Every time that we submit ourselves to medical treatment, we more or less expect to receive reasonable care. At the very least, we assume that our health care providers will provide us with care that won’t harm us. Sometimes, however, medical professionals make very serious mistakes that do cause injury or infection to the patient. In the worst cases, these new conditions may be fatal.
If someone you love has passed away as the result of unprofessional or unsafe medical treatment, then you have the right to recover damages from the party at fault.
Elements of a Successful Wrongful Death Case
In order to have a successful wrongful death case, you must be able to prove that certain elements are present. By proving the existence of the following (all in correlation with your case), then you may be able to recover the damages you deserve:
- Death of the patient
- The fatality was the result of another party’s negligence (or malicious intent)
- The survival of you, a family member, and your suffering of financial losses
- The appointment of a representative to handle the deceased’s estate
The most difficult part of making an effective wrongful death claim is proving that your loved one’s death was the result of someone else’ negligence. Depending on the circumstances, it may be quite hard to successfully verify the fact that the patient’s death was directly correlated with the health care provider’s poor treatment (or failure to treat).
There are certain damages that you can recover in a successful wrongful death case. As the family member of someone who lost his or her life unfairly, you likely have had to deal with a number of great emotional and financial strains. Therefore, you are eligible to receive compensation for these grievances. Damages that you may be granted should cover the following:
- Medical bills
- Funeral expenses
- Lost future wages
- Loss of companionship
- Loss of parental guidance
- The deceased’s Pain and suffering
By fighting to claim damages for your loved one’s death, not only will you receive the compensation you deserve, but you will also play a large role in ensuring that the acting physician does not make the same, devastating mistake in the future.