If someone you love has died due to what you deem an error on the part of a medical professional, you can file for a wrongful death lawsuit based on medical malpractice. Filing such a claim allows you to seek compensation for their lost income, time with you, or their medical and burial expenses.
How to Bring a Wrongful Death Lawsuit for Medical Malpractice
There are several steps you must take when bringing a wrongful death lawsuit:
Determine if you are eligible to bring such a claim.
Typically, immediate family members, such as parents, children, and spouses have the easiest time bringing such lawsuits. In some states, distant family members, especially ones that are financially dependent on the deceased, may bring a lawsuit. In other states, anyone financially dependent on the deceased is eligible to bring a claim.
Do research.
Examine the various medical factors that contributed to your loved one’s death, and compare various treatment plans. The American Medical Association and the National Institute of Health offer a wealth of information in this regard. You should also examine the experience and successes of various medical malpractice attorneys as you conduct your research.
File on time.
The statute of limitations on filing a wrongful death lawsuit due to medical negligence varies from state to state, so do your homework and be sure to file early.
Get organized.
Gather all of the relevant medical reports, correspondence with medical professionals involved in the case, and any other potentially relevant information.
Detail the history of your case.
Begin at the very first interaction with the medical professional and record the dates of all appointments, medical professional names, tests ordered and results, and any other relevant events. This history will be a key portion of your case so be sure to be as accurate as possible.
Required Legal Elements
To have a successful wrongful death lawsuit due to medical negligence, you will need to prove that your loved one was under the care of this medical professional, that the doctor was negligent, and that the negligence resulted directly in the death of your loved one. Remember, it is not enough to simply have been dissatisfied with the doctor’s care – you must be able to prove that they failed to act, or acted wrongfully, resulting directly in the death.
Get Legal Advice
If a loved one has been the victim of medical negligence that led to death, consider hiring an attorney early. He can help you with all aspects of the wrongful death suit. When deciding on an attorney, remember that most attorneys shouldn’t charge for an initial consultation, and successful attorneys will not need to be paid until you win your wrongful death claim.
