Who can file a lawsuit on behalf of another for wrongful death resulting from surgery?

Answer:

According to the U.S. Department of Justice, nearly 50% of all medical malpractice cases are filed against surgeons throughout the nation. The Institute of Medicine (IOM) published a report in 1999 stating that between 45,000 and 98,000 Americans die each year due to medical errors costing the country almost $40 billion annually. These numbers continue to increase with surgical errors leading the way. A wrongful death surgery lawsuit may be filed against both the surgeon and hospital responsible when medical negligence results in the patient’s death.

Filing a Wrongful Death Claim Against a Surgeon

Most people are aware that every surgical procedure carries some degree of risk. However, patients don’t expect to die from procedures that are primarily performed to save or increase their life expectancy. When the surgeon or a member of the surgical team is negligent in performing their duties, a medical malpractice case can be brought by the victim’s family. The laws in most states allow immediate family members, such as the spouse or children of the deceased to file a wrongful death lawsuit. Some jurisdictions have the following provisions regarding wrongful death cases, such as:

Minor Children—Certain states require that a Guardian ad Litem be appointed to represent the interests of the child in court.

Other Relatives—If the victim was not married and did not have children, their brothers, sisters, parents or grandparents may file a claim. In some cases, the claimant must be able to prove that they were dependent upon the person at the time of the their death.

Getting Legal Help For Your Wrongful Death Claim

The laws in each state require victims to file a civil lawsuit within a certain timeframe. This is known as the statute of limitations which can vary from one year to several years. If the plaintiff fails to file their case within this time period, they will be barred from ever recovering damages for their loss. If your loved one has died due to the result of surgical negligence, contact a medical malpractice attorney in your area to find out what the laws are regarding your claim.

References:

Medical Malpractice and Wrongful Death

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