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Placing our trust in medical professionals is a natural part of seeking care for an injury or illness. We expect the highest standard of treatment, but tragically, that standard is not always met. When a healthcare provider’s negligence leads to a patient’s death, it is known as wrongful death, and the surviving family members may be entitled to compensation.
If your family has suffered such a loss, our wrongful death lawyers at Shelsby & Leoni are here to help you understand your rights.
What is a Wrongful Death Claim in a Medical Context?
A wrongful death claim is a civil action taken when a person dies due to the negligent or wrongful act of another party. While these claims can arise from various situations, such as car accidents, they are particularly relevant in medical malpractice.
In a medical context, a wrongful death may occur if a doctor:
- Fails to diagnose a life-threatening condition in time.
- Makes a critical error during surgery.
- Anesthesiologist fails to monitor a patient’s vital signs properly.
In these cases, the responsible healthcare provider can be held liable for the fatal outcome.
Wrongful Death of a Child During Birth
The loss of a child is an unimaginable tragedy. Devastatingly, many of these deaths are preventable and occur due to negligence during labor and delivery. Common examples of birth-related malpractice that can lead to wrongful death include:
- Failure to monitor the baby’s vital signs.
- Delaying a necessary Cesarean section, leading to fatal brain damage.
- Improper use of assistive devices like forceps or vacuum extractors.
- Missing maternal infections or complications like gestational diabetes.
Wrongful Death vs. Survival Action: What’s the Difference?
When pursuing a medical malpractice case involving a death, it’s important to understand the two primary types of legal claims you can file.
Claim Type
Purpose of the Claim
Claim Type
Purpose of the Claim
To compensate the surviving family members for their losses. This includes funeral expenses, lost income the deceased would have provided, and non-economic damages like pain, suffering, and loss of companionship.
Claim Type
Purpose of the Claim
To recover damages on behalf of the deceased’s estate for the suffering they endured between the time of the negligent act and their death. This is common in cases where a patient lives for a period after a misdiagnosis or surgical error before passing away.
A survival action focuses on the victim’s losses, while a wrongful death claim focuses on the family’s losses. An experienced attorney can determine the appropriate legal strategy for your situation.
Who Can File a Wrongful Death Lawsuit?
Each state has specific laws dictating who is eligible to file a wrongful death claim. In Delaware, for example, the right to file is generally limited to immediate family members.
Eligible Parties
Important Considerations
Eligible Parties
Important Considerations
The legal spouse at the time of death can file. Unmarried partners and ex-spouses are typically not eligible.
Eligible Parties
Important Considerations
Biological and adopted children have the right to file. Stepchildren may only be able to file if no other immediate relatives exist.
Eligible Parties
Important Considerations
Biological and adoptive parents can file a claim.
Eligible Parties
Important Considerations
Biological, adoptive, and half-siblings are generally permitted to file.
In some cases, if no immediate relatives are available, other family members who can prove significant hardship due to the death may be able to file.
Who is Held Liable for a Medical Wrongful Death?
Determining liability can be complex. Doctors, nurses, and other medical staff can all be held responsible. Even the hospital or healthcare facility may be liable if the negligent party was an employee or if the facility was negligent in granting staff privileges. Proving liability requires demonstrating that another medical professional with similar training would have acted differently and avoided the fatal error.
Do You Need a Wrongful Death Lawyer?
Grieving the loss of a loved one is an overwhelming experience. Attempting to navigate the complexities of a wrongful death lawsuit on your own during this time is not only difficult but also risky.
A dedicated wrongful death lawyer will:
- Provide a clear assessment of your case and explain the legal process.
- Gather evidence, interview witnesses, and consult with medical experts to build a strong case.
- File all paperwork correctly, meet strict deadlines, and navigate the legal system on your behalf.
- Advocate for the full amount of damages your family is entitled to, covering medical bills, lost income, and the profound emotional loss you have suffered.
Let Shelsby & Leoni Help Your Family Find Justice
You should not have to face financial instability on top of your grief. By working with a skilled medical malpractice wrongful death lawyer, you can fight for the compensation your family deserves.
Contact Shelsby & Leoni today for a compassionate and confidential consultation to discuss your claim.
