Wrongful Death Actions after Medical Malpractice

There are many things that may go wrong when a person is receiving medical care. Most of the time, the doctor or other healthcare provider did not make a mistake and the outcome was unavoidable. However, when there was a preventable error that led to severe harm, it is devastating for the person who was injured. If the negligence leads to a fatality, then it is the family and loved ones who are left to pick up the pieces. A wrongful death action is a lawsuit where the surviving family member(s) seeks compensation for the loss of the loved one that was caused by the negligence of a medical professional.

General Issues Relevant to Wrongful Death Cases

There are many things to consider if a family member has died, but a few matters that are central to most wrongful death cases are:

• Establishing the person who has the legal right to pursue a wrongful death action;
• Ensuring that the legally-permissible party is formally authorized to commence the action; and
• Determining the nature of the damages that will be awarded in a wrongful death case.

Who May Bring the Wrongful Death Action?

In most cases, it is the spouse, child, or parent of the deceased who will have legal standing to bring a wrongful death case against the healthcare provider who was negligent or reckless in providing care to the person who died. Depending on the applicable state law, there is an ordered ranking of who has the first right to bring the action, with other individuals able to step into the role if the person listed before him does not exist (i.e., the deceased did not have a spouse) or does not want to pursue the action. It is unusual for there to be a dispute about who will bring the action, but if there is a disagreement, there may be an appointment of the estate representative as the person authorized to bring the legal action.

The appointment of the individual who will have legal standing to make the decisions about the wrongful death action generally is appointed by the division of the state court that handles wills and estate matters. If there is a dispute as to who will represent the deceased’s interests in a legal action, then there will be a hearing before the appointment. Once the person has been appointed, that individual will work with an experienced attorney to bring a case. As there are tight time restrictions on wrongful death actions, it is important to consult with an attorney as soon as possible.

Damages

The nature of the damages that may be awarded in a wrongful death case will vary based on the state. However, there are generally-awarded damages that apply across most jurisdictions. In some states, there is a limitation on the amount of damages that may be awarded, which will be set forth in the statute as a damages cap.

Some of the types of losses that are asserted in a wrongful death case include:

• Lost wages – this is based on the wages that the deceased would have earned but for the negligence;
• Expenses relating to the medical malpractice, including funeral costs and medical expenses before the death of the deceased;
• Compensation for the loss of services that the deceased would have provided;
• Lost support – this may apply to minor children up until the age of 18 or to a widow up until the presumptive age of retirement, or 65 years old, by the deceased;
• Lost companionship;
• Loss of guidance and nurture – if this type of damage is awarded, it is based on the valuation given to the support and teaching that the deceased would have given to his children but for the wrongful death; and
• Pain and suffering.

The award of damages varies from state-to-state, depending on the laws and regulations applicable to wrongful death actions. Depending on the jurisdiction, it may be possible to obtain punitive damages if the actions of the doctor or other healthcare provider was particularly egregious.

Multiple Defendants are Possible in a Wrongful Death Action

It is important to remember that there may be multiple parties in a wrongful death case. Doctors, nurses, and other medical professionals ay share liability with a hospital or other healthcare facility. A skilled and perceptive attorney who is experienced in medical malpractice wrongful death actions will understand how to analyze the evidence in order to bring a case against all of the responsible parties.

Stern Law, PLLC Represent Those Who Lost a Loved One

Medical malpractice can lead to tragic outcomes for those who are harmed as a result, but when a person dies because a medical professional made a preventable mistake, it is the family that is left struggling to pick up the pieces. At Stern Law, PLLC, our attorney has fought on behalf of our clients for more than 30 years. We understand how important it is to put together a strong legal case in order to help a struggling family get back on the right path after a tragic loss. In addition to advocating for clients who have been devastated by medical malpractice, we also serve as a resource for everyone who may have been impacted by the negligence of a healthcare provider, providing compassionate and committed staff to answer questions 24 hours a day, seven days a week. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.