Legal Services for Wrongful Death and Medical Malpractice
If you and your loved ones have ever gone through the horrendous experience of having a member suffer wrongful death, you definitely should get a lawyer.
Wrongful death is a claim against a person who can be held liable for a death. Mostly, the claim for this kind of legal predicament is done through a civil action that can be initiated by close relatives of the person who died. In cases where a life is lost, there is no doubt about it, a lawyer must be hired in order to seek legal remedies and appropriate action that you are not capable of mounting on your own.
Who may file a case for wrongful death?
- Immediate family members (spouse, children, parents of unmarried victim)
- Life partners, financial dependents and putative spouses (a person who cohabitated with another without being legally married)
- Distant family members
- Individuals who suffer financially from the death of the victim
- Parents of a deceased fetus
What types of compensation can be sought?
The immediate family or relatives may seek compensation for:
- Loss of guidance, care, and companionship
- Funeral expenses
- Loss of support or income
- Mental anguish of the surviving family
- Pain and suffering
- Loss of comfort, protection, marital care, counsel, attention, parental care, educational support, training, and guidance
If the cause of death is due to medical malpractice, your lawyer must be able to establish in court that there was a breach or violation of the standard of care that is expected from a physician or a medical service provider. The court will then determine if had it not been for the breach or violation of the expected standards, the victim would have remained alive.
Medical malpractice, simply put, occurs when a health care provider is negligent and as a result, the patient is harmed.
Naturally, wrongful death will not stand if the court is able to prove that the victim’s cause of death had nothing to do with the breach or violation of the expected standards. If this happens, then the case will end unsuccessfully. In most cases, an autopsy may be necessary in order to zero in on the real cause of death and whether the breach of standards led to the actual death of the victim.
What counts as medical malpractice?
- Medication errors
- Delayed treatment
- Surgical errors
- Birth injuries
- Nursing home abuse by health care providers
What to do in case of wrongful death due to medical malpractice?
1. Get a lawyer right away.
2. Do not vent out your frustrations on social media. This may affect the course of the case.
3. Share all the information you know about your lawyer. Be honest.
4. Ask your lawyer about your legal options.
5. Do not expect a quick claim settlement.
6. Let your lawyer do the job of investigating what really happened.
Losing a loved one in death is such a huge emotional strain on you and the rest of your family. In most cases, it is difficult to come up with a reasonable and sound decision concerning wrongful death or medical malpractice because of the degree of emotions you may be experiencing all at the same time. Your emotions may possibly cloud your judgment.
It is vital that in precarious times such as losing someone, a third party such as a lawyer can come in and be responsible for making sure that your rights and that of the deceased are protected. Wrongful death is not easy to deal with, but with a lot of help from an experienced lawyer, you may get the justice that your loved one and the entire family deserve.