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One of the most painful events is the unexpected death of a loved one. It’s more devastating when it is caused due to the negligence of someone else. There are different instances of wrongful death cases, and one of the common cases is due to medical malpractice or negligence.
However, medical malpractice claims are difficult to prove, and most of the time, doctors win medical malpractice trials. So, it’s important to hire a wrongful death attorney to fight for the case. In this article, you will learn what legal experts suggest on how to deal with wrongful death from medical negligence.
What is a Wrongful Death?
Wrongful death is a lawsuit or claim against an individual who is liable for a death.
This claim is filed by someone who’s loved one or family member died due to the negligence of another person.
The death could be due to the misdiagnosis of medical practice, an accident caused by a distracted driver, or the misconduct of any other things. Here, we will discuss wrongful death due to medical negligence.
Wrongful Death And Medical Malpractice Compared
One of the most important elements in the discussion of wrongful death due to medical negligence is striking a difference between wrongful death and medical malpractice. Just like civil lawyer vs criminal lawyer, there are doubts about demarcating medical malpractice and wrongful death.
Yes, many find it difficult to differentiate between wrongful death and medical malpractice.
The damage that you can get in the wrongful death case and the medical malpractice cases are quite similar. But that does not mean they are the same.
Depending on the circumstances, certain types of economic lawsuits might arise.
Here, we mean the damage type that you can get in a wrongful death, and the medical malpractice cases are the same. You can divide these damages into two distinctive categories: economic and non-economic damages.
The economic damages that come under it include loss of future earning potential, loss of financial support, and finally, the loss of wages.
The noneconomic damages, though they cannot be completely speculative, include loss of consortium, loss of limbs, loss of child or spouse, emotional distress, and finally, the loss of consortium.
For instance, the first problem that an individual faces with a wrongful death is the legal expert to consult. A personal injury lawyer can help the individual offer the right advice.
Challenges of a Wrongful Death from Medical Negligence:
Most of the medical negligence cases result in defence verdicts. That means the chances of successfully defending a medical malpractice change are high, which is in favor of doctors and medical staff. Here are the common challenges of wrongful death from medical negligence:
Proving Medical Negligence:
One of the biggest challenges of dealing with a wrongful death claim from medical negligence is to prove that it was caused due to medical malpractice. Since the plaintiff has no extra evidence than to rely on the doctor’s note, it’s hard to prove that the death was caused due to medical negligence.
This is why experts always ask an individual to take a private health insurance policy. It is important to prove medical negligence, and it also helps in receiving the right compensation.
Stature Of Limitation
Personal injury claims usually expire at some point. Hence, if you do not file a case within the limitation, the court may probably dismiss your case. Therefore, when dealing with wrongful death, you have to take this into consideration.
Yes, according to law, you usually have between two to three years to file such a case.
Yes, to be precise, the status of limitation for a wrongful death claim commences from the death of the deceased individual. However, for medical malpractice claims, the filing tie begins with the injured person.
Convincing the Jury About the Negligence:
Doctors and medical staff win most wrongful death cases because it’s hard to convince the Jury about the negligence. Juries and legal experts know that the practice of medicine is difficult, and there are multiple ways to treat an injury. So, it becomes very hard for the plaintiff’s lawyer to convince the jury about the negligence of the medical professionals.
Finding an Experienced Medical Malpractice Lawyer:
It’s important to find a well-qualified lawyer who has handled countless medical malpractice cases. Since medical malpractice is a special area of law, you need to find lawyers who have specialization in this field. An experienced lawyer has the knowledge of how to carefully analyze medical evidence to prove your case.
An experienced lawyer knows how to carefully analyze medical evidence to prove your case.
How to Deal a Wrongful Death from Medical Negligence?
To deal with a deal with a wrongful death claim from medical negligence, you need to prove three important elements you need to prove in court.
Duty of Care:
First of all, you need to prove that the medical professionals or doctors owe a duty of care for the deceased. This is the first element you need to prove in the court.
Breach of Duty of Care:
It’s not enough that you prove the duty of care of the doctor; you also need to show that the doctor violated or neglected his/her treatment that caused the death.
Causation:
Next, you need to prove that the cause of death is due to the misconduct or negligence of the doctor, not anything else.
Proof of Damages:
When there is a wrongful death, the plaintiff will get compensation for the loss due to the death. However, the survivor of the deceased needs to show the records or evidence of the damages due to the death.
Although it’s a common thing that doctors owe the responsibility, it’s important that the doctor’s lawyer defend it by stating the health condition of the patient as extremely serious. So, you need a qualified, experienced lawyer to prove the duty of care of the doctor.
The Bottom Line:
Hopefully, the above information has helped you to learn how to deal with wrongful death from medical negligence. Since medical malpractice claims are difficult to handle, it’s advisable to hire a well-qualified and reputable lawyer for a wrongful death claim. Although money cannot relieve pain or suffering, it can help you to reduce your financial burden.
Additional Reading:
