Wrongful Death Caused By Medical Malpractice

When a loved one suddenly passes away due to medical malpractice, it can be a devastating experience for surviving family members. Your first thought may be to seek justice and hold those responsible accountable. It’s times like these when having a trusted wrongful death attorney on your side can make all the difference. A medical malpractice wrongful death attorney specializes in representing clients who have lost a loved one due to medical negligence. Our attorneys at Breit Biniazan will work tirelessly to investigate your case, negotiate with insurance companies, and advocate for your rights in court. With their knowledge and experience, you can have peace of mind knowing your case is in good hands. Contact a qualified wrongful death attorney today at Breit Biniazan to discuss your options and seek justice for your loved one.

Definition of Wrongful Death

Wrongful death is a legal term that describes a situation in which someone dies as a result of another person’s actions or negligence. It is considered wrongful because the death could have been prevented if the responsible party had acted differently. Wrongful death can occur in a variety of circumstances, including car accidents, medical malpractice, workplace accidents, and even criminal behavior.

In these cases, the surviving family members of the deceased may be entitled to compensation for the loss of their loved one. While no amount of money can ever truly make up for the loss of a life, seeking justice and accountability through a wrongful death lawsuit can provide a sense of closure and financial support during a difficult time.

Types of Medical Malpractice

Medical malpractice can occur in various ways and can result from a range of actions or omissions by healthcare providers. The various forms of medical malpractice can include errors in diagnosis, treatment, and medication administration, among others.

Miscommunication between medical professionals, lack of informed consent, and surgical errors can also be causes of medical malpractice. Any of these occurrences can have serious and lasting consequences for the patient, which is why identifying and avoiding medical malpractice should be a top priority for all healthcare providers.

Whether through enhanced communication, more thorough documentation, or other measures, it is essential for healthcare providers to take steps to prevent medical malpractice and ensure that their patients receive the best possible care.

Elements of a Wrongful Death Claim

In order to establish a successful claim, there are several elements that must be demonstrated. First, it must be shown that the defendant had a duty of care towards the deceased. Second, it must be proven that the defendant breached that duty by acting in a careless or deliberate manner. Third, there must be a direct link between the defendant’s actions and the death of the victim. Finally, the surviving family members must have suffered damages as a result of the loss. Proving a wrongful death claim requires a thorough investigation, legal expertise, and a compassionate approach to honoring the memory of the deceased.

Damages Recoverable in Wrongful Death Cases

Wrongful death cases are some of the most harrowing and complex legal matters that can be pursued. There is no amount of money that can replace the loved one who has been lost, but damages awarded in these types of cases can potentially compensate a family for their loss and provide some measure of financial stability.

While the types of damages recoverable can vary depending on the specific facts of the case and the state in which it is being litigated, common examples include funeral and burial expenses, medical bills related to the deceased’s final illness or injury, lost wages and benefits, and possibly even compensation for grief, emotional distress, and loss of companionship.

An experienced wrongful death attorney at Breit Biniazan can help you navigate the civil justice system and work to achieve the best possible outcome in your case.

Proving Negligence in Wrongful Death Cases

Proving negligence in wrongful death cases is a crucial step in seeking justice for the loss of a loved one. It involves establishing that the defendant had a legal duty to act in a certain way, that they breached that duty, and that the breach caused the death of the victim. This can be a complex and challenging process, as it often requires investigating the circumstances surrounding the incident and gathering evidence to support the claim.

Whether it involves medical malpractice, workplace accidents, or traffic collisions, a seasoned attorney can help navigate the legal system and advocate for the victim’s family. Ultimately, proving negligence is an essential component of holding those responsible accountable for their actions and providing closure for those who have suffered a profound loss.

Common Defenses to Wrongful Death Claims

In the unfortunate event of a wrongful death, legal action can be taken by the surviving family members or estate of the deceased. However, the defense may argue various claims to defend against such a suit. One common defense is contributory negligence, which asserts that the victim had some level of responsibility for their own death.

Another defense may be comparative negligence, which may suggest that the victim’s own actions greatly contributed to their death. The defense may raise the statute of limitations, arguing that the plaintiff missed the deadline for filing the wrongful death claim. It is vital for the plaintiff’s legal counsel to be knowledgeable about these defenses in order to anticipate and counter them effectively. Breit Biniazan is able to provide advice and devise a plan on any given circumstance, contact our medical malpractice wrongful death attorneys today.