Blog Post
Wrongful Death from Medical Malpractice: Frequently Asked Questions
- By Admin
- •
- 08 Sep, 2017
A staggering 90,000 people a year die from medical malpractice-related injuries. If your loved one has recently died, and you suspect a doctor or other medical professional was to blame, you might not know if you have a lawsuit. The best place to start your wrongful death lawsuit is by hiring an attorney. It is also helpful to understand how wrongful death is determined.
Here are a few frequently asked questions you might have about medical malpractice wrongful death.
What Exactly Is a Wrongful Death Claim?
A wrongful death claim is filed when someone's negligence, neglect or misconduct results in the death of another individual. Medical malpractice is only one type of wrongful death. Another example is when a driver gets behind the wheel while under the influence of drugs or alcohol and kills another driver or pedestrian.
Who Can Legally File a Wrongful Death Claim?
The individual who can legally file a wrongful death claim against a physician, hospital, clinic or any other healthcare facility varies depending on the state. In the state of Wisconsin, the only people who are allowed to file a medical malpractice wrongful death claim are the deceased person's widow or widower, child, parent or legal guardian.
If there are no relatives or dependents, in Wisconsin, the court will appoint a person to represent the deceased's interests and estate.
What Are the Medical Malpractice Wrongful Death Laws in Wisconsin?
There are other laws about medical malpractice wrongful death cases. For example, if there are multiple dependents and relatives, more than one person can file a wrongful death lawsuit against the hospital or doctor that led to their loved one's death.
In the state of Wisconsin, if a dependent, spouse or executor successfully wins their wrongful death suit, they can receive several damages, such as:
- A loss company or society. If the deceased is an adult, the beneficiary can collect up to $350,000. If the deceased is a child, the damages that can be awarded are up to $500,000.
- Lost wages. The court will determine how much the person would have earned if they had not perished.
- Money to cover any medical and funeral expenses
Finally, if you are planning on filing a medical malpractice wrongful death suit, it is important to know that there is a three-year statute of limitations, in the state of Wisconsin.
How Will My Lawyer Prove Wrongful Death?
Your attorney must first prove that the hospital, doctor, or other medical professional was negligent. Then, the attorney must prove that this negligence led to the patient's death. All medical professionals are expected to meet a minimum standard of care, and if this standard wasn't met when your loved one died, your lawyer can argue that the doctor or hospital was at fault.
For example, if the doctor misdiagnosed the patient, or did not diagnose the patient's illness in a reasonable amount of time, the medical professional or hospital may be held accountable. Another example is a doctor who prescribes the wrong medication, or if the medication is correct, but the dosage is wrong.
Be aware that the entire process of filing and successfully winning a wrongful death lawsuit against a medical professional or hospital can take several years. During this time, your attorney will need to consult several professionals to study the facts of the case, including healthcare professionals.
Thousands of Americans die each year because of medical errors or negligence. If you have any questions about wrongful death, or if you have a case, don't hesitate to contact the professionals at Osinga Law Offices, S.C.
They have the expertise to help you.