(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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