Fatal Mistakes: How Medical Errors Lead to Wrongful Death Cases

Medical errors can be heartbreaking, and when mistakes lead to a preventable death, many people pursue a medical malpractice lawsuit. Unfortunately, it’s not uncommon, and if you’ve been impacted by this situation it’s important to understand your options for pursuing justice.

The scope of medical error deaths and injuries

Sadly, medical mistakes are alarmingly common. Errors ranging from misdiagnoses to wrong-site surgeries contribute to a huge number of preventable injuries and deaths each year. While the exact number is debated, deaths alone are estimated to be between 210,000-440,000 each year.

Knowing the scale of the issue is a good reason to pursue a medical malpractice claim. It’s not just a few random, honest mistakes – it’s outright negligence on a mass scale.

Common medical mistakes that result in lawsuits

Certain medical errors are known to cause harm more than others. If you or a loved one were injured because of medical malpractice, knowing this information can help.

• Misdiagnosis or delayed diagnosis. Diagnostic errors affect around 12 million Americans every year, which includes no diagnosis, misdiagnosis, and delayed diagnosis. Some of these errors have fatal consequences.
• Medication errors. Avoidable mistakes, like prescribing the wrong dosage, mixing up a prescription, or failing to account for dangerous drug interactions, cause thousands of preventable injuries and deaths each year.
• Surgical errors. Sometimes doctors operate on the wrong body part, amputate the wrong limb, or leave surgical instruments inside the patient’s body. These circumstances are serious and often lead to serious injury or death.

If your situation aligns with any of these common medical mistakes, contact a lawyer right away to discuss your case.

How a medical error becomes a medical malpractice case

Not every unfortunate medical outcome qualifies as wrongful death. To file a lawsuit, several criteria must be met:

• Established duty of care. You must first establish that there was a duty of care between the negligent party and the person who was harmed or died. For example, being treated or seen by a physician establishes that duty of care.
• Breach of duty. It must be provable that the healthcare provider failed to meet the acceptable standard of care through omission, error, miscommunication, or outdated procedures.
• Causation. You must prove the provider’s breach directly led to injury or death. If complications or a natural progression other than error caused the harm, it’s unlikely to be considered malpractice.
• Measurable harm. Last, the injury must have caused measurable harm, either to the individual injured or to the surviving family members of the person who died. This can include economic loss and loss of companionship.

If you can prove all four of these elements, you can pursue a medical malpractice lawsuit against the negligent party.

How compensation is calculated

There are a few different types of compensation:

• Economic damages. These damages are monetary in nature and are designed to cover funeral expenses, medical costs, lost income (past and future), and household contributions.
• Non-economic damages. Some states allow claims for emotional losses like pain and suffering, grief, emotional distress, and loss of consortium.
• Punitive damages. Punitive damages are rare, but possible where gross negligence or willful misconduct occurred. These damages are mostly reserved for cases involving surgical errors and intentional concealment.

The type and amount of compensation you receive will depend on your individual circumstances, your lawyer’s ability to fight for you, and state laws.

Only certain people can file a claim

Since there’s a time limit for filing a claim, it’s crucial to act fast – but the right person needs to file the claim. Typically, the injured party must file their own claim. And immediate family members, other relatives, and estate representatives can file a wrongful death claim. However, if you’re filing a claim against a government provider or public hospital, you might need to file a formal notice before filing a lawsuit. When you hire a medical malpractice attorney, they’ll handle it for you.

The importance of building a strong case

To prove your case, you’ll need strong evidence. This includes documentation, expert analysis, and a clear explanation of how the harm was caused. Start building your case by obtaining all the medical records you can get. In the case of a loved one’s death, you’ll need power of attorney (POA) since medical records aren’t typically available even to next-of-kin. In either case, don’t just ask for test results and charts. Request records for orders, staffing logs, shift communications, and equipment used. These documents can expose negligence and lapses that led to the mistake.

Once you get the medical records, your attorney will call in professional experts to review the records to see if they can spot any breaches and establish causation.

Hold providers responsible for medical mistakes

Medical errors kill and injure thousands of people each year, and providers should be held accountable. If your loss seems like medical malpractice, consult an attorney right away to see if you have a case.