How To Pursue Justice In Healthcare Wrongful Death Situations

A doctor killing your loved one is not fair.

No family in a healthcare wrongful death case has a good experience. The medical professionals you trusted to help your family member only made them sicker or caused their death.

But here’s the brutal truth:

Approximately 251,000 people die every year as a result of medical errors in the United States. Medical mistakes are now the third leading cause of death in the country, after heart disease and cancer.

But here’s the part that makes it even more upsetting…

Despite the hundreds of thousands of needless deaths that occur in hospitals and clinics across America each year, only 3,100 wrongful death malpractice payments were made in 2023. That means a measly 1.2% of the families that lose a loved one to a medical mistake ever receive justice through the legal system.

The current system is failing families like yours. But we can fight back and work to get the justice your loved one deserves. This guide will give you everything you need to get started.

What you’ll learn:

• What is a Healthcare Wrongful Death Claim?
• Steps to Take After a Healthcare Death
• Collecting Your Evidence
• Working With Medical Experts
• Recovering Compensation

What is a Healthcare Wrongful Death Claim?

Know what counts as a medical wrongful death?

Wrongful death at the hands of a healthcare provider occurs when a preventable mistake, misdiagnosis, or some other kind of malpractice leads to the patient’s death.

It’s not due to complications or negative outcomes that couldn’t have been avoided. It is due to preventable mistakes, such as:

• Misdiagnosis or delayed diagnosis
• Surgical errors and mistakes
• Medication errors or overdoses
• Failure to monitor
• Ignoring vital signs

To put it another way…

Healthcare professionals are expected to meet a certain standard of care. If they act below that standard of care and someone dies as a result, it’s medical malpractice.

But here’s the key point: In order to win a medical malpractice wrongful death case, you must demonstrate that the medical professional’s actions (or inaction) directly resulted in your loved one’s death. It is not enough to show that they made a mistake; the mistake must be linked to the outcome.

This is where a wrongful death lawsuit comes in handy. Wrongful death lawsuits are designed to put negligent healthcare providers on the hook for their malpractice and to help families recover compensation for their tragic losses.

The difficulty? Hospital malpractice claims are among the most difficult types of lawsuits to win. They are complex, and healthcare providers have teams of lawyers and insurance adjusters working to protect them. Without an experienced legal team, families rarely get the justice they deserve.

Steps to Take After a Healthcare Death

Time is of the essence in wrongful death claims.

The statute of limitations on medical malpractice claims is strict. In most cases, you have six months to two years from the date of death to file a claim. If you don’t file by the deadline, you will lose your right to sue forever.

Here’s what you need to do as soon as possible:

• Request medical records from all healthcare providers involved
• Preserve evidence such as medications, medical devices, and documentation
• Document everything that happened and when it happened
• Contact an attorney

Don’t let the hospital pressure you into “waiting and seeing” or working things out informally. They and their insurance companies have already begun working to minimize their liability.

Keep this in mind: Healthcare providers are required to maintain records of everything they do. Those records will either prove your case or tell you what went wrong. But you must act quickly before the evidence is lost.

Pro tip: Do not attempt to interpret the medical records or legal standards on your own. The specifics of medical malpractice laws in San Bernardino or any other area are intricate. An experienced local attorney will know the nuances of how these laws are applied in local courts, which can be the decisive factor in proving your case.

Collecting Your Evidence

Wrongful death cases that are successful are based on strong evidence.

To be successful in a wrongful death case, you must be able to prove four things:

1. Duty of care
2. Breach of duty
3. Causation
4. Damages

The most significant proof is:

• The full medical records and charts
• Autopsy report
• Witness statements from family members and hospital staff
• Expert testimony from medical professionals
• Documentation of financial losses

Something most people don’t know is…

After the fact, medical records might be altered. It is critical to get copies as soon as possible before anyone has a chance to alter them. Look for changes in handwriting, timestamps, or any other details that look fishy.

You’ll also want to identify anyone who saw what happened and write down their testimony. Witness testimony can be crucial in proving what actually happened. In other circumstances, you may be interested to know how long does it take to get an autopsy report if this needs to be done.

Working With Medical Experts

No wrongful death lawsuit will be successful without the help of expert medical testimony.

You will need qualified medical professionals to review the care your family member received and explain to a jury how that care fell below an acceptable standard. Your medical experts should:

• Go through all of the medical records and evidence
• Point out where the standard of care was breached
• Explain to the jury how the negligence caused the death
• Determine the full extent of damages

However, not all medical professionals are created equal. You need experts who work in the same medical specialty as the defendant and who have experience testifying in court.

The defendant’s insurance company will have their own medical experts on retainer who will be doing everything in their power to discredit your case. Your experts must be just as qualified to refute their testimony.

This is the harsh reality: Medical expert testimony can make or break your case. A skilled medical expert who can explain the malpractice in a way that a jury can understand is often the difference between winning and losing.

Recovering Compensation

Medical wrongful death cases can result in significant payouts.

Data reveals that the typical healthcare wrongful death case settles for anything from hundreds of thousands of dollars to millions of dollars, depending on the facts.

Compensation can include:

• Lost income, financial support, and benefits
• Loss of companionship
• Final medical bills and funeral costs
• Pain and suffering experienced by the deceased before death
• Punitive damages to punish particularly egregious misconduct

The age of your loved one, their earning potential, the strength of your evidence, and the state laws where the incident occurred all have a role in determining the value of your case.

Wrapping It Up

Medical wrongful death claims are among the most difficult lawsuits for families to win.

The statistics are heartrending: hundreds of thousands of people die as a result of medical errors each year in the United States, but very few of their families ever see justice through the legal system. The healthcare industry has a stranglehold on those claims.

But with the right legal team, strong evidence, and qualified medical experts, families can still win. These cases provide financial compensation for the most devastating of losses and put the pressure on hospitals to change their practices.

The owners of Cinnamon Hollow and many of its authors are not doctors and this is in no way intended to be used as medical advice. We cannot be held responsible for your results. As with any product, service or supplement, use at your own risk. Always do your own research and consult with your personal physician before using.

We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.

The owners and authors of Cinnamon Hollow are not doctors and this is in no way intended to be used as medical advice. We cannot be held responsible for your results. As with any product, service or supplement, use at your own risk. Always do your own research and consult with your personal physician before using.