What Are The Legal Standards for Proving a Wrongful Death Claim Due to Medical Malpractice?
The goal of wrongful death claims arising from medical malpractice is to give surviving family members the chance to hold negligent medical providers liable for their actions and pursue damages for the losses they suffered. However, they must meet specific legal standards to prove that the death is a direct result of medical malpractice. These include establishing a legal duty of care, a violation of that legal duty, causation, and the damages suffered by the deceased’s surviving family.
Losing a loved one is among the most traumatic experiences you can go through. However, your grief can quickly turn into rage when you find out that your loved one was killed because of medical malpractice. In this case, you must prove that the medical provider’s negligent actions directly led to your loved one’s death. That’s why it’s in your best interest to discuss your case with an experienced Greenville wrongful death lawyer.
The Legal Standards You Must Prove in Medical Malpractice Claims Involving Wrongful Death
To win a wrongful death case based on medical malpractice, you must prove the following:
- The Doctor-Patient Relationship: There must have been a legal duty of care between the negligent medical provider and your deceased loved one.
- The Medical Provider Breached that Legal Duty: You must prove the failure of the provider to administer medical care that’s in line with the medical community’s standard of care under the same or similar circumstances.
- Causation: You must establish a direct causal connection between your loved one’s death and the provider’s negligent acts, focusing on the fact that their negligence was a significant factor in the wrongful death. Proving causation can be tricky, particularly in cases where patients have pre-existing illnesses.
- The Damages Your Family Endured: You and your family must have suffered damages due to your loved one’s demise. These damages usually include burial and funeral costs, healthcare expenses the deceased incurred before dying, and the emotional distress you and your family experienced. In addition, you can receive damages for loss of guidance, support, companionship, and loss of your loved one’s income and future earning capacity.
What a Greenville Wrongful Death Lawyer Can Do For Your Claim
While the compensation you can receive in a successful wrongful death claim can’t reverse your loved one’s death, it can give your family peace of mind, knowing that justice has been served. Likewise, it can help ease the financial burdens you may be going through and make sure that negligent medical professionals are held liable for their inexcusable conduct.
A Greenville wrongful death attorney can carefully investigate the circumstances of your loved one’s death, identify all potentially responsible parties, and work with relevant medical professionals to build a solid claim. They will take charge of all legal filings and procedures, handle all negotiations with insurers, and represent you in court, if needed, to help ensure you get maximum compensation for your damages.
Let Our Formidable Greenville Wrongful Death Attorneys Seek Justice and Accountability for Your Family’s Loss
Our Greenville wrongful death lawyers at Parham Smith & Archenhold LLC are dedicated to holding negligent medical professionals responsible for their actions to prevent them from harming other people in the future. Learn how we can help you by arranging your free case review by calling 864-432-1796 or contacting us online today.