Wrongful Death Damages usually depend upon the relationship of the plaintiff to the deceased. Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their child's death.
Damages in the death of a minor child may include potential financial contributions from said child. Damages for spouses include loss of companionship, potential financial contributions, and mental anguish.
The wrongful death damages awarded to children after the death of a parent vary based upon age. Wrongful death damages for all children usually include mental anguish and loss of companionship. Minors can recover wrongful death damages for monies the deceased would have contributed to raising the child. Adult children who claim damages can include the sum the parent would reasonably and probably have contributed to them.
In order to prove medical malpractice, you need to prove that the care you received did not meet the “standard of care” for medical professionals in your community. “Standard of care” is defined as the degree of care that a reasonable person should exercise. If the doctor successfully demonstrates that he has met an acceptable standard of care, then there is no malpractice.
The question of “breach” of the duty to render competent medical care is not readily answered by a lay person or even a physician but generally requires the joint knowledge and skills of a doctor and a lawyer.
Ultimately, this is one of the key questions that will have to be answered by a jury if your case is litigated.
When an attorney decides to litigate a medical malpractice case, one of the biggest decisions he will have to make is whether he, with the help of expert testimony, will be able to convince a jury that the defendant health care practitioner failed to meet the standard of care.