If you have lost your loved one due to the fault of a healthcare professional, your loved one will be a victim of medical malpractice and it would be a case of wrongful death due to medical malpractice. In such a situation, the deceased’s loved one or estate would be able to file a wrongful death lawsuit against the responsible individual. According to studies done by the Institute of Medicine, around 44,000 – 98,000 Americans lose their lives every year in the care homes and hospitals due to medical errors that are very much preventable.
Dealing with the death of a loved one is not easy and it becomes even more difficult to accept when the death is caused unexpectedly. If you have recently lost family member or a loved one, it is quite normal for you to feel intense emotional pain and anguish. It could even be an extremely stressful time for the entire family. While you are mourning your loss, you would also need to plan the funeral and memorial service, take over your deceased loved one’s finances as well as make all the decisions regarding probate.
In such a situation, while you are grieving, filing a lawsuit may be the last thing that you would think about. Many people feel that though medical malpractice was the cause of death, filing a lawsuit isn’t really worth it as it cannot get their loved one back. However, it is important that you, at least, try to seek legal remedy in such a case with the help of a Miami wrongful death lawyer.
Wrongful death: There are mainly two types of lawsuits that arise when a patient dies because of the fault of a medical practitioner. These two types of lawsuits would include – wrongful death actions and survivor actions. Both of these suits are a form of medical malpractice case. In most of the cases, the victim’s family or loved ones would file both the claims in the same area. However, it is important to know that damages offered in these two types may vary from each other. When you file a wrongful death claim, you basically make the following arguments:
The patient’s death was caused by a medical error that should not have taken placeThe patient was a very close family member of yoursThe patient’s family and loved ones suffered a great loss because of their loved one’s death
Therefore, the medical professional, responsible for the death, is liable for compensating for all the losses, sufferings and damages that have stemmed from the death.