May 20, 2022

Do I Sue for Wrongful Death If the Cause Was Medical Malpractice?

Many people find themselves unsure what to do when they lost a loved one to medical malpractice. Whether to sue for malpractice or wrongful death can become confusing when considering your legal options. There are slight differences between medical malpractice claims and wrongful death lawsuits. Feel free to talk to a Jackson medical malpractice attorney if you have any questions.

Types of Medical Malpractice

Many patient deaths can be attributed to medical errors, many of which include medical malpractice. Medical errors may involve unforeseen mistakes or negligence. When negligence is involved, you might be able to sue for medical malpractice.

Negligence can mean a variety of things that range from carelessness to reckless decisions. Several different types of medical malpractice can lead to patient deaths. A misdiagnosis could postpone treatment that may have saved a patient’s life. The failure to diagnose a condition like cancer may also lead to premature death.

Careless actions during surgeries or medical operations may cause fatal injuries. All it takes is a minor mistake to result in a life-threatening medical emergency. Medication and prescription errors can also lead to deaths by overdose or adverse side effects. Sometimes the wrong medicine or dosage is given., Do I Sue for Wrongful Death If the Cause Was Medical Malpractice?, Germany Law Firm PLLC

The failure to follow up on adverse side effects, check for medication interactions, and ask about allergies can also cause patient fatalities. Not taking these steps is often considered a breach of the standards of medical care. When this applies to a given situation, a medical malpractice claim becomes a legal option.

Medical Malpractice or Wrongful Death?

Figuring out whether to file a wrongful death claim or medical malpractice claim is difficult. Medical malpractice claims are filed when a medical professional failed to act or acted negligently, leading to harm. This also includes situations in which a patient passes away. A medical malpractice claim requires proving negligence, a breach of medical care standards, causation, and damages.

Similarly, a wrongful death claim also requires proof of negligence, causation, and damages. These are civil lawsuits where only family members or financial dependents can sue. This lawsuit could lead to compensation for funeral costs, leftover medical bills, emotional distress, and lost income.

Medical malpractice lawsuits generally involve compensation focused on medical bills, pain and suffering, and lost wages. Whether funeral expenses and other costs associated with the loss of a loved one could be covered is something to consult with a lawyer about. Try contacting a Jackson wrongful death lawyer for more information.

An experienced lawyer can help you weigh your legal options to reach the best financial decision for you. Your lawyer could also help defend your claim against the team of lawyers many hospitals have readily available.

Medical Malpractice Lawyer in Jackson

Figuring out whether to sue for malpractice or wrongful death can be hard to figure out. Call the Germany Law Firm, PLLC  today at (607) 487-0555 to speak with a Mississippi wrongful death attorney for a consultation. Our team of lawyers might be able to help you obtain compensation for funeral costs, emotional distress, and medical bills.

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