The National Institutes of Health estimates that over 200,000 deaths occur annually due to preventable medical errors. While not all medical errors result in lawsuits, the Bureau of Justice Statistics reports that a significant number of malpractice suits are filed against healthcare professionals each year.
Medical negligence happens when doctors or hospitals make serious medical mistakes, which, sadly, lead to death. During these times, families are left confused and in pain due to the unfairness of the situation.
According to Frank Santini Law, grieving families can seek legal help in these situations. A wrongful death attorney can give you a chance to receive the compensation you deserve for losing a family member.
Here are the steps you can take to serve justice for the medical negligence done to your loved ones.
What Does Medical Negligence Mean?
In medical negligence, the practitioner does not maintain the standard of care, thereby causing injury or harm. You can consider it a breach of trust that patients bestow upon doctors and nurses to make the right health decisions.
Patients are supposed to be treated and well cared for during medical procedures. But any lapses in judgment or mistakes done by the health provider can lead to serious consequences.
New Haven personal injury attorney John F. Wynne, Jr, says victims of medical malpractice or negligence can incur significant economic and non-economic damages. Economic damages are specific, measurable damages whereas non-economic damages are more subjective and are not readily quantifiable.
If a loved one dies due to medical negligence, family members can seek just compensation.
Establishing a Wrongful Death Claim
Deciding to initiate a wrongful death claim is an important step to achieve justice concerning your loss. You must collect evidence, such as medical records and expert testimonies. Using this evidence, you need to show that the negligence caused the death of your loved one, which, in a way also impacted your life. In doing so, you compose a tribute to their memory and enforce accountability within the healthcare system.
You become a part of a community committed to doing the right thing so others will not fall victim. Your journey matters, and fighting this claim will give you some relief.
Key Elements Required for a Successful Case
To proceed with a medical negligence claim, several items must be established to show the provider’s failure to uphold the standard of care.
There must be proof that a doctor-patient relationship existed and that a duty of care was owed. Evidence must show that the health care practitioner performed an act or omission that amounted to negligence.
This negligent act or omission must be proved to be the actual cause of the loved one’s death. Evidence of damages must be established to demonstrate emotional anguish, loss or grief, or financial detriment; these are compensation claims.
Once these key elements are acquired, you will have the advantage to obtain justice for your loved ones.
The Legal Process for Filing a Lawsuit
Prior to making decisions regarding the lawsuit process, it is important to take several factors into account. The first move is to get help from a lawyer specializing in medical negligence. The lawyer will explain the required steps and gather crucial evidence for your case.
You must file your complaint in court against the healthcare professional, setting into motion your lawsuit. In return, both parties enter the discovery phase to exchange relevant information and evidence. If both parties fail to settle, the case will proceed to trial, where they will present their arguments.
You and your lawyer will deal with these problems in a planned way and keep the lines of communication open. Remember, you are not by yourself.
Seeking Compensation and Justice
How can you ensure justice and proper compensation are received? Step one would be to collect all medical records and related papers. Then, a lawyer who specializes in medical negligence can be consulted, after which the claims can be pursued through the procedure, making sure there is fair treatment under the law.
Many people suffer the same tragedy and receive justice. Usually, you have to wait to be compensated in medical negligence cases, but what you invest in time and effort is now going to help a lot during your healing process and hold those who are at fault accountable.
The cause you are fighting for is important and has the potential to change lives.
