What Happens if Medical Malpractice Causes a Wrongful Death?

If a person is sick or suffers serious injury, he or she may require assistance and treatment by a medical professional. People have a reasonable expectation of safety and competence when they enter clinics and hospitals and most individuals do not consider the consequences of incompetent or negligent actions on the part of their trusted doctors, physicians, and hospital staff.

When it comes to medical treatment, time is often of the essence. If a doctor delays treatment or issues an incorrect diagnosis, the patient may suffer further injury, illness, or even death. The Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. wish to bring you the following information about medical malpractice and wrongful death to help you better understand your legal options if you lose someone due to negligent medical care.

What is Medical Malpractice?

Medical malpractice occurs when a doctor, physician, nurse, or medical professional fails to behave in a manner consistent with others in his or her similar field. This may include following correct medical procedures, obeying hospital policies, giving an accurate and timely diagnosis, and correctly prescribing medication, as well as others.

As with many types of personal injury cases, medical malpractice cases require that the four elements of a tort are present in order to make a case. These elements include:

• Proving that the medical professional had a duty to provide care for the patient
• The medical professional breached the duty
• The patient suffered injury
• The injury was caused by the professional’s breached duty

If the four elements of the tort are present, the hospital, clinic, or medical professional may be held liable for damages if the patient suffers injury or death. The elements of tort law also protect persons who are innocent of malpractice actions if they did not have a duty to provide care or if their actions were not the cause of the patient’s injury. In order to determine if you have grounds to pursue legal action, it is important to consult an experienced Philadelphia medical malpractice lawyer.

What Happens if Medical Malpractice Causes Death?

It is important that sick or injured individuals receive urgent and effective care. When it comes to health issues like heart-attacks, strokes, cancer, and appendicitis, time is often a determining factor as to whether the patient will live or die. If a doctor delays diagnosis or incorrectly identifies the source of the issue, the patient may be at risk of further injury or death.

It is estimated that nearly 44% of emergency room malpractice lawsuits involve a death, and nearly 35% of birth-injury lawsuits include the death of the newborn. It is the responsibility of medical professionals to perform their duties in a responsible manner, and failure to do so may result in serious consequences for the patient and his or her family.

If a patient dies as a result of the negligent actions of a medical professional, the family may be entitled to compensation for:

• Hospital and medical bills
• Funeral expenses
• Pain
• Suffering
• Mental and emotional anguish
• Grief
• Loss of companionship
• Loss of financial support

When it comes to intangible damages like grief and loss of emotional support, a judge or jury will often award damages that they see fit. In recent years, there has been a push to regulate the amount of non-pecuniary damages that can be awarded in medical malpractice cases, which are often referred to as tort-reform laws. If you feel that you may be eligible for compensation for the loss of a family member due to a medical mistake, contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. at 215-238-1130.