Medical professionals are required to take the Hippocratic Oath. As per the modern version of the oath, all medical professional is required to take measures that benefit the sick. The responsibility translates into the duty to care in the legal context.
Different factors affect liability in medical malpractice cases. In this blog post, we will discuss the elements that determine fault in medical malpractice wrongful death cases.
Medical malpractice refers to the negligent actions or inactions that cause harm the patient. Medical professionals who can be responsible for a wrongful death case due to negligence include nurses, doctors, midwives, and surgeons. A pharmacist can also be responsible for medical malpractice in case wrong medication was prescribed to the patient.
Wrongful death due to wrongful death can occur due to many reasons. A wrongful death attorney will determine the cause of the wrongful death to determine liability. The medical malpractice wrongful death can occur due to the following reasons.
Surgical errors
Misdiagnosis
Error in prescribing medicine
Nursing home abuse
Delay in treatment
Defective medical devices
Negligence of the nursing staff
The above is not an exhaustive list of medical malpractice. Wrongful death can occur at any phase of the initial consultation, treatment, and follow-up. Family members of the deceased victim can sue the medical professional for negligence resulting in wrongful death.
The exact damages you can claim differ depending on the circumstances that lead to wrongful death. Commonly sought damages in case of medical malpractice wrongful death case include medical treatment expenses and lost wages. Victims can also seek damages for emotional pain and anguish due passing away from the victim.
Most medical malpractice wrongful death cases also involve punitive damages. These damages are awarded to deter the guilty party from repeating the actions that led to the wrongful death. Moreover, the damages are awarded to punish the at-fault party for the wrongful actions that resulted in the death of a victim.
Punitive damages are rare in medical malpractice wrongful death cases. The court usually awards if the medical professional had willfully hurt the victim due to malice or other reasons. These damages are reserved for punishing for the most heinous of crimes carried out by the medical professional.
You need to contact a professional wrongful death attorney if your loved one has died due to the negligent actions of a medical professional. An attorney will assess your case to find out what options you can take to seek compensation from the guilty party. You will also know about the process of gather evidence against the at-fault party.
A wrongful death attorney may sometimes advise you to accept a pre-litigation settlement. This will help save you time and cost involved in fighting a wrongful death lawsuit. Never sign any statement from a representative of the guilty medical professional without first consulting with your attorney.
