CHICAGO, IL – Medical malpractice is a serious issue that affects thousands of individuals and families every year. While most patients trust medical professionals to provide the highest standard of care, there are instances where medical errors can lead to catastrophic consequences, including wrongful death. When a loved one passes away due to medical negligence, it can be devastating, both emotionally and financially. However, families may have the option to seek justice through a wrongful death lawsuit.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse or surgeon, deviates from the standard of care expected in their field. These errors can occur during diagnosis, treatment, aftercare or even in the process of prescribing medication. When these errors cause harm, injuries or death, patients or their families have the right to pursue legal action against the responsible parties.
What Constitutes Wrongful Death in a Medical Malpractice Case?
Wrongful death in a medical malpractice case refers to a fatality that results from a healthcare provider’s negligence or failure to follow accepted medical procedures. This may include actions such as:
- Misdiagnosis or delayed diagnosis of a life-threatening condition.
- Surgical errors, such as performing the wrong procedure or leaving surgical tools inside a patient’s body.
- Medication errors, including administering the wrong dosage or a contraindicated drug.
- Failure to properly monitor a patient post-surgery or in intensive care.
- Negligence during childbirth, leading to injuries or fatalities.
In order to prove wrongful death due to medical malpractice, families must establish that the healthcare professional’s negligence directly led to the death of their loved one.
Elements Required to Prove a Wrongful Death Medical Malpractice Claim
To successfully prove a wrongful death case in medical malpractice, several legal elements must be established:
- Duty of Care: The first step in any medical malpractice case is proving that the healthcare provider owed a duty of care to the patient. This is usually straightforward, as doctors, nurses and medical facilities are legally bound to provide competent care to patients under their care.
- Breach of Duty: Next, it must be demonstrated that the healthcare provider breached this duty of care. This can include a failure to diagnose, improper treatment, errors during surgery or any other negligent action that strays from the standard medical practice.
- Causation: Establishing causation is one of the most crucial elements of a wrongful death case. It must be shown that the healthcare provider’s breach of duty directly caused the patient’s death. This can require expert testimony from medical professionals to demonstrate that, had the proper medical steps been taken, the outcome would have been different.
- Damages: Finally, the family must prove that the death caused by medical malpractice resulted in measurable damages. This may include the emotional pain and suffering of family members, lost wages, funeral expenses and the overall financial impact of the loss.
The Role of Expert Testimony in Proving Malpractice
Medical malpractice cases often rely heavily on expert testimony from other medical professionals. These experts can review the facts of the case, the medical records and offer their professional opinion on whether the healthcare provider’s actions met the standard of care. Their testimony can be critical in proving that medical errors led to the patient’s wrongful death.
Seeking Legal Help for Medical Malpractice and Wrongful Death
Pursuing a medical malpractice wrongful death case can be complex and challenging. The process involves gathering medical evidence, expert opinions and navigating the legal system, all while dealing with the emotional trauma of losing a loved one. It is essential to work with an experienced personal injury attorney who understands the intricacies of medical malpractice law.
At the Dinizulu Law Group, we specialize in medical malpractice cases, including wrongful death claims. If you have lost a loved one due to the negligence of a healthcare provider, our skilled legal team is here to guide you through the process. We are committed to helping families seek justice and hold negligent healthcare professionals accountable for their actions.
If you believe that a medical error led to the wrongful death of a family member, don’t hesitate to reach out to Dinizulu Law Group for a free consultation by calling (312) 384-1920. We understand the complexities of medical malpractice cases and are ready to fight for the compensation you deserve.
