Can You Sue a Doctor for Wrongful Death?

If a case of medical malpractice should result in wrongful death of a patient, then the family members may have a right to file a medical malpractice lawsuit as well as a wrongful death lawsuit against the doctor or hospital at fault. In order to do so, medical negligence must be established.

Was the Doctor Negligent?

Proving medical negligence is difficult at best, and a medical malpractice attorney with experience in medical malpractice trial litigation should be consulted before taking any action. Your family attorney is not qualified to pursue such claims, although he or she may be able to refer your case to a specialized medical malpractice trial attorney.

In general, a doctor or hospital staff will be found negligent if they fail to perform their duty to the accepted medical standard of care. What this means, is that another doctor, in the same situation, would have performed differently and saved the patients life.

What is the Time Limit for Filing a Suit for Wrongful Death?

Medical malpractice suits must be filed before the statute of limitations runs out. The statute of limitations for medical malpractice lawsuits against doctors varies by state. In most cases, the time limit for filing a medical malpractice lawsuit is between two and three years from the date of discovery of the injury, or more often, the date of the injury or death itself.

How Much is a Medical Malpractice Case Worth?

Medical malpractice lawsuits often recover several hundreds of thousands of dollars for the injured party and their family. In cases of wrongful death, additional damages may be pursued, to compensate the family members for the loss of a loved one.

Your attorney should seek damages for all medical expenses, funeral expenses, loss of consortium, loss of family relations as well as pain and suffering caused by the doctors malpractice.

Some states, such as California and Texas, place a cap on non-economic damages, such as pain and suffering and loss of consortium. This cap usually ranges from $250,000 to $750,000. Other states, like New York, New Jersey and Pennsylvania have no damage caps.

How to Get Advice Regarding a Wrongful Death Claim

The first step in bringing a medical malpractice lawsuit is to consult with a specialized medical malpractice attorney. Most of these lawyers will offer a free initial consultation where you can discuss your case and find out if you are eligible to pursue compensation through a medical malpractice lawsuit.

If you think you have been a victim of medical malpractice, click on the talk to a lawyer button to contact several local experienced medical malpractice lawyers. Your message will be sent only to lawyers who are qualified to handle medical malpractice claims, and you can find out your legal options immediately.