Visit Cochran Firm National
Home » News » Wrongful Death Caused by Medical Malpractice

Wrongful Death Caused by Medical Malpractice

by The Cochran Firm Phildelphia   | November 28, 2024

The unexpected death of a loved one due to a medical mistake is tragic and may have been preventable. Medical professionals owe a duty of care to the patients they serve. While mistakes are common in all workplaces, a fatal medical error is of particular concern.

Entrusting a loved one to the care of others is not easy, but it is essential for medical treatment and care. When a doctor, nurse, pharmacist, or other health care provider makes a deadly mistake, they are at risk of a wrongful death claim or lawsuit.

Understanding how to proceed with a wrongful death civil case is vital for protecting your best interests. Wrongful death caused by medical malpractice is best understood with help from a Philadelphia wrongful death lawyer.

Wrongful Death 101

What is wrongful death by medical malpractice?

Some patients experience untreatable illnesses or fatal injuries. Despite life-saving attempts by medical professionals, deaths are a sad yet common daily occurrence.

A death due to a medical condition is not medical malpractice unless a medical mistake or error causes the death. Negligence involving patient care can result in legal action for justice and compensation regarding damages.

For the medical community, malpractice involving negligence addresses the following duty of care standards:

  • A medical professional provides a duty of care owed to every patient.
  • There is a breach of the duty of care.
  • An injury or other harm results from the breach of duty.
  • The patient suffered damages due to the breach.

According to a study by Johns Hopkins Medicine, medical mistakes are the third-leading cause of death in the United States. One of perhaps the most devastating types of medical mistakes is a misdiagnosis.

A misdiagnosis starts a chain of events down the wrong treatment path while never addressing the original issue. Patients find themselves undergoing unnecessary and potentially deadly procedures. Delayed diagnosis is another type of medical malpractice that can result in an untimely death.

Other examples of medical mistakes, errors, and malpractice include:

  • Birth injuries
  • Pressure sores
  • Injuries from falls
  • Wrong side surgery
  • Medication mistakes
  • Hospital-acquired infections
  • Leaving surgical instruments within a body.

Health care workers are often overworked, tired, and overwhelmed by patient volume. While mistakes are possible in any profession, health care workers are held to a higher standard of care.

If you lost a close loved one due to a medical mistake or error, a Philadelphia wrongful death attorney may be able to help you fight for justice. Holding the liable parties accountable may prevent the same mistake from taking another life.

Medical malpractice that results in the wrongful death of a loved one is unfair and demands justice. Protect your best interests by contacting a wrongful death medical malpractice attorney today.

Medical Malpractice Claims and Lawsuits: What to Know

Medical malpractice law is complex and best left to an experienced attorney.

Medical malpractice is a civil issue involving insurance companies, health care providers, and lawyers. Most insurance companies have medical malpractice lawyers to assist them with civil lawsuits.

No civil case can replace the devastating loss of a close loved one. However, pursuing a wrongful death case is your right when a loved one dies due to the negligence of a person or organization.

Insurers who represent medical professionals are too experienced for you to take them on alone. It is especially difficult to make crucial decisions regarding a possible settlement during your time of grief.

A case involving wrongful death by medical malpractice deserves an attorney who will fight for the following:

  • Economic damages: medical expenses, lost wages and potential future earnings, and loss of inheritance for surviving children
  • Non-economic damages: loss of companionship, consortium, pain and suffering.

Placing a dollar amount on your non-economic damages is challenging if you are unfamiliar with civil law. To protect your best interests, it is best to contact a Philadelphia wrongful death attorney for help with your claim or lawsuit.

Wrongful Death Claims and Lawsuits

Settlements out of court versus compensation in court

Depending upon the details of your case, an insurance company will either fight your claim or offer to settle for a low amount. A wrongful death attorney can protect you from accepting less than you deserve by fighting for what is fair.

If your wrongful death lawsuit goes to trial, an experienced litigation attorney can present your case before a judge and jury. Your attorney can also prepare you for trial by outlining the process.

Understanding your options during the most stressful and upsetting time is crucial for your case. If you seek to file a civil lawsuit regarding wrongful death from medical malpractice, consider hiring an attorney.

Most Philadelphia wrongful death attorneys require no retainer and collect their fee upon completing your case. Victims seeking compensation must act quickly due to the two-year statute of limitations.

The statute of limitations begins when your loved one dies from medical malpractice. You must take immediate action if you suspect your loved one died due to malpractice. Once your case is in experienced legal hands, you can focus on your family and grief.

The Dos and Don’ts of Wrongful Death Medical Malpractice Cases

The steps you take immediately following your loss can gravely influence the outcome of your civil case. The following dos and don’ts are helpful tips to keep in mind during your time of grief:

  • Do lean on the support of friends and family: Allow others to help ease your load with a meal, help with laundry, or other kind acts.
  • Do reflect on your loved one’s life: From planning a memorial to reminiscing about special moments, reflection can warm the heart and soothe the soul.
  • Do contact an attorney as soon as possible: If you suspect medical malpractice for your loved one’s death, contact an attorney without delay.
  • Don’t rely on the responsible party’s insurer to take care of you: Refuse to sign or accept any offers until you contact a wrongful death medical malpractice attorney.
  • Don’t underestimate the power of accountability: A civil case is about more than compensation for your damages. It can also serve as a form of justice on behalf of your loved one.

What Do I Need for a Wrongful Death Medical Malpractice Case?

Detailed documentation is imperative for a wrongful death case.

Evidence relating to your loved one’s wrongful death is vital for proving negligence. The following types of evidence can provide valuable information for your medical malpractice attorney:

  • Medical records: Documentation of diagnosis, treatments, procedures, and medications are crucial information for your case.
  • Photographs or video: Pictures of injuries, medical environment, or video capturing mistakes or errors can serve as valuable evidence.
  • Witness contact information: Phone numbers, email information, and names of witnesses who may provide helpful documentation of events.
  • Final expenses for your loved one: Funeral, burial, or cremation cost documentation.

Grief can leave you in a fog as you navigate life without your loved one. You do not have to manage your case alone.

Wrongful death medical malpractice attorneys are caring and compassionate. Your attorney will aggressively represent you while serving you with calm and grace.

Your Philadelphia Wrongful Death from Medical Malpractice Attorneys

The Cochran Firm in Philadelphia helps victims of wrongful death

Patients in need of medical care entrust those providing it with their lives. No one expects to send their loved one into the hospital or surgery only to receive shocking news of their death.

Twenty-four months is a blur when there is the sudden loss of a family member. If the statute of limitations expires before you file your lawsuit, you have no legal options.

If you lost a loved one due to medical malpractice, you may have legal options. Schedule a free consultation with The Cochran Firm in Philadelphia today to learn more. Our firm has a long-standing tradition of helping victims of medical malpractice. Call 800-969-4400 today.

Get a free consultation

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram