Deaths from Medical Malpractice Often Merit Wrongful Death Claims

June 5, 2013
By on June 5, 2013 12:04 PM |

Deaths from medical malpractice are a shocking reality. When a loved one has been injured or suffers from a health problem and seeks medical care, it is hard to imagine that intervention could make the situation worse. Unfortunately, medical negligence happens more often than many people think.

When it does, the consequences can be fatal. This may lead surviving family members to consider filing wrongful death claims.

Negligence that Results in Deaths from Medical Malpractice

Negligence comes in many forms. One is in the way of diagnosing. A misdiagnosis, failure to diagnose or a delayed diagnosis could prevent a patient from receiving life-saving treatment.

Another type of negligence is when mistakes with lab and diagnostic tests occur. This could result from failure to order the appropriate tests, misinterpreting the results and mixing them up with another patient. Often this is what leads into a diagnosis mistake.

Medication mistakes can be fatal. Giving a patient the wrong kind of medicine, wrong dosage or administering it incorrectly are examples.

Surgical errors could be deadly, especially when the patient develops an infection. This can happen a number of ways, such as puncturing or nicking an internal organ, or leaving a foreign object inside.

An undetected infection can turn into sepsis, a life-threatening infection that spreads into the bloodstream. It can cause internal organs to fail and blood pressure to drop significantly.

Anesthesia mistakes could be fatal if a patient isn't properly monitored, lack of oxygen occurs or an adverse medication reaction occurs. Negligence can stem from a failure to review the patient's medical history or from a lack of preparation.

Although complications can happen during labor and delivery, when negligence is the cause and it results in the loss of life, it may be a form of malpractice. An example is when a newborn is deprived of oxygen, and a doctor fails to notice or treat it.

Liability for Deaths from Medical Malpractice

Just about any type of medical professional could be liable for a patient's death, including physicians, surgeons, nurses, anesthesiologists and pharmacists.

In some cases, a hospital or physician's clinic could be responsible for the negligent actions of its medical staff. There may be circumstances in which more than one party can be named in a wrongful death lawsuit.

An medical malpractice attorney in can help prove that a relationship between the patient and healthcare provider/facility existed. There must be evidence that the care or treatment received was unreasonable and negligent. This often requires testimony from a medical expert.

The claim must show that damages were suffered. Most wrongful deaths from medical malpractice claims are filed on behalf of a spouse, children or parents through a med mal attorney, like those at the Becker Law Firm in Ohio.

Damages could include medical costs, earning potential, pain and suffering, loss of companionship, mental anguish, funeral expenses, and more. It would be helpful to talk with an Ohio medical malpractice attorney to learn if a case is warranted and the types of compensation that could be sought.

The Becker Law Firm has knowledgeable attorneys primarily focused on medical malpractice cases. We may be able to assist with filing a wrongful death claim.