One of the most horrible things you can experience in your life is losing a loved one. However, if that loss results from a medical professional’s wrong doing or negligence, then it may be possible to file a wrongful death claim.
Even though it may seem disrespectful or crass to think about legal action when you lose someone you love, the law does require you to act within a certain amount of time. This is especially true if the cause of the death is related to possible medical malpractice, instead of regular negligence or some other attributable cause, including assault. In this situation, your case is going to have to adhere to the strict filing deadlines and requirements in place.
Who is Able to Sue for a Wrongful Death?
The person who is able to sue for a wrongful death case will be dependent on a number of factors. In most cases, the deceased person’s children, parents and spouses will have the legal right to file a lawsuit. In some situations, even more extended family members of the deceased individual, such as their siblings, domestic partners and grandparents.
Also, if you are planning on suing a medical professional or a hospital for malpractice that is related to the wrongful death, you may have to provide a notice to the professional or facility prior to the lawsuit can be filed.
Who are You Able to Sue for a Wrongful Death Case?
If any health care professional, including a nurse or doctor, acts in a negligent manner and that negligence results in the death of your loved one, then not only can that person be held liability, but the medical group or hospital they work with, in or for, may also be liable. Each of the cases will depend on the details of the way that the treatment was provided, and what entity or who was responsible for certain duties.
An example of this is if an infection occurred in a post-surgical patient because the hospital maintenance cred failed to replace the air filters. In this case, the hospital, rather than the nurses or doctors, would be the ones who were responsible. However, if a nurse did not wash her hands after treating a patient’s infection, then gave it to someone else, then the nurse themselves, as well as the employer may be considered liable.
Damages in Wrongful Death Cases
In most cases, the damages that will be awarded in a wrongful death case will include a person’s pain and suffering related to the loss of the deceased person, funeral costs, medical costs and any income lost because of the person’s death.
If you are facing a situation where you lost a loved one due to the negligent actions of a medical practitioner or facility, then it is best to contact a personal injury attorney. They can help you recover the compensation you deserve.