When a loved one requires routine surgery or suddenly needs emergent care, much trust goes into the skills and knowledge of the medical providers treating his or her family member. Thus, when a family member is lost during such a procedure, it can come as a huge shock. While an individual processes the emotions with this loss, he or she may question how this could occur and if a medical error is to blame.
Wrongful death claim for medical malpractice
If a medical professional caused the death of a loved one, this means that the care provided by this medical professional fell below the accepted standard of professional care. This could look like a diagnostic error, surgical error or medication error.
The losses caused by such an event can be extensive, and family member could recover a wide range of damages in a wrongful death action. This can include pain and suffering prior to death, medical bills, loss of consortium by the decedent’s spouse and family, loss of past and future wages, loss of earning capacity and, if the event was caused by egregious or outrageous conduct, punitive damages could also be recoverable.
Limitations on monetary awards
There are limits or rather a cap on the recovery of damages for a civil action involving claims of medical malpractice. Thus, it is important to understand these limits, as this could impact settlements and the entire negotiation process.
It can be challenging to navigate the heavy emotions associated with the loss of a loved one. When a family member is tragically and suddenly taken away from you, it can be difficult to see beyond the hurt and sadness experienced. However, it is important to consider the possible cause of this loss and whether a negligent party is to blame. A legal profession can explain the wrongful death claim process, helping an individual move forward and obtain some clarity in a tragic event.