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When to File a Medial Malpractice Death Lawsuit

medical malpractice death

 

Are you considering filing a medical malpractice death lawsuit?

Every year in the US, approximately 250,000 die due to a medical error. While this is a significant amount, out of all the malpractice suits which are actually filed, only a few are successful.

Do you need a medical malpractice death lawsuit?

If you believe a death has been caused by negligence, you should consider a lawsuit. Negligence may be caused by the medical professional. Also, another physician may tell you of someone else’s mistake.

Negligence may occur in the following instances. Sometimes, the outcome can be fatal:

  • Surgical mistakes
  • Preventable infections
  • Reactions to medications
  • Complications during childbirth for mother or child
  • Errors involving medications and prescriptions
  • Misdiagnosis and mistreatment

Seek more information

Before pursuing a potentially expensive lawsuit, it is important to get all the facts.

How did the death occur and what were the conditions surrounding it? Talk to a medical malpractice lawyer and get some advice before starting on your journey.

Was there informed consent?

All surgeries come with risks, and before undergoing an operation the patient needs to understand these. If the patient did not sign or understand the risks, you may have a case.

Was there sufficient staff?

Many hospitals are understaffed and insufficient staff numbers can lead to negligence. If the patient wasn’t getting the care they need their health could suffer.

Were surgical procedures of high standard?

Surgical errors can happen, but many could have been prevented. Infections can occur when tools are not properly sterilized or staff is rushed or distracted. Were they properly positioned for the operation?

Were the right procedures followed? Was the correct operation performed?

Were they properly diagnosed?

Sometimes, negative health outcomes could be prevented by the right diagnosis. If a patient is sent home when they shouldn’t you may have a case for medical malpractice death.

A patient may have been misdiagnosed and treated incorrectly. Or, they may have been treated too late.

Were they given the right medication?

Sometimes people may have an allergy to a certain medication which could cause a reaction. Or, they may have been given the incorrect dosage leading to harm.

These are just a few examples of reasons why you may be able to start a case. If a death could have been prevented, it could be considered negligence.

What happens if you are successful?

If your case is successful you may be entitled to a range of different financial compensations. These may include the cost of medical bills and any funeral expenses which need to be paid for.

Additionally, the potential future earnings and family support the deceased would have provided may be compensated.

Punitive damages may also be available.

Who should I talk to?

If you think you have a case for a medical malpractice lawsuit, you need to speak with an experienced malpractice attorney.

This can be a difficult process. You will need assistance working through the evidence.

We would be happy to chat to you about your situation and offer our assistance, please contact us today.

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