When seeking medical treatment, you expect the right diagnosis and medication, enabling you to improve or heal. However, most people die in hospitals due to negligence by medical practitioners. As a survivor, you have the right to file for a wrongful death lawsuit and get compensated for all the loss you might have incurred. Even though the compensation cannot bring your loved one to life again, it can help avoid the financial stress you may incur as a family member. Doctors, nurses, and other medical professionals must provide their patients with competent care. This article explores everything you should know if your family member’s death was caused by their doctor.
The Major Causes of Injuries and Death
Medical errors, even though small, can lead to the death of a person. Some of the leading causes of injuries and death include the following:
- Surgical errors include conducting the wrong surgery on a patient, Items left inside the body during surgery, and the wrong site
- Injuries during birth
- Misdiagnosis, failed diagnosis, or missed diagnosis
- Prescription drug errors, such as the issuance of the wrong drug and dosage
- Failure to treat or giving incorrect treatment
Proving Medical Malpractice in a Wrongful Death Case
Proofing medical malpractice can be complicated and requires you to understand the statute of wrongful death and present with the necessary skills. Just because the patient died because of ineffective treatment doesn’t necessarily constitute wrongful death. A good example is when a doctor fails to diagnose a rare disease and mimics another illness. If another reasonable doctor could make the same mistake, then survivors can find it hard to prove. To avoid getting stuck and making mistakes, you need to hire a specialized and experienced wrongful attorney to help your sue for wrongful death.
Medical Expert Testimony
Proving medical negligence that led to death is challenging since you must consider many factors. You will need the help of experts to affirm that the healthcare provider’s negligence caused the injuries and death. One of the experts you need to consider is the doctors with similar experiences and training as the doctor who caused the death. They will testify if they believe that malpractice occurred.
The first thing they do is review the relevant medical records and other available evidence. They will then determine what they believe should have happened regarding the evidence collected. These statements and recommendations play a crucial role as evidence and in determining the compensation, you need.
Filing a Wrongful Death Claim Based on Medical Negligence
To file a successful wrongful death lawsuit, you must build a strong case. A reasonable attorney is the first step, as they will ensure you collect the vital information and evidence required. You will arrange for expert testimonials to prove that malpractice occurred and how it led to the death of your loved one. Further, you will have to prove that the conduct owed your duty of care to your loved one and that the doctor breached it. Additionally, you need to prove that another professional would have acted differently.
Bottom Line!
The above are critical measures to consider when filing for wrongful death. If you think your family member’s death was caused by their doctor, look for a reputable attorney and medical expert to help you prove that.