Thursday, March 17, 2016

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

Medical malpractice tragically causes the deaths of many all across America every year. Doctors, surgeons, specialists, and other health care professionals are all generally regarded highly in society and revered for what they do. But sometimes they are lethargic or incompetent, and when they are, people need a medical malpractice lawyer which can obtained right here: Medical-Malpractice.USAttorneys.

People go as far as to say that they save lives because they do all the time and they would save more lives if government was not regulating them down the tubes which has forced many doctors away from their patients under the ACA but this is another topic. These are highly educated professionals that go under oath to care for their patients to the best of their abilities.

However, doctors are human at the end of the day too and we are all prone to making mistakes but when it is more than just a mistake, when it is negligence or deemed as such – that is noteworthy. So when someone’s life is in your hands, you cannot just say this is OK and walk away from the situation without consequences. You can be sued in civil court and you will be held liable for economic, non-economic, and punitive damages courtesy of a medical malpractice lawsuit.

As per statistics published by the Institute of Medicine, a staggering number of Americans die every year due to medical malpractice. This number is generally within the range of 44,000 to 98,000 people. If you have lost a loved one due to the malpractice or hospital neglect then you must not waste any time in consulting a medical malpractice lawyer in your state to evaluate your claim and work towards getting the compensation you deserve through a medical malpractice claim or lawsuit.

Wrongful Death Actions

In case the professional negligence of a doctor or hospital neglect has resulted in the death of a family member, then you can file a wrongful death lawsuit with the help of your medical malpractice attorney. A wrongful death lawsuit may be filed if one or more of these conditions are satisfied:
  1. The defendant committed a medical error and it resulted in the death of his or her patient. 
  2. The patient is survived by immediate family members.
  3. The surviving family members of the deceased patient have suffered quantifiable economic damages and unquantifiable non-economic damages as the result of death of the patient in question.
  4. The defendant or defendants or their medical insurers are liable for compensating the estate of the deceased victim of malpractice for their damages.

Det. Roland 'Prez' Pryzbylewski in The Wire knows all about wrong death situations. He killed another police officer in the line of duty at night by shooting him. He did not even wait for other person, the cop, to say something. Prez just fired two shots to his upper chest area. Not smart Prez! But he was right on when he punched Maj. Stanislaus Valchek – Valchek was a fool!

This shooting was not medically related but it was a wrongful death!


Non-Economic Damages in a Wrongful Death Suit

Medical malpractice lawyers reiterate that it is important to understand that in a wrongful death lawsuit, the estate of the deceased will not be able to seek damages caused directly to the patient but instead can only sue for the damages caused to them as a result of the death of their loved one.

Some of the non-economic damages which can be claimed are things such as loss of consortium, loss of support, loss of companionship, financial costs for medical care (prior to death), cost of funeral, pain and suffering, emotional distress, etc.

Remember that hospital neglect and medical malpractice lawsuits are subject to a statute of limitations. This is why if you are a victim of a doctor’s or hospital’s negligence and have suffered serious injuries, it is vital to seek help from a medical malpractice lawyer without delay. Your legal professional will evaluate your claim and make sure you are aggressively represented if your case goes to trial and even if it does not! 

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