Medical Malpractice and Wrongful Death
People rely on medical professionals to provide quality healthcare. Unfortunately, countless medical professionals act negligently despite being held to a certain standard of care. These mistakes can result in physical and emotional trauma as well as financial losses. In the most catastrophic cases, medical mistakes can be fatal.
When medical malpractice leads to the wrongful death of a loved one, surviving family members can file a lawsuit. The medical malpractice lawyers at Moody Law can assist families in the Lakeland and Winter Haven, FL, area in getting the damages they are due.
Defining Medical Malpractice
While medical professionals are required to deliver a certain standard of care, they are not expected to be perfect. Medical professionals are humans who make mistakes just like everyone else. So how can someone know if they have been a victim of medical malpractice?
Medical malpractice is defined as a medical professional’s failure to provide the accepted standard of care. The accepted standard of care is that which would be provided by a similarly trained medical professional presented with the same circumstances.
Examples of Wrongful Death Due to Medical Malpractice
Some common examples of medical negligence that results in the loss of a loved one include:
- Failure to diagnose a terminal illness
- Misdiagnosis or delayed diagnosis of a terminal illness
- Failure to note a pharmaceutical contraindication
- Delayed medical treatment
- Anesthetic errors
- Surgical mistakes
Who Can File a Wrongful Death Lawsuit?
When medical malpractice results in a loved one’s death, a representative of the deceased’s estate can file a lawsuit. In many cases, this means the surviving family members (typically the deceased’s spouse or children) have the right to seek compensation for resulting losses.
Proving Wrongful Death Resulting From Medical Malpractice
There are a few key factors that our lawyers must demonstrate to prove that mistakes by a medical professional resulted in the preventable death of a loved one. The basic requirements for a medical malpractice case involving wrongful death are:
- There was an established doctor/patient relationship
- The treating medical professional was negligent in their care, whether that be in their diagnosis or treatment
- Illness, injury, or death was caused by the medical professional’s negligence
- Illness, injuries, or death resulted in additional damages, such as physical and/or emotional trauma and financial losses
Potential Damages in Wrongful Death Cases
Any financial awards are meant to compensate the estate and/or surviving loved ones for the loss of a loved one. This includes damages suffered by the patient prior to their death, as well as damages resulting from the death of the loved one.
The most common types of compensation in wrongful death cases include:
- Medical expenses
- The deceased’s pain and suffering
- Funeral and burial expenses
- Loss of consortium or companionship
- Loss of benefits and/or income
Do I Have a Medical Malpractice Case?
The best way to determine if medical malpractice has occurred is to discuss the situation with a knowledgeable medical malpractice lawyer, such as those at Moody Law. Our legal team serving the Lakeland area will examine the details of a case. We can then speak with medical professionals in the field to establish if there is a strong case of medical malpractice.
Contact Our Lawyers
If you have suffered the loss of a loved one, you may be due substantial financial compensation for your losses. To discuss your case with a medical malpractice lawyer at Moody Law, contact our legal team online or call (863) 284-9090 to schedule a consultation.
