Wrongful Death Malpractice

The term wrongful death malpractice is actually the combination of two areas of law. The first part is one area of law that deals specifically with compensation for death caused by such things as negligence or misconduct. Both negligence and misconduct will be more extensively defined later in this article. Wrongful death lawsuits are usually brought by a family member or legal representative of the deceased. The death can be caused by another individual, a corporation, or any type of organization. The second part of the term, malpractice, is also a specific legal term. However, it is directly related to lawsuits which allege that doctors or other medical professionals made mistakes during the course of treating the injured person. Generally speaking, mistakes include misdiagnosis, mistreatment, delayed diagnosis, failure to diagnosis, surgical errors, and other medical errors. Malpractice can also be the result of any various types of negligence. Consult an attorney with questions about whether or not a death may be attributable to negligence or misconduct because not all errors in medical treatment or diagnosis are necessarily considered malpractice.

According to some online legal websites there are certain risks and margins for error inherent to the practice of medicine. Even if the person dies as a result of medical malpractice, it may not always be obvious at first. Christians must not be too hasty in making judgments. Gather all the available facts first and then consult an attorney. Proving malpractice can be difficult. Basically, the idea behind a wrongful death malpractice lawsuit is that the people who were dependent upon the deceased were also injure. They may have been dependent for both financial and emotional support. Who can sue for compensation varies from state to state and legal jurisdiction to jurisdiction. States determine who is permitted to bring a wrongful death malpractice suit. Many states allow only a spouse or children of the deceased to file a suit. It would be impossible to give an accurate estimate of the amount of damages a person might receive in a case. Awarding damages is a complex process.

Under most circumstances, survivors can sue for medical bills that were paid to care for the person, as well as for burial expenses. But keep in mind that the idea behind a wrongful death malpractice suit is that the survivors have been injured as well. Therefore, determining the amount of damages to be awarded also requires careful consideration of what income and assets the deceased person might have earned in the future had he or she lived. Also, pain and suffering experienced by survivors as a result of a loved one passing away may also be considered. Pain and suffering are subjective. So, it's obvious as to why calculating damage awards can be complicated. Determining a person's potential worth over time isn't as easy as it may sound, and damage awards based on pain and suffering could very well be dependent on how a judge or jury views the plaintiff. Christians seeking monetary damages for pain and suffering should attempt to keep things in the proper perspective. Pain and suffering is a frequent topic in the Bible.

Christ suffered one of the most painful forms of execution ever devised my man. Job suffered considerably as well, but he still kept his faith in God through his ordeal. God's reward was eternal, not material. Cash damages for pain and suffering are without a doubt material and will be depleted over time. Therefore, Christians should first seek comfort from God who redeems all. "The troubles of my heart are enlarged: O bring thou me out of my distresses. Look upon mine affliction and my pain; and forgive all my sins. Consider mine enemies; for they are many; and they hate me with cruel hatred. O keep my soul, and deliver me: let me not be ashamed; for I put my trust in thee. Let integrity and uprightness preserve me; and I wait on thee." (Psalms 25: 17-21)

Determining negligence will most likely be at the center of any wrongful death malpractice lawsuit. Again, negligence is a specific legal term. Basically, it is a failure or breach of duty of care by a doctor or other medical professional. Nurses, therapists and any other person involved in the care of a patient may be found to be negligent. If a doctor fails to provide an adequate level of care for a patient, then he or she may have been negligent. However, it is very important to remember that all medical errors are not the result of negligence. There are various legal obstacles to navigate in order to prove negligence and wrongful death malpractice. One online law firm lists four steps to successfully proving negligence. First, it must be proven that the doctor had a duty to the deceased. Second, the doctor failed to fulfill his or her duty, which resulted in a breach of duty. Third, the death was caused by the doctor's breach of duty. Finally, the survivor's family or dependents are damaged as a result of the loss of the individual.

Misconduct in a wrongful death malpractice case is the failure of a doctor or other medical professional to provide appropriate care to a patient either through ignorance, negligence or criminal intent. Misconduct can include law violations, regulations, and professional standards. These cases are time sensitive. For the most part, the statute of limitations clock starts winding down from the time of the incident. Wrongful death malpractice cases will have a different statute of limitations then other negligence or malpractice cases. Consult an attorney for details because every wrongful death statute, medical malpractice or otherwise, includes a statute of limitations. Limitations restrict the time between the wrongful death and the time legal action can be initiated.