If you have lost a loved one due to medical malpractice, you may be wondering what your next steps are. A wrongful death lawsuit is often the best way to get justice for your loved one and hold the negligent party accountable.
However, proving wrongful death can be difficult, especially in complex medical malpractice cases. What steps do you need to take to prove wrongful death in a medical malpractice lawsuit?
What is wrongful death, and how is it proven in a medical malpractice case?
Wrongful death is a legal term that refers to the death of a person caused by the negligent or intentional actions of another. To prove wrongful death in a medical malpractice case, you must show that the death was caused by substandard medical care. This can be difficult to prove, as it requires expert testimony to establish the standard of care and how the defendant fell below that standard. You must also connect that failure in care to your loved one’s death.
Additionally, it must be shown that the defendant acted with negligence or (more rarely) a deliberate intent to harm. Negligence is defined as acting unreasonably and carelessly, while intent to harm requires proving that the defendant meant to cause physical harm. Once these elements have been established, a plaintiff can then seek damages for the death of their loved one.
While no amount of money can ever compensate for the loss of a loved one, proving their death occurred due to medical negligence can help ease the family’s financial burden and hold the responsible party accountable. If you think that your loved one died as the result of a medical mistake, it’s wise to learn more about your legal options.