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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.
Please contact us
if anyone you know has wrongfully died and you feel that medical
malpractice was the cause.
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