Legal issues in medical malpractice resulting to wrongful death

When your loved one died because of the negligent act of his/her attending physician, you can file a wrongful death lawsuit.

When a doctor or nurse fails to exercise the level of skill in treating a patient that other medical practitioner would do, a liability can be established.

The surviving family members (distributees) can assert that such negligent act
or failure to act had caused fatal injuries to the decedent.

Some Medical malpractice cases are:

1. Failure to correctly diagnose an illness or medical condition
2. Failure to administer proper treatment for the disease
3. Unreasonable delay in providing medical treatment

The decedent's personal representative can file the medical malpractice lawsuit in court.

Damages for Medical malpractice lawsuit

The distributees can assert damages for the following losses:

a. medical and funeral expenses
b. loss of consortium
c. loss prospect of future inheritance
d. loss of comfort and companionship
e. pain and suffering

The distributees can also hire professionals to provide expert opinion on the cause of death.

When two or more medical practitioners are involved in the medical malpractice suit, each defendant will face corresponding charges and penalties under federal and state law. Defendants will have to pay economic and noneconomic damages depending on the level of fault of each.

Statute of Limitations

The distributees can pursue medical malpractice lawsuit within three years from the date of the person's death. The suit can also be filed within one year from the time of discovery. One example is the discovery of a surgical tool inside the person's body. The statute of limitation only starts upon the discovery of such foreign object.

Arbitration

Both parties may agree to negotiate a settlement of the matter. The plaintiff can set an amount as compensation for expenses and losses. The defendant can give such amount or come up with an amiable settlement. However, the court can review such payment.

Hiring a medical malpractice lawyer

If your family has decided to pursue the medical malpractice lawsuit, hire an experienced attorney in California to ensure a winning case. Such type of lawsuit usually has well-established defense law firms.

A professional attorney, specializing in medical malpractice cases can help you build a substantial case against the negligent medical practitioners. He/she must have technical expertise in litigating the specific medical condition of the decedent.
 
Consult with Wrongful death attorney in California to help you file the lawsuit today.