Medical malpractice is just what the name implies: someone incorrectly performed a medical treatment or procedure, and a patient was injured due to their mistakes. But when someone dies as a result of medical malpractice, it isn’t the patient who sues the doctor who made a mistake. In those instances, a personal injury case is initiated by those loved ones who are left behind to grieve. The laws governing wrongful death suits are determined at the state level, and so can vary from one state to another. But most of them have the same issues involved.
Common issues that are associated with wrongful death suits include who can file for a wrongful death claim against the deceased person’s estate, how the person is appointed to be the representative of the estate, and what types of damages plaintiffs are entitled to recover when they win a wrongful death lawsuit.
Who can file a wrongful death suit?
The person who can file a wrongful death suit is often the closest surviving relative. That might mean it is the deceased’s spouse, their child or even the person’s parent. The person who is legally allowed to sue must be the administrator or the executor of the estate. For some families, that can pose a problem if there is no clear definition of who is “closest,” and so would be capable of initiating the suit. If there is more than one person claiming to be the rightful party to initiate a wrongful death suit, then the court must make a determination about who the responsible party is.
How is the person appointed administrator or executor?
Once a person is deceased, the court who is handling the estate and the will appoint a representative through the probate court. The probate court will give notice to any parties that the deceased person was either related to or who may have been supported by them. If there is any argument about who should be appointed, then the court will decide who is to represent the best interests of the deceased person’s estate.
What types of damages are allowed in a medical malpractice wrongful death suit?
The types of damages that someone who is suing for wrongful death might be compensated for things like lost earnings, medical bills, any employment benefits that were lost; the deceased’s pain and suffering – or noneconomic damages – may also be included. The types of damages vary from one state to another, so the only way to know what you are entitled to is to hire a personal injury lawyer who specializes in medical malpractice wrongful death suits.
Other items that you might be able to recover are things like funeral and burial costs, and any damages that the deceased’s dependents lost for the future, for as long as they would have been supported.
To be awarded money for support, the plaintiff must prove that the deceased person was their source of financial support. Minor children can receive support until they turn 18, and in some instances, even while they attend college. Widows will usually get support until they turn 65, but can only collect if they can show that the deceased person was their source of financial support.
A widow might also be entitled to loss of consortium, and in some states, they can be awarded damages for the children’s losses – loss of guidance and nurturing – which is expressed as the amount of advice and parental teaching the children will miss out on as a value.
If you lose someone due to the negligence of a doctor or hospital and the deceased was your financial support, you can be compensated for your loss. The best place to start is by hiring a lawyer who specializes in medical malpractice wrongful death claims. Since you will need to have many things documented and know how to proceed with your case, a wrongful death lawyer can help you through the complexity of getting what you are entitled to for you and your family.
Article Submitted By Community Writer
