What You Should Know When a Loved One Dies Due to Medical Malpractice

March 11, 2021

 Losing a loved one is the hardest thing anyone can face, and when it's through medical malpractice, it’s painful and regrettable. You may suffer from mixed emotions such as anger, guilt, regret and pain, but as hard as it is to accept, your loved one is gone, and nothing can bring them back. However, you can take several steps or actions to make sure other families don't go through such an ordeal and pain in the future, and the person responsible is held liable.

Free stock photo of administration, adult, anxiety

Photo Credit RODNAE Productions from Pexels

Get an Experienced Attorney

As much as you are in pain and feel confused, you need to immediately hire a professional and experienced medical malpractice attorney like Greg Hoag. The process should start immediately to ensure you have enough evidence to present to the courts. 

Even when you suspect medical malpractice but don't have enough evidence, you are entitled to an investigation. Talk to an experienced attorney about your concerns and why you think there was negligence.

Who Can You Sue

It's possible to sue the doctor, the institute and the employees concerned. However, the specific circumstances will direct the attorney on who to sue. The hospital bears liability when one or several of its staff members commit malpractice. To prove this, the patient must have died in the facility, and one or more hospital staff, including nurses, support staff and technicians, are responsible, neglected or exposed the patient to unnecessary risks.

You cannot sue the hospital if the doctor is responsible for the malpractice unless he is a direct employee of the facility. The attorney will help you prove that the patient was under the doctor's supervision, and the practitioner had the power to stop or prevent the negligence but chose not to. 

Who Can File the Lawsuit?

The beneficiaries of the deceased will or immediate family members can file a wrongful death lawsuit. It can either be the spouse, older but adult child, older sibling or the parents. They can claim compensation for medical malpractice and 

Medical expenses

  • Pain and suffering the patient and the family went through. Note that you have to prove the patient underwent unnecessary pain before their death.

  • Loss of Wages and income

  • Burial and funeral expenses

  • Loss of companionship

Which Situations Can a Claim Address?

It all starts with the conviction that there was an error in your loved one's care.  Some of the situations to include in a claim are

  • When a doctor or a medical facility didn't take immediate action in an emergency which led to the death

  • Mistakes such as a misdiagnosis or a surgery that made the patient's condition worse

  • Failure to identify a severe condition quickly despite a patient's deteriorating health

  • Failure to offer adequate supervision to a mental health patient leading to suicide or accident

  • Inadequate medical or nursing care

The list of situations that can prompt a lawsuit are endless, and the best way to start a claim is to talk to an experienced medical malpractice attorney. You'll not only get the legal address your family deserves but a caring person to walk with you and even help you process the pain and anger. You'll also get directions to able organizations to support you through the grieving period and offer all the help and guidance your family needs. 

*contributed post*

Post a Comment