What are the legal remedies when a patient dies due to medical errors?

When a patient dies due to medical errors or hospital neglect that was preventable there are two types of lawsuits that can be filed against the physician, a survivor action and a wrongful death action. In many instances the aggrieved family members file both lawsuits. Damages are different in the two different types of lawsuits.

Wrongful-death Action Arguments

• The physician’s patient died due to a preventable medical error.
• There are several extremely close family members of the patient.
• The family members have suffered losses due to the death of their loved one.
• The doctor or the hospital must compensate family members for the losses

Medical malpractice lawyers in Miami, FL point out that the family members do not sue for the pain and suffering inflicted on their loved one. Instead they sue for the loss that the family members have suffered due to the death of a member. However, there is an exception in some states where you are allowed to sue for the harm the deceased was forced to suffer. You would hope so.

The state laws dictate what kind of damages you can claim from a wrongful death case and each state has a different set of rules. For a plaintiff the legal jargon is too much to digest and therefore it is always to consult a local Miami or Southeast Florida medical malpractice attorney to learn about the state laws and how it could impact your medical malpractice claim.

What are the damages in a wrongful death case?

• Loss of companionship and intimacy pertinent for spouses (or anyone)
• Loss of support emotional support and love
• Financial loss
• Funeral expenses
• Medical expenses
• Compensation for pain and suffering of the deceased

Survivor Action Arguments

• A preventable medical error has led to the death of the patient.
• This medical error harmed the patient before death and caused pain and suffering.
• The patient would have sued the doctor or the hospital for medical negligence if he/she had been alive, for compensation and to make things right.
• The negligent doctor must not escape the liability just because the patient is dead.
• The liable individual must be made to pay proper damages to survivors of the deceased.

The concept of survivor claim is simple according to Miami, Florida medical malpractice lawyers. Every person has the right to sue when they are harmed due a negligent action of an individual or hospital neglect. That right must not die with the death of an individual who has been harmed. The military veterans who were killed by socialized medicine which is what the VA is know all about this. Thus the estate of the patient can sue the people responsible for damages.

Still not quite sure on how to find or secure a medical malpractice legal professional? Contact us. Use this legal digital tool to make this happen. It is: Medical-Malpractice.USAttorneys.

Why do you need to consult a lawyer as soon as a malpractice is evident?

Medical malpractice suits are complex legal procedures that require expert assistance. A plaintiff will never know how to evaluate medical records to spot anomalies in treatments. Outstanding medical professionals will only have the clinical eye to spot lapses in treatment and a Southeast Florida medical malpractice lawyer will know exactly who to consult for an evaluation of the reports. They have contacts in the medical community.

Moreover, legal professionals that specialize in medical malpractice cases are well versed with the pre-filing procedures. Remember, the doctor or hospital and their insurance provider will come fully prepared to nullify your claims of malpractice or hospital neglect with their own legal team. It is your legal representative that will know how to meet these challenges head on.