Has a family member died because of a doctor’s mistake?
Death of a loved one is tragic. Death of a loved one due to a preventable medical mistake? That’s another level of tragedy. Medical malpractice is one of the leading causes of wrongful death lawsuits by families across the United States.
Here’s the kicker…
A recent report revealed that more than 250,000 deaths per year in the U.S. are due to medical mistakes. This puts medical errors behind only heart disease and cancer.
Exactly how does medical negligence cause wrongful death? Read this for everything you need to know.
Here’s what’s covered:
- What Is Medical Negligence?
- When Negligence Becomes Wrongful Death
- Common Types of Fatal Medical Mistakes
- How to Prove the Case
- Damages Families Can Recover
- Why the Right Attorney Matters
What Is Medical Negligence?
Medical negligence occurs when a medical professional breaches the standard of care that is accepted. When this happens, harm occurs to the patient, sometimes causing death.
However, not all adverse events constitute negligence. Medicine is complicated and sometimes bad things happen despite the best efforts of providers.
There are four criteria that must be met for medical negligence to be considered wrongful death.
- Duty of care: The provider had a legal duty to treat the patient
- Breach: They failed to meet the accepted medical standard
- Causation: That failure directly caused the death
- Damages: The family suffered real losses because of it
Did you know that a pedestrian fatality lawyer will often manage these cases as well. Why would they cover both? Because pedestrian fatalities fall under wrongful death. Lawyers that handle wrongful death cases in Little Rock, AR will also manage medical malpractice cases. The laws are actually very similar.
When Negligence Becomes Wrongful Death
Medical negligence rises to a wrongful death claim when the negligence directly causes the death of the patient. Sounds simple enough. It’s just not that simple to prove in court.
The deceased person’s family (often referred to as the “estate”) files the lawsuit. Most states require the lawsuit to be filed within strict deadlines — sometimes only one or two years from the date of death.
Miss that deadline? You lose your right to file. Period.
That’s why getting legal help fast matters so much.
Common Types of Fatal Medical Mistakes
Certain medical errors are more prevalent in wrongful death claims than others. Familiarizing yourself with these can allow a victim’s family to determine if their loss may be eligible.
Misdiagnosis or Delayed Diagnosis
Biggest cause. Recent studies reveal nearly 800,000 Americans suffer permanent disability or death annually as a result of misdiagnosis.
Cancer, heart attacks and strokes were the most frequently missed conditions.
Surgical Errors
Wrong-site surgeries. Surgical instruments left inside patients. Anesthesia errors. Medical mistakes like these occur much more frequently than many people realize. In fact, approximately one-fourth of all medical malpractice claims involve surgical error.
Medication Errors
Wrong drug. Wrong dose. Wrong patient. Any one of these errors can kill you. Particularly with dangerous drugs like insulin and morphine.
Birth Injuries
Delivery complications can put both mothers and babies in danger. They are some of the saddest cases imaginable.
Hospital-Acquired Infections
Patients can contract fatal diseases while admitted to the hospital. If hospital staff neglect sanitary procedures, they may be liable.
How to Prove the Case
Here’s the catch. You can’t simply claim “doctor did something wrong.” You must have evidence.
To build a strong case, families need:
- Medical records: Every chart, test result, and prescription
- Expert testimony: Other doctors who can verify standard of care was violated
- Timeline of events: A clear account of what happened and when
- Evidence of damages: Financial records, funeral costs, and proof of emotional suffering
The majority of wrongful death cases that deal with medical negligence will need expert witnesses. Expert witnesses are doctors of the same field who will testify that the defendant was below the acceptable standard of care.
Without expert testimony, your case is dead in the water.
Damages Families Can Recover
If you win a wrongful death claim, the court will award damages. Damages are awarded to help your family recover from financial and emotional loss.
Common damages include:
- Medical bills from the failed treatment
- Funeral and burial expenses
- Lost wages the deceased would have earned
- Loss of companionship and emotional support
- Pain and suffering
- Punitive damages (in cases of extreme negligence)
But here’s the thing…
Just 5% of medical deaths result in malpractice payments. So most families never see justice.
Why?
Either because they don’t realize they have a case or because they’re too slow to react.
Why Most Cases Settle Out of Court
Trial is costly, time-consuming and uncertain. That’s why 96% plus of medical malpractice cases settle with the provider’s insurer.
Settlements come with some big advantages:
- Faster resolution (months instead of years)
- Lower legal costs
- Guaranteed payout (no risk of losing at trial)
- Less emotional stress on the family
However, a settlement is not always the best decision. In some cases, the insurance company’s offer is too low and you can only receive justice by taking your case to trial. A skilled wrongful death attorney will know when each option is appropriate.
Why You Need the Right Attorney
Medical negligence cases are among the most complicated in all of personal injury law. The defendants – doctors, hospitals, insurance companies – have lots of money and powerful attorneys who will fight aggressively.
You need someone who:
- Understands medical terminology and procedures
- Has access to top expert witnesses
- Knows how to negotiate with insurance companies
- Has trial experience if settlement falls through
Choosing the wrong attorney can lose you a case before you even file. A pedestrian fatality lawyer with wrongful death experience usually has the precise expertise required.
Final Thoughts
Medical malpractice accounts for more wrongful deaths than many people are aware. Over 250,000 people die every year because of avoidable mistakes.
If a loved one has been lost to medical malpractice:
- Act quickly — the clock is ticking on the statute of limitations
- Gather every medical record you can find
- Talk to a wrongful death attorney before the insurance company makes contact
- Don’t sign anything without legal advice first
Fact is that taking on hospitals and insurance companies alone is nearly impossible. You need an experienced legal team fighting for your family.
Did someone you love die because of someone else’s negligence? Don’t let them get away with taking your loved one from you.
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