Wrongful death legal protections apply to medical malpractice situations for those who have lost a loved one due to medical malpractice. Wrongful death claims protect surviving family members who have wrongfully lost a loved one due to some type of negligence including medical negligence.
If a loved one has been killed due to medical negligence such as because of medical errors by a doctor, nurse or other medical care professional, they may be able to bring a wrongful death claim for damages. Damages available in a wrongful death claim for medical malpractice may include those for pain and suffering prior to death; medical and funeral expenses; loss of consortium for the family and spouse; lost of wages and earning capacity; and other possible damages depending on the circumstances.
Medical negligence occurs when a doctor, nurse or other medical care professional provides care that falls below the standard of care in that particular profession. Hospitals can also be liable for medical negligence as well. Wrongful death legal protections based on medical malpractice can be brought on behalf of the lost loved one's estate for the benefit of the surviving family members to help with their economic and emotional damages.
Wrongful death legal protections are an important remedy for those who have wrongfully lost a loved one due to medical malpractice. As a result, families should be aware of how wrongful death protections can help with their damages and the challenges they will likely face following the loss of a loved one because of medical negligence.