Wrongful death malpractice cases are a tragic issue that many families have to deal with. It is estimated that more than 200,000 people die as a result of medical malpractice every year. For families coping with the tragedy of an unexpected death of a loved one due to a medical mistake, certainly time and space are needed to grieve and cope with the loss.
Many families who have lost a loved one due to wrongful death malpractice do seek legal justice in the courts through a wrongful death lawsuit. These lawsuits certainly will not bring the deceased back to life, but many families find some relief in seeking justice for their lost family member by holding the injuring party accountable for their actions. These cases may involve negligence, misdiagnosis, dental malpractice, bacterial infections, medication errors, surgical malpractice and more.
With a wrongful death case, usually the accusations are against the hospital or medical staff such as doctors, surgeons, nurses, pharmacists and even lab techs. These and other medical professionals may have acted in a manner that was negligent, reckless or even intentional, and these actions resulted in the death of your loved one. When you speak with your personal injury attorney, he or she will discuss the strengths and weaknesses of your case with you, including how to determine the cause of death, the strict liability of death and more. These claims must be made by family members and are usually filed by a spouse, a sibling or other such relative of the deceased. Your lawyer will discuss with you that in order to be successful, your case must provide a diagnostic error, damage caused during surgery, negligence or some other such factor at the hands of a medical professional.
Often with malpractice cases that rule on the side of the deceased’s family, a legal claim is financially awarded with a cash settlement. The fact is that these cases are very complex, and if you are to be successful in your claim, you need to work with an experienced and knowledgeable personal injury lawyer familiar with wrongful death case law. Legal remedy and compensation is available to you and your family for the tragic loss of your loved one. However, keep in mind that there is a statue of limitations on such cases, so while you may still be mourning your loss, you do need to seek action quickly to be protected under the law.