According to Medical News Today, the medical industry recently became aware that on average 195,000 patients die each year directly because of wrongful death circumstances. Wrongful death occurs when medical errors are made in hospitals. The study was conducted by HealthGrades Patient Safety in American Hospitals for a period of two years. This study not only supported the previous research study done by the Institute of Medicine in their 1999 report conclusion of 98,000 deaths per year, but dwarfed it.
The statistics for medication injuries (as brought on by preventable prescription errors) were far more staggering; one and a half million people in the year 2006 were injured, according to the National Academy of Sciences.
Health care remains a controversial issue in America today and no doubt the medical community is feeling the heat. It’s understandable that all doctors are prone to human error. However, there is a big difference between a simple mistake that can be rectified and an act of deliberate negligence that results in an innocent patient’s wrongful death.
It’s easy to suggest that any person who has lost someone in death has the right to pursue a medical malpractice claim. However, what are the circumstances that would actually make such a lawsuit feasible? According to West's Encyclopedia of American Law, the plaintiff must prove to a judge or jury that the “acts of omissions of the defendant were the proximate cause of the deceased person’s death.” In other words, the plaintiff must prove that the doctor’s direct or sometimes indirect contact brought about a series of events that led to the patient’s wrongful death. The party who decides to file suit is usually the surviving family of the deceased, such as a spouse, a grown child, a parent or a next-of-kin.
It’s important to understand that grief plays a factor in these circumstances. For a parent who has lost a child, a complex lawsuit is usually the last thing on his mind. However, some states do have specific requirements regarding the “statue of limitations” so it’s important to act as soon as possible.
You don’t have to wage such a battle on your own. It helps tremendously to have a smart and experienced lawyer working on your side. If there are circumstances that implicate a doctor or nurse for medical malpractice and wrongful death then you may be entitled to compensation. Total damages may include the recovery of medical costs, funeral expenses, the loss of financial support, pain and suffering, and even the loss of a loved one’s companionship.
This is why you need to talk to a medical malpractice lawyer who specializes in wrongful death. Do not hesitate to talk to a lawyer regarding your case. We have a Dallas wrongful death attorney who would be happy to assess your case and give you a free consultation without any commitment. Contact Rasansky Law Firm at 1-877-659-1620 or complete our form and unload your burden.