medical malpractice - Wrongful Death Claim

Medical Malpractice: Can I File a Claim on Behalf of a Family Member Who Died in Surgery?

We have all heard of medical malpractice claims before. After all, accidents, mistakes, and incidents of gross negligence happen in hospital settings all the time. For instance, your doctor prescribes the wrong medication or operates on the wrong body part. When these unfortunate situations happen, it’s easy to assume that the victim will be the one to seek justice. But what happens if they pass away? Do grieving family members have recourse … can they file a claim on behalf of their deceased loved one?

If your loved one died due to medical malpractice, then yes, you may have the right to file a wrongful death claim.

Who Is Eligible To Pursue a Wrongful Death Claim in a Medical Malpractice Case?

Unfortunately, medical errors are one of the leading causes of death in the United States, with numbers varying between roughly 250,000 and 400,000 per year. Even if a mistake or negligence does not lead to a fatality, it can cause serious harm to patients, including long-term injuries, disabilities, and other impairments. When someone passes away, a wrongful death claim is almost always filed. This claim is a form of personal injury legal action filed on behalf of the deceased victim. The goal is to hold the responsible party accountable for the death of your loved one.

In doing so, a successful wrongful death claim can protect surviving family members by allowing them to recover damages from the accident—even if they weren’t directly involved in the accident.

We advise you to speak with a knowledgeable personal injury attorney about your unique situation, the facts of the medical malpractice situation, and the claim you hope to file against the negligent party.

The following parties can generally bring wrongful death actions:

  • Surviving spouse of the deceased victim
  • The children of the deceased victim
  • The parents of the deceased victim
  • A personal representative of the deceased victim’s estate, in some situations

How Can a Medical Malpractice Attorney Help?

Your family may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. We’ll fight tirelessly to get you the compensation you deserve. We’ll handle all aspects of your case, from negotiating with insurance companies to representing you in court, if necessary.

We understand that the legal process can be overwhelming, especially for those dealing with the aftermath of medical malpractice. That’s why we’ll keep you informed, so you always know what’s going on with your case.

Our services cover cases that involve birth-related injuries, misdiagnosis, delay in diagnosis, emergency room errors, hospital errors, surgical errors, nursing home accidents, and so-called “never events.” Time is of the essence in medical malpractice cases, and it’s important to act quickly, as such claims must be filed within two years of the event and supported by written opinions from qualified experts.

Call Keys Law Offices Today

At Keys Law, we are dedicated to representing victims of medical malpractice and their families. You may be due compensation for your medical costs and any lost wages in addition to pain and suffering, and other damages. At the Keys Law Offices, we work hard to protect your rights. We can guide you through every part of the process—from dealing with insurance companies to standing by you in court if it comes to that. We know how confusing and stressful the legal system can feel, especially after a medical mistake.

That is why we will keep you informed every step of the way, so you always know what is happening with your case.

Our staff is always available. Call us today!

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