When someone seeks out healthcare services, they are putting their health and trust into the hands of another. Sometimes, negligence can occur, causing serious health problems or a delay in diagnoses. At worst, it results in someone’s death. This is devastating for surviving family members, as they are left having to navigate through the aftermath while grieving. It’s imperative to familiarize yourself with the legal steps to take to address healthcare negligence as soon as possible, as difficult as it may be.
What Is Healthcare Negligence?
Healthcare negligence occurs when a medical professional fails to perform their duty correctly. This can be in the form of a misdiagnosis, an incorrectly performed medical procedure, or a failure to provide timely medical care that results in injury, illness, or the death of a patient. There are several reasons why a medical professional commits malpractice; distractions, improper training, staff shortage, and more.
When Negligence Causes Death
There are many cases when medical malpractice or negligence unfortunately results in the death of a patient. This can be referred to as a wrongful death, and it can have severe consequences for a medical professional. There are many forms of wrongful death, including nursing home wrongful death, where negligence or neglect can result in the passing of an elderly patient. When wrongful death occurs, family members will have to consider seeking legal assistance to file life insurance claims if applicable and seek justice for their lost loved one.
Establishing Wrongful Death
If a loved one passes away due to an incorrectly performed surgical procedure, wrongly prescribed medication, misdiagnosis, or neglect, it can be considered a wrongful death. Sometimes, the cause of death may not be readily apparent. Medical files and autopsy reports may assist in establishing wrongful death. Eyewitness accounts, including your own, can serve as evidence of malpractice as well; for example, if you observed a nurse administering the wrong medication or if surgery was performed on the wrong body part.
Find a Qualified Attorney
If you are considering litigation for the death of your loved one, you must find the right attorney, as a wrongful death case can be tricky in terms of deadlines, laws, and sensitivity. It’s a smart move to read reviews and their proven win record before hiring a specific lawyer. You will want an attorney who specializes in wrongful death and medical malpractice, as they will be familiar with all laws, statutes, and evidence needed to win a case.
Start an Investigation
If an attorney determines you may have an eligible case, they will proceed in starting an investigation. They will find witnesses (if applicable), testimonies of medical professionals, and examine medical documents such as autopsy reports and surgical notes to determine if a case has a chance of winning.
Determining Liability
In most medical malpractice cases, the physician or medical professional who failed to provide adequate care is liable for a loved one’s death. Sometimes, it can be more complicated, such as an entire surgical team’s wrongdoing or an entire nursing home facility. An attorney will recover evidence and information to determine who may be liable in your specific case.
Obtaining Evidence
An attorney will work hard to uncover and obtain evidence to represent your loved one in court. This can include medical experts, other expert witnesses, test results, prescriptions, police reports, autopsy reports, and anything else that may assist in proving that your loved one’s death occurred due to negligence or a breach of care.
Negotiations
Once evidence is obtained, an attorney will typically write and send demand letters to the parties responsible requesting compensation for the wrongful death. Settlement negotiations will begin if the responsible party does not agree with the requested compensation amount. If the offer given by the responsible party is not enough, your attorney will likely file a lawsuit.
Lawsuit and Litigation
A lawsuit will be filed if your attorney if both parties cannot agree upon a desired settlement for the wrongful death of a loved one. This is fairly typical, as many medical professionals have attorneys who will work to deny full responsibility in malpractice cases. Litigation will begin and a settlement will be decided upon in court.
Filing Insurance Claims
An attorney will likely want you to wait to file any life insurance claims until certain legal procedures have occurred. This is normal. An attorney can assist with filing any life insurance claims if applicable.
Ruling
In court, a ruling will determine if your case is won. If so, compensation will be awarded to you to cover expenses such as funeral costs, medical costs, and lost wages due to the death of your loved one.
Conclusion
When negligence in the medical field results in the death of a loved one, it is known as a wrongful death. Medical professionals have a duty of care, and it is breached when malpractice occurs. Finding an attorney to establish a wrongful death, gather evidence, and represent you in court is smart if you’re considering litigation. Compensation can help you recover financial costs that arise from handling the estate of your loved one.
Interlinking Opportunities
From (https://wildlabsky.com/blog/the-crucial-role-of-nurses-in-enhancing-elderly-patient-care/) with the anchor nursing home wrongful death
From (https://wildlabsky.com/blog/pursuing-justice-the-role-of-talcum-powder-ovarian-cancer-attorneys/) with the anchor healthcare negligence
