Death due to medical negligence is the third most common cause of death in the United States, since each year, more than 250 thousand people die from this unfortunate situation. Only heart disease and cancer are more fatal, according to the Centers for Disease Control and Prevention (CDC).
In the United States there is no system for classifying these deaths, but researchers from Johns Hopkins University of Medicine used studies from 1999 onwards to conclude that medical errors account for more than 9.5% of deaths in the American nation. If you have lost a family member in a case of death due to medical negligence, please contact Conexión Legal as soon as possible by calling us at 1800 201 1220 or writing to us via WhatsApp so that we can provide you with the best free legal advice, and in this way we can connect you with a Hispanic attorney expert in the laws of your state to ensure that you obtain the highest possible compensation for your irreplaceable loss.
What Do the Laws Indicate Regarding a Case of Death Due to Medical Negligence?
There are laws that protect families of people who die from medical malpractice in the United States. A wrongful death claim due to medical negligence is one filed by the family of a deceased person when their death was caused by negligence, carelessness, or some type of delayed, incorrect, or improper intervention. These types of claims can be filed in cases of homicide, traffic accidents, and medical cases.
If death is caused by medical negligence, the case is brought against medical personnel, such as doctors, nurses, and the hospital. The claimant must prove that the medical professional did not act in accordance with the standard of professional care and that the patient died as a result of the substandard level of care.
Cases of death due to medical negligence often involve the following behaviors by healthcare professionals in medical treatment:
- Misdiagnosis of the patient's medical condition.
- Errors in prescription or administration of medications.
- Negligence in patient care.
- Surgical errors.
- Death from birth injuries.
The personal representative of the deceased person's estate is the one who must file the wrongful death claim in most cases. Each state has its own requirements regarding who can file the claim and how long it takes to start the process. Claimants in wrongful death cases due to medical negligence can receive compensation for the following:
- Pain and suffering before death.
- Medical expense bills.
- Emotional losses caused to the spouse and family members of the deceased.
- Loss of income or loss of wages.
- Punitive damages.
This only applies when the conduct of medical personnel is outrageous. States have different rules regarding what can be awarded in a medical negligence lawsuit. Sometimes, there are even rules about the cap on damages that can be compensated for the loss of a loved one.
Healthcare providers often have insurance to cover the costs of responding to a lawsuit. As such, it is often the insurance company that takes charge of the defense and provides a legal team of personal injury attorneys to the defendant.
Cases of medical negligence arise when a patient is injured or believes they have been injured by a doctor, nurse, or other healthcare professional, who has not indicated or applied the appropriate treatment for their health.
Professional misconduct or medical malpractice is characterized by the fact that the person who provided the care acted negligently, recklessly, or without experience, which implies that this person was not competent or was not reasonably qualified and caused harm to the patient, resulting even in their death.
If you have identified with any of these situations, you should contact Conexión Legal as soon as possible so that you can receive the best legal advice completely free of charge, and in turn you can learn everything related to wrongful death due to medical negligence, in addition to connecting you with a Hispanic attorney with experience in cases of this nature and obtaining the highest possible compensation.
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