When a person decides to use healthcare services, he/she is entr Austin his/her health and trust in another person. In some cases, negligence may happen, resulting in severe health issues or misdiagnoses delay. In the worst case, it causes the death of a person. This becomes tragic to the family members who are left to survive as they have to go through the aftermaths amidst grieving. Although it is a hard pill to swallow, it is necessary to get acquainted with the legal procedures that should be taken to handle healthcare negligence at the earliest instance.
What Is Healthcare Negligence?
Healthcare negligence is a situation where a medical expert does not execute his/her obligation in a proper manner. This may be either through misdiagnosis, a medical procedure that has been incorrectly administered or a situation where a medical practitioner has failed to offer timely medical services leading to injury, illness or even death of a patient. A medical professional causes malpractice because of various reasons; distractions, lack of proper training, shortage of staff and others.
Where Death is occasioned by Negligence
Medical malpractice or negligence often leads to death of a patient especially in numerous occasions. It is possible to speak about such a wrongful death, and it may have enormous consequences to a medical professional. The types of wrongful death are numerous and contain a nursing home wrongful death, whereby the act of negligence or neglect may lead to the death of an elderly patient. In the case of wrongful death, family members will be forced to think of getting legal help to make life insurance claims where applicable and pursue justice on behalf of their lost one.
The Wrongful Death settling
When a loved one dies because of a wrongly administered surgical operation, incorrectly prescribed drug, misdiagnosis, or negligence, then this may be classified as a wrongful death. In some cases, the cause of death might not be obvious. Medical records and autopsy results can be helpful in proving wrongful death. Your testimony and that of other eyewitnesses can also be used as evidence of malpractice; say, in the case of the nurse giving the incorrect medication or the operation done on the wrong part of the body.
Locate a Competed Attorney
When you are planning to sue over the death of your loved one, you need to get the right attorney, because wrongful death case is delicate as far as time limit, statute and sensitivity are concerned. Before a particular lawyer is hired, it is only prudent to read reviews about them and their track record of wins. You will be wanting an attorney that is specialized in wrongful death and medical malpractice, as he/she will be conversant with all laws, statutes and evidence required to prove a case.
Initiate an Inquiry.
In the event that an attorney feels that you could perhaps have a valid case; he or she shall go ahead and initiate an investigation. They will locate witnesses (where applicable), testimony of medical experts, and look at medical records including autopsy results and surgical records, to decide whether a case has a winning opportunity.
Determining Liability
In the majority of medical malpractice lawsuit cases, a loved one died because a physician or other medical professional did not provide the proper care. Other times, it may be more complex like the malpractice of an entire surgical team or even an entire nursing home facility. An lawyer will reclaim proofs and facts to find out who might be responsible in your particular situation.
Obtaining Evidence
A lawyer will do his or her best to find and acquire evidence to defend your beloved one in a courtroom. This may comprise of medical professionals, other professional witnesses, test results, prescriptions, police reports, autopsy reports, and any other item that may help in showing that the death of your loved one was as a result of negligence or breach of care.
Negotiations
After getting evidence, an attorney will usually compose and deliver demand letters to those who caused the wrongful death asking them to compensate the loss. Negotiations to settle the case will start when the at-fault party disagrees on the amount of compensation demanded. In case, the offer provided by the party responsible is insufficient, a lawsuit will probably be filed by your attorney.
Litigation and lawsuit
In the event that the two parties fail to settle on an amount that is desired as compensation due to the wrongful death of a loved one, then your attorney will file a lawsuit. This is quite common because most health practitioners have lawyers who will strive to avoid complete liability in the malpractice suits. The legal battle will start and a settlement will be determined in court.
Insurance Claims
An attorney will probably ask you to hold off on filing any claims on your life insurance until some legal actions take place. It is natural. An attorney can help in making any life insurance claims where necessary.
Ruling
The day will come in court and a decision will be reached as to whether you have won your case. In that case, you will be compensated to take care of some expenses like funeral expenses, medical bills, and lost earning because of the loss of your loved one.
Conclusion
A wrongful death happens when a loved one dies because of negligence in the medical field. Doctors and other medical practitioners owe a standard of care and it is violated in the event of malpractice. It is clever to find an attorney to prove a wrongful death, collect evidence, and defend you in court in case you are going to litigate. You can be compensated to reimburse the financial expenses incurred as a result of administering the estate of your loved one.
