Thursday, August 4, 2016

Lost a loved one due to medical errors? Here are some legal remedies as explained by legal experts…

(Dakota, MN) – August 4th, 2016 - When a patient dies due to medical errors or hospital neglect that was potentially preventable, the victim’s estate can file two types of lawsuits against the physician: a survivor action and/or a wrongful death action. In many cases the aggrieved family members file both lawsuits although it is critical to be aware that the damages are different in the two lawsuits.

No hospital is perfect but neglect is something entirely different and medical malpractice lawyers in Dakota, MN know this for sure.  
Sterling medical malpractice lawyers in Dakota, MN point out that the victim’s estate does not sue for the pain and suffering inflicted on their loved one. Instead they can sue for losses that the family members have suffered due to the death of one of its members.

State laws dictate what kind of damages you can claim from a wrongful death case and each state has a different set of rules. Therefore it is always prudent to consult a legal counselor for information on how specific laws could impact your medical malpractice insurance claim.

Wrongful-death Action Arguments

According to Minnesota medical malpractice lawyers, some of the arguments put forth in wrongful death lawsuits include:
  • The patient died due to a preventable medical error
  • The victim has immediate family members
  • The family members have suffered losses due to the death of their loved one
  • The doctor or the hospital must compensate family members for their losses

What are the damages in a wrongful death case?

As for the plaintiffs, the victim’s estate can claim compensation on several grounds. This includes:
  • Loss of companionship and intimacy pertinent for spouses
  • 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 can lead to the death of the patient
  • This medical error harmed the patient and caused pain and suffering
  • The patient would have sued the doctor or the hospital for medical negligence if he/she had been alive
  • The negligent doctor must not escape liability just because the patient is dead
  • The liable individual must be made to pay adequate compensation to survivors of the deceased

Now in the book The Bad-Ass Librarians of Timbuktu by Joshua Hammer in 2009, terrorists grabbed two female Canadians who were in North Africa attending a music concert (they should not have went). These terrorists were led by a zealot who saw no wrong in what he did. His name was Abou Zeid who was a murderer and a thug and who believed in a strict view of Islam. They treated these woman terribly. For instance, one was bit by a scorpion and her arm was turning necrotic. The terrorists gave her no ointment or medicine.

Yes, these are terrorists and do not deserve to be sued but need to be taken off the planet but even in America sometimes hospitals neglect patients. Now hospitals in America do not kidnap anyone and hold them for ransom but neglect does occur. If this happens to you or someone you care about you need to press right here @ Medical-Malpractice.USAttorneys. Legal help can be right around the virtual corner.

Dakota, MN medical malpractice attorneys reiterate that the concept of a survivor claim is simple. Every person has the right to sue when they are harmed due to hospital neglect or a medical professional’s negligent actions. That right must not die with the death of an individual who has been harmed. Thus the patient’s estate can sue the parties responsible for damages.

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

Medical malpractice suits are complex legal procedures that require expert assistance. Moreover, legal pros that specialize in medical malpractice cases are well versed with the pre-filing procedures. Therefore, if you have lost a loved one due to malpractice or hospital neglect, make sure to reach out to a Minnesota medical malpractice lawyer who will know how to meet all challenges head on. 

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