will play a crucial role in confirming negligence in your wrongful death lawsuit. These experts will review the deceased person’s medical records and then provide expert testimony about how the healthcare provider either did or did not deviate from accepted practices. Therefore, having strong evidence of medical negligence is essential to building a solid case.
Step 2: Identify the Rightful Claimant
The second step in filing a wrongful death lawsuit claim is to identify the rightful claimant. Depending on the state you live in, you may not actually be able to file the claim yourself. In Georgia, for example, only certain family members have the legal right to bring a claim to court. Typically, the spouse is the first eligible party but if there is no spouse available then the children of the deceased may file the claim themselves. In the event none of the aforementioned are available, parents can pursue the lawsuit themselves. Partnering with an accredited attorney will allow you to determine whether or not you are eligible to file a wrongful death lawsuit yourself or if you need to speak with someone else in your family about it.
Step 3: File the Claim Promptly
Time is of the essence when it comes to filing a wrongful death due to a medical malpractice claim. Every state has a statute of limitations that limits how long family members have to file a claim after the death has occurred. Every type of lawsuit has a statute of limitations with the exception of cases involving heinous or severe crimes such as murder, treason, manslaughter, and more.
Two years is a fairly common deadline for many states in order to file a wrongful death lawsuit, and if the deadline is missed then the family may lose their right to seek compensation. The statute of limitations may seem pointless but it is critical as it ensures claims are filed while evidence is still both fresh and available. By acting promptly following the death of your loved one and working closely with a lawyer, you can ensure your claim is filed within the required timeframe.
Step 4: Calculate Damages Owed
Damages in a wrongful death case will cover both economic and non-economic losses that were suffered by the surviving family members. Economic damages can include medical expenses that were incurred before the death of your loved one, funeral costs, and the loss of the deceased’s income or financial contributions to the surviving family members. Economic damages are typically easier to quantify than non-economic damages which include things such as pain and suffering caused by the death. The court will consider the relationship of the deceased person and their family, as well as the emotional toll when awarding damages.
Step 5: Navigate the Litigation Process
Once your wrongful death due to a medical malpractice claim has officially been filed, the legal process can begin. This will typically include several stages starting with the initial filing, followed by a discovery phase where both parties exchange evidence and gather information. Expert testimony from medical professionals, as mentioned earlier, is a crucial part of discovery and will help to prove the case has merits from the start.
Settlement negotiations may occur before the case even reaches trial, and many wrongful death lawsuits are actually resolved in this manner. This avoids the need for a lengthy trial, but if a settlement cannot be reached then the case will proceed to a trial where the judge or a jury will decide the outcome. Throughout this process, it’s important to have an experienced lawyer to represent your family so that the case is handled effectively and so that fair compensation can be negotiated.
Work with a lawyer to file your wrongful death lawsuit
Filing a wrongful death lawsuit after a medical malpractice event has occurred will require proving negligence, identifying the rightful claimant, meeting your state’s statute of limitations, calculating damages, and navigating the legal process. These steps can be complex, especially for grieving families, which is why ensuring you have adequate legal representation is important. An experienced wrongful death or medical malpractice attorney can help guide your family through each of the above steps, helping you to secure justice and compensation after your tragic loss.
