When medical negligence results in a patient’s death, survivors of the deceased may be eligible to file a wrongful death lawsuit. Questions of which family members or survivors are eligible to file a claim to recover wrongful death damages after a person’s death, or the parties that can be named in your wrongful death claim, are challenging to resolve. It is important to speak with an Indiana medical malpractice attorney if you are considering filing a claim for damages after the death of a loved one.
Often, the hospital, clinic or physician’s office, as well as the doctor or nurses may be named in a claim for wrongful death damages. Of course, this will depend on the exact details of the case and the kind of negligence that occurred. Filing a wrongful death claim for medical malpractice is very different from filing other types of wrongful death claims involving personal injury. When medical malpractice is involved, the law makes it more difficult for plaintiffs to claim damages against a healthcare provider.
Your claim will be subjected to a screening before it is filed. The screening will probe the merits of your case. Medical experts will be called in to determine whether negligence did indeed occur in your loved one’s case. In order to prove that the healthcare provider in your loved one’s case was negligent, you will also need an expert who will be able to establish that the doctor did indeed deviate from the acceptable reasonable standards of care for that particular condition, and in that particular situation.
A hospital may also be named in a medical malpractice wrongful death claim when its own employees, like technicians or nurses, have committed medically negligent acts that resulted in the patient’s death. Any kind of medical negligence that involved malfunctioning equipment, poorly trained employees, unsupervised employees, and overall poor supervision of medical care at the hospital, can also make the hospital liable in your wrongful death claim.
To learn whether your case qualifies for damages in a medical malpractice claim, speak to a medical malpractice attorney at Montross Miller Muller Mendelson & Kennedy, LLP.