Wrongful Death Resulting From Medical Negligence

How do you recover when a loved one has died because of medical negligence?

According to the Journal of Patient Safety, each year over 200,000 patients die prematurely because of medical negligence. The families of these victims have the right to seek monetary compensation for their loss, but first they must need to know for sure that medical negligence was the cause of the death.

When a Loved One Suddenly Dies

The circumstances surrounding the sudden death of a family member in a hospital setting can be confusing for loved ones, especially when the initial prognosis was a positive one. You have the right as a surviving family member to question the standard of care that your loved one received and ask to see the supporting medical evidence. If there is any doubt in your mind as to the medical attention that was given, discuss the details of the case with a qualified St. Louis medical malpractice attorney.

If You Suspect Medical Negligence Caused Your Loved One’s Death

Even after the life of your loved one has passed, you may still act as an advocate on their behalf. For example, the husband of a middle-aged woman who was scheduled for a routine dilation and curettage procedure. Normally a procedure that requires a local anesthetic, the surgeon in this case opted to change to a general anesthetic during the surgery. There was an excessive amount of blood loss which led to a lack of blood entering the brain, resulting in irreversible brain damage for the patient who later lost her life as a result.

The woman’s husband, acting on her behalf, questioned the surgeon’s decision to perform the procedure, pointing out that she had certain pre-existing conditions that would have made her more susceptible to this type of excessive bleeding during surgery. While the physician and anesthesiologist initially denied any liability in the case, they eventually settled with the husband for $1.2 million.

How to Determine Medical Negligence

There are three factors which must be evaluated for a wrongful death claim to be valid in a medical negligence lawsuit. The first is that the death of the patient was the result of a medical mistake that could have been avoided. Second, a close family member must be available to file a wrongful death claim on behalf of the deceased. Third, there must be compensable damages as the result of the loss of the family member. This could be monetary damages if the family member contributed financially to the household. There is also the loss of love, emotional support, intimacy, and companionship. In addition, the cost of the funeral and burial can also be recovered.

St. Louis Wrongful Death Lawyers

In the weeks immediately following the sudden loss of someone close to you, a lawsuit may be the furthest thing from your mind. By exercising your right to be compensated for your family’s loss, you are paving the way towards being able to recover. If you are questioning the medical care of a family member and feel that it may have caused their death, contact a St. Louis wrongful death lawyer.

Call Zevan and Davidson at (314) 588-7200.