what to do with medical malpractice wrongful death talk to hospital or to lawyer?

Contact a lawyer. Proving wrongful death by a hospital is no easy task. You’ll want to seek the help of a skilled attorney who has experience handling these types of cases.

Full Answer

Do I need a lawyer for a medical malpractice death claim?

You’ll need an attorney with experience in medical malpractice death claims, who can advance the funds necessary to cover the cost of medical experts, actuarial studies, special accountants and more. Experts will prove how the negligence occurred and support the scope of your financial losses, including the deceased’s lost lifetime income.

What do you need to know about hospital wrongful death claims?

Here’s what you need to know about hospital wrongful death claims. If a loved one died in a hospital due to negligence, you may have a right to compensation. More than 250,000 people die from medical malpractice every year, making medical errors, often in hospitals, the third leading cause of death in the United States. ¹

Are you owed legal restitution for wrongful death and medical malpractice?

If you've been injured by the negligence of a medical professional, or you have lost a loved one as a result of medical malpractice, you may be owed legal restitution. Each state has specific laws governing wrongful death and medical malpractice lawsuits, and these sorts of cases have statutes of limitations, so it's important to act quickly.

Should I hire a lawyer before filing a wrongful death lawsuit?

Due to these nuisances, it's a good idea to speak with an attorney before filing a wrongful death or medical malpractice lawsuit. If you've been injured by the negligence of a medical professional, or you have lost a loved one as a result of medical malpractice, you may be owed legal restitution.

What is the difference between wrongful death and medical malpractice?

The difference between malpractice and wrongful death lies in their definitions; while wrongful death involves a legal claim, medical malpractice occurs as a type of negligence. However, medical malpractice can sometimes lead to wrongful death litigation, and a lawyer could provide guidance in this area.

Are doctors responsible for patient death?

Doctors and medical professionals have a duty to their patients. They must provide adequate care under the law. A health care professional's negligence can severely harm patients, possibly resulting in death.

What are the 4 D's of medical negligence?

Malpractice can have devastating consequences for victims and their families, such as causing serious injury or death for the patient. To protect yourself from medical malpractice and seek justice whenever needed, it is vital to be aware of the four D's: duty, direct cause, damages, and dereliction of duty.

How do I sue a hospital for negligence?

How To Sue A Hospital For Malpractice?Step 1- Speak to a Malpractice Lawyer: Medical malpractice cases are complex to handle on your own. ... Step 2- Prove That A hospital or its medical doctor was actually negligent in your case.Step 3- Get hold of your Medical records.Step 4- Outline your injuries or damages.More items...•

What Damages are Available in a Wrongful Death Lawsuit?

An immediate family member will often file a wrongful death lawsuit on behalf of their deceased relative. The damages you can seek in these situations include funeral and burial expenses, loss of the decedent’s income, loss of companionship, mental anguish, and loss of a potential inheritance from the decedent.

Is the Hospital Liable?

When determining who is responsible in a wrongful death case, there are potentially two parties who may be liable:

Talk to Our Medical Malpractice Lawyers about Your Wrongful Death Case

It can be devastating to lose a beloved family member because of a mistake made by their health care team. You shouldn’t have to stress about money for funeral expenses or loss of income while you’re grieving. In this situation, you should turn to Kisling, Nestico & Redick.

What damages can a plaintiff recover in a medical malpractice case?

The plaintiff in a medical malpractice wrongful death case can generally recover the customary damages that are available in a medical malpractice case, such as lost earnings (but not generally future lost earning capacity), lost employment benefits, medical bills, and the deceased's pain and suffering. For further information on damages in ...

What is a wrongful death case?

A wrongful death case arises when a patient dies as a result of medical malpractice. Wrongful death lawsuits are strictly governed by state law, and there are certain procedures that are unique to wrongful death lawsuits (as opposed to broader personal injury cases). While wrongful death laws differ from state to state, ...

What is loss of guidance and nurture?

Loss of guidance and nurture represents the value of the deceased parent's lost parental advice and teaching. Some states allow the plaintiff in a wrongful death case to receive punitive damages, if the defendant's (the doctor or hospital) conduct is deemed particularly reprehensible.

Who is the person who files a wrongful death lawsuit?

The person who will end up filing a wrongful death lawsuit on behalf of the deceased plaintiff will often be the plaintiff's closest surviving relative -- such as a spouse, child, or parent. The person filing the lawsuit will also often be the executor or administrator of the deceased's estate (if he/she had one).

Can a spouse get damages for loss of consortium?

Additionally, the deceased's spouse is entitled to damages for loss of consortium and sometimes for loss of the deceased's services around the house. Some states allow damage awards to the deceased's children for what is called loss of guidance and nurture (this is slightly different from loss of consortium ).

What is medical malpractice?

On the other hand, medical malpractice is any conduct by a doctor, nurse, or other medical professional that falls below the accepted standard of professional care. Medical malpractice can result in injury to the patient, or in the death of a patient. Some examples of medical malpractice include:

What are some examples of wrongful death lawsuits?

Sometimes, a wrongful death lawsuit will follow a criminal trial initiated by the state and arising from the same circumstances. A well-known example is the successful civil suits brought by the families of Nicole Brown Simpson and Ron Goldman against O.J. Simpson.

What is wrongful death?

Wrongful Death. A wrongful death case is a type of lawsuit that can be brought by the family of a person who died due to the negligence or intentional act of another. ...

Can a jury award a medical malpractice claim?

However, many states have laws that limit or "cap" the amount of damages that a jury can award a plaintiff in a medical malpractice lawsuit. Due to these nuisances, it's a good idea to speak with an attorney before filing a wrongful death or medical malpractice lawsuit.

Can you be owed restitution for medical malpractice?

If you've been injured by the negligence of a medical professional, or you have lost a loved one as a result of medical malpractice, you may be owed legal restitu tion. Each state has specific laws governing wrongful death and medical malpractice lawsuits, and these sorts of cases have statutes of limitations, so it's important to act quickly. Become informed by speaking to a skilled personal injury attorney in your state today.

Can a medical malpractice claim be wrongful?

Given that medical malpractice can lead to death, it's possible that a plaintiff may have a claim for both medical malpractice and wrongful death. However, many states have laws that limit or "cap" the amount of damages that a jury can award a plaintiff in ...

What happens if a physician is negligent?

If a physician who worked for the hospital was negligent in any way, and that physician's negligence caused the patient's death, the hospital would be liable for the patient's wrongful death.

What are the ways hospitals are liable for death?

A hospital can be liable in many different ways for a patient's death. The two most common ways are the following: the negligence of physicians, nurses, and other health care providers who are employed by the hospital, and. the hospital's own negligence in hiring and supervising its employees, maintaining and repairing its equipment, ...

What happens if a hospital dies?

If a person dies as the result of the medical malpractice of a hospital, his/her estate can bring what is called a wrongful death lawsuit. A state's wrongful death laws allow the person's estate to sue the hospital and be awarded damages for the beneficiaries of the deceased.

What are the types of negligence?

Most types of physician negligence fall into the following main categories: misdiagnosis. negligence affecting pregnancy and childbirth. mistakes in prescribing or administering medication. surgical errors. If a physician who worked for the hospital was negligent in any way, and that physician's negligence caused the patient's death, ...

What are the most common nursing errors?

Some of the most significant types of nursing errors are: failure to monitor a patient's vital signs properly. failure to properly enter the patient's nursing record into the patient's chart. administering the wrong type or wrong amount of medication. administering the medication at the wrong time.

Can a lawyer sue a hospital for malpractice?

In most cases, your lawyer will make that decision based on the amount of the malpractice insurance coverage he or she carries. If the doctor has enough malpractice coverage, then your lawyer may very well not sue the hospital.

Is a hospital legally liable for negligence?

A hospital is generally not legally liable for the negligence of physicians who simply saw a patient at the hospital or who performed an operation at the hospital, but were not employees of the hospital.

Types of settlements

There are two ways in how wrongful death settlements are awarded to the claimants. These are:

How much can you expect?

You may be wondering how much you can receive from this. The average is around $500,000 to $1 million or more. The median amount for a medical malpractice settlement is $250,000. It will still depend on the details of your case, though.

Do What You Must For Yourself And Your Loved One

When someone succumbs to death due to medical negligence, an apology won’t cut it. Around 251,454 people die because of errors in the hospital. Therefore, Medical professionals must be held accountable should they perform malpractices at work.

What Is Medical Malpractice?

Medical malpractice is a negligent act arising from the failure of a medical practitioner to uphold the standard of care required by the law or the code of conduct of the medical profession. Healthcare providers are usually the people who commit these negligent acts.

What Is Wrongful Death?

Wrongful death is much broader than medical malpractice and personal injury. Wrongful death is the neglectful, careless, or unlawful act of a person that leads to the death of another person. While medical malpractice covers negligent acts that harm a person, the wrongful act has to do with their death.

Is the Compensation Claim Process the Same for a Wrongful Death and Medical Malpractice Claims?

There are different processes and people involved when seeking compensation for wrongful death or medical negligence. In a medical malpractice case, the patient (victim) affected by the negligent act commences the action. It’s this victim that has to prove the elements of negligence.

Speak With an Experienced Attorney at Calvin Smith Law Today!

Whether you have a medical malpractice claim or lost a loved one to another person’s negligence, our lawyers at Calvin Smith Law are here to help you. Our Atlanta personal injury attorneys have the experience to get you the compensation you deserve. So call us today to schedule a free no-obligation consultation.

Why File A Wrongful Death Lawsuit Against A Hospital?

Firstly, what is a wrongful death lawsuit? When someone dies because of negligence, and the family member or surviving spouse files a lawsuit against the hospital, that is a wrongful death lawsuit. When someone sues a hospital, it’s typically a medical malpractice case.

Wrongful Death Stats

You may think wrongful deaths are rare. Unfortunately, they happen far too much. In fact, a Johns Hopkins study suggests medical errors may be the third-leading cause of death in the United States. We’ll give you a minute to take that in.

Who Can File A Wrongful Death Lawsuit Against A Hospital?

A wrongful death lawsuit is usually brought forth by an immediate family member. Typically this is a spouse, adult child, or parent. The person filing the claim is doing so on behalf of the decedent’s estate.

Navigating Through A Wrongful Death Lawsuit

If you believe a family member died because of negligence, you need to be able to determine the death was wrongful. What does that mean?

Proving Medical Negligence

If you’ve got your documents ready and your evidence in hand, go through this list. In a wrongful death lawsuit, the evidence must show:

Wrongful Death Lawsuit Quick Answers

Wrongful death occurs when someone dies due to the negligence or misbehavior of another person or entity. A criminal prosecution may be pursued in connection with the death, but a wrongful death lawsuit is actually a civil action. So it is completely separate from any criminal proceedings.