Malpractice isn’t something you want to see or hear next to the words medical or wrongful death. When you go to the hospital, you put your trust in the hands of the medical professionals responsible for helping you through any injuries or illnesses you may be suffering from. However, sometimes things in the emergency room or pharmacy are not always handled perfectly, and, unfortunately, mistakes in these areas can lead to deaths. When this happens, it is wise to speak with a wrongful death attorney as soon as possible.
What is Medical Malpractice?
Medical malpractice happens when a medical professional causes injury to a patient through a negligent act. Negligence in the medical world entails misdiagnosis, improper care of a patient, failure to provide protocol treatment, errors during a procedure, and misinformed instruction after a visit or treatment at the Doctor’s office.
There are a few characteristics that must be met for your case to be considered a medical malpractice:
The Injury is Caused by Negligence –It is not enough for the victim’s surviving family members to simply claim that the death of their loved one was caused by medical malpractice. They must prove that the death of the deceased family member could have been avoided if the negligence was absent.
The Injury Resulted in Significant Damage –Since medical malpractice lawsuits often require more testimony, there must be significant proof that the victim’s surviving family members are suffering financially from lost income/wages, and/or experiencing other hardship due to their loss. A wrongful death attorney can help collect any losses and damages you may have accrued to further fortify your claim.
When it comes to liability, you want to make sure that the party responsible for the wrongful death of a loved one is held accountable. However, it’s not always necessary to sue the doctor and the hospital. Below are the circumstances when a Doctor or Hospital does commit negligence.
A Medical Professional’s Negligence –
- Failure to monitor a patient’s vital signs properly
- Failure to properly enter the patients nursing record
- Administer the wrong type or wrong amount of medication
- Administer medication at the wrong time
- Failure to check the patient for bed sores
- Failure to report suspicious symptoms and complaints to the physician
The Hospital’s Negligence –
- Failure to verify that health providers are competent, safe and properly licensed.
- Failure to establish proper patient safety protocols such as sanitation, labeling, and administration of medications
- Institution maintenance
- Understaffing medical or nursing staff
- Failure to fire incompetent staff
Who Can File?
The closest surviving relative of the deceased family member is the one who can file for a wrongful death case—a spouse, child, or parent. These individuals should contact a wrongful death attorney and get started on building their case as soon as possible to get the compensation they deserve for lost wages, damages, and any future bills.
If you are facing a wrongful death situation in your family, don’t hesitate to contact a wrongful death attorney here at Robert J. DeBry and Associates. We’ll help you throughout the entirety of the case.