You can only file a wrongful death claim caused by medical malpractice if the patient dies because of the of a medical professional who was involved in the patient’s treatment.
Wrongful death is a term used when one person dies because of the negligence of another party. One major contributor to wrongful death cases is medical malpractice. As a patient, you have the right to expect proper diagnosis and treatment from medical professionals. Medical malpractice accidents can have dire consequences for the life of the patient. A wrong diagnosis leading to improper treatment or wrong prescription can cost thousands of dollars for the patient, or worst, even the patient’s life.
Here are some of the categories that fall under medical malpractice:
1. Misdiagnosis. – Every time you visit a doctor because of an illness, the first thing that a doctor should do is diagnose your condition correctly so that they can provide you with the correct treatment and help cure the cause of all your symptoms. If a doctor fails to do this, your condition could worsen because you’re not getting the correct treatment. If a reasonably skilled and competent doctor would not have made the same mistake in diagnosing your illness, then the doctor who misdiagnosed you and gave you the wrong treatment may be liable for malpractice.
2. Improper care & treatment. – If a doctor gives his patient care and treatment that no other reasonably skilled or competent doctor would prescribe, then he may be liable for malpractice. The doctor may also be liable for malpractice if he or she has prescribed the correct care and treatment but administered it incompetently.
3. Explanation of the risks. – Medical professionals are expected to inform their patients of the risk involved in any medical procedure or treatment that the patient will undergo. After being told of all the risks, the patient will have to decide if they would go ahead with the proposed procedure or treatment and make an informed decision. If the doctor fails to communicate the risk to the patient and the patient gets injured or dies during the procedure, then the doctor may be liable for malpractice.
4. Surgical errors. – Surgery can take long hours and a lot of effort from the medical team performing it, but even under these circumstances the patient still has the right to expect to get the best care possible from their surgeon and surgery staff. Surgeons who have committed mistakes like puncturing an organ, operating on the wrong body part, or leaving a surgical instrument inside of a patient can be liable for malpractice. Postoperative care staff like nurses can be liable for malpractice too if they are negligent in their duty to the patient like providing the wrong medication, improper post-operation care, and treatment that could lead to infection, or failing to give the patient correct instructions on how they could speed up their recovery.
You can only file a wrongful death claim caused by medical malpractice if the patient dies because of the negligence of a medical professional who was involved in the patient’s treatment. If the malpractice doesn’t result in death, a personal injury claim may also be an option for you.
As a person, you are the manager of your well-being. You should take all the necessary precautions to make sure that your body is healthy. Eating right and doing daily exercises to help boost your physical well-being are steps that you can take to make sure that you don’t get sick. There are times when even if you take care of your body in the best way possible, diseases and illnesses can get to you, and this is where we expect medical professionals to help us.
About the Author:
Job has a bachelor’s degree in Communication from De La Salle University Dasmariñas in the Philippines and has worked as a publishing specialist, freelance copywriter, and content writer. He’s a voracious reader and likes to spend his time perusing books in bookstores and libraries.
Are you involved in a wrongful death claim or personal injury case because of medical malpractice? Contact Hogan Injury for expert legal advice.
Nothing in this article is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information.