Ok so here’s the number one mistake families make after losing a loved one due to medical negligence:
They hire the first attorney they come across.
Hey, wrongful death medical negligence lawsuits are difficult. The opposition has BILLIONS OF DOLLARS behind them. They WILL destroy families who don’t have someone in their corner fighting just as hard.
The Truth…
Did you know that medical errors cause MORE THAN 250,000 deaths annually in the United States? That makes it the third leading cause of death in the country. Behind only heart disease and cancer.
Yet the majority of these deaths are written off.
The families that stand up and fight for their rights? They almost always hire a specialized attorney to take on their case. Having a specialized attorney is the best thing any family can do to ensure their rights are protected during a wrongful death medical negligence case.
What you’ll learn:
- What Is Wrongful Death Medical Negligence?
- Why Do You Need A Specialized Attorney?
- How Does A Healthcare Attorney Build Your Case?
- Common Types of Medical Negligence That Cause Wrongful Death
- How To Choose The Right Attorney
What Is Wrongful Death Medical Negligence?
Wrongful death medical negligence occurs when a healthcare professional deviates from what is considered to be the “accepted standard of care” for treating a patient, and that patient dies as a result.
In order to prove wrongful death medical negligence, the following must be proven:
- Duty of care existed
- The standard of care was not met
- Due to that breach of care, the patient died
- Damages were incurred by the surviving family
Simple right?
Think again. These cases require testimony from medical experts. Airtight documentation from medical records. AND an attorney who has extensive experience dealing with both medicine and the justice system. That is why getting legal guidance for medical malpractice from a specialized wrongful death medical negligence attorney is so crucial.
Why Do You Need A Specialized Attorney?
Alright, so here’s the deal.
Not all lawyers are going to comprehend the medical side of these cases. In order to argue a wrongful death medical negligence claim, you need someone who can understand what the doctors are saying. Then goes in there and EDUCATES the court on where they went wrong.
That’s why a specialized attorney matters. Not only will they understand every complex medical term being thrown around, but they will also have…
Knowledge of medicine. They understand procedures, terminology and standards of care inside and out.
Access to medical experts who can testify on your behalf. Finding the right expert can make or break a case.
Previous experience litigating with large insurance companies. Hospitals and doctors carry massive malpractice insurance policies. And those insurance companies will do whatever they can to save money on your case.
Trying to match wits with an insurance company that hires top-tier legal teams? Good luck.
Imagine hiring a dentist to do open heart surgery. Sure, they might be great dentists… but performing heart surgery is not what they do.
The same logic applies here.
How Does A Healthcare Attorney Build Your Case?
So how does a specialized attorney go about building a case? Here are the 4 basic steps they will take:
Step 1: They’ll obtain and review ALL medical records pertaining to the patient.
This allows them and their medical experts to determine where the provider deviated from the standard of care when treating the patient.
Step 2: They’ll have medical experts review every detail of the case.
These medical experts will often provide testimony during the trial. Their testimony can be the most influential factor in the outcome.
Step 3: They’ll calculate damages.
This includes loss of income, medical expenses, funeral expenses, pain and suffering… you name it.
Step 4: They’ll either negotiate with the insurance company, or file a lawsuit.
Most cases settle out of court. But if the insurance company doesn’t offer fair compensation, a specialized attorney will fight them in court.
Each of these steps takes specific knowledge about medicine, and how it can be used as evidence in a court of law. Without that, critical pieces of the case go missing and families could lose.
Common Types of Medical Negligence That Cause Wrongful Death
As you can imagine, medical negligence comes in many forms. Some of the most common types of medical negligence that result in wrongful death include:
- Misdiagnosis or delayed diagnosis: This is the number one cause of medical malpractice lawsuits. Research from Johns Hopkins found that roughly 795,000 Americans suffer death or permanent disability each year due to diagnostic errors alone.
- Surgical errors: Operating on the wrong site, leaving instruments inside a patient or performing unnecessary procedures.
- Medication errors: Prescribing the wrong drug, incorrect dosages or dangerous drug interactions.
- Birth injuries: Failing to monitor fetal distress or improper use of delivery tools can lead to fatal outcomes.
- Anaesthesia errors: Too much, too little or the wrong type of anaesthesia can have devastating consequences.
Different types of negligence require different kinds of proof. That is why you want an attorney on your side who has dealt with these types of cases before.
How To Choose The Right Attorney
Ok so how do you find the right specialized attorney to handle your case? By asking these questions:
Do they specialize in wrongful death medical negligence?
Can they prove they’ve handled similar cases in the past?
Do they have the resources to take on big insurance companies?
How will they explain the complex side of your case?
Asking these questions will help weed out the bad apples. And remember…
The right attorneys will offer a free consultation.
Don’t feel like you have to choose the first attorney you come across. The attorney chosen to represent a family can determine the outcome of the case.
Wrapping Up
Losing a loved one is hard enough. Dealing with a wrongful death medical negligence lawsuit will only pile on more stress. These cases are difficult to prove. And they are meant to be.
That’s why having a specialized attorney matters. Someone who knows what they’re doing when it comes to medical malpractice cases.
Let’s review:
- Wrongful death medical negligence claims must prove four things: duty, breach, causation, and damages
- You need someone who has experience litigating against big insurance companies and knows the medicine behind your case
- A strong case is built on detailed medical records, expert testimony and strategic litigation
- Some of the most common types of medical negligence are misdiagnosis, surgical errors, and medication errors
- Find an attorney with a track record of handling similar cases
You shouldn’t have to face this fight alone. A specialized attorney can make all the difference.
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