It is estimated by the Journal of Patient Safety that anywhere between 210,000 to 400,000 people a year are the victims of wrongful death at the hands of a hospital who did not protect them from preventable harm. This can include death as the result of medical errors, including but not limited to: prescription medication errors, anesthesia errors, surgical malpractice, and more. But how is the family of a patient who has died supposed to know if it is indeed a wrongful death or something that couldn’t be prevented? Contact our Philadelphia medical malpractice wrongful death lawyer today to find out.
What is Wrongful Death?
Wrongful death is defined as the death of a human being as the result of a wrongful act of another person. Wrongful death is the basis for a lawsuit against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. This includes any and all medical personnel and facilities that were negligent or incompetent in treating patients under their care.
Who Can File a Wrongful Death Suit?
While wrongful death statutes and laws differ from state to state, there are several issues that are common in all types of wrongful death cases:
- The party or parties who may file a wrongful death lawsuit on behalf of the deceased patient. Oftentimes, this means determining the party or parties who are or should be appointed to represent the estate of the deceased.
- Determining types of damages and liabilities allowed in a wrongful death case.
Those who can file a wrongful death suit varies based on the law and facts of a case but usually includes legal spouses, children, and/or parents. In some cases, siblings, legal guardians, longtime girl or boyfriends, stepchildren, etc. can file suit if the above are unavailable.
Wrongful Death Benefits and Settlements
When a family suffers a wrongful death, they may be able to pursue claims that include:
- Loss of financial support for surviving dependents that is subject to a complex economic determination
- Loss of love and emotional support
- Loss of intimacy and companionship for spouses
- Financial costs of medical care that proceeded and led up to the wrongful death
- Costs associated with funeral expenses
- Compensation for the deceased’s pain and suffering
- Costs associated with filing a wrongful death claim or suit
Philadelphia Medical Malpractice Wrongful Death Lawyer
If you or someone you know has died while in the care of a hospital and you suspect medical malpractice, contact our Philadelphia medical malpractice wrongful death lawyer immediately to discuss your case at no charge. Strict time limitations apply to your potential claims, so do not delay in contacting a lawyer for help.