If a patient dies as a result of medical malpractice, the family of that patient may have the right to file a wrongful death lawsuit against the health care provider or the facility in charge of that provider. Common incidents in which a person could choose to file a wrongful death lawsuit include deaths stemming from medicinal errors, surgical mistakes, misdiagnosis or a failure to make a proper diagnosis.
The person filing the wrongful death lawsuit will most likely be a close surviving relative, such as a child, spouse or parent. This person will also most likely be the executor of the deceased’s estate, appointed either in the deceased’s estate plan or by the probate court governing the deceased’s estate.
In a wrongful death lawsuit after malpractice, the plaintiff could receive damages such as:
- Lost earnings and benefits. Compensation for earnings and benefits that the family would have benefitted from had the death not occurred.
- Medical costs. Compensation for hospital costs, medication and any other medical bills incurred.
- Pain and suffering. Compensation for the emotional distress and suffering experienced by the family as a result of the wrongful death of their loved one.
- Punitive damages. If the plaintiff and his or her attorneys can prove gross negligence on the part of the liable party, be it the hospital itself or the doctor, nurse or technician responsible for the wrongful death, then they could seek punitive damages against that party.
There are many different factors affecting the processes in these types of claims, so it’s important to work with a knowledgeable Atlanta wrongful death attorney at McMenamy Law, LLC.