Can I File a Wrongful Death Suit for Medical Malpractice?

February 14, 2019 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Charlottesville, VA Hospital Accident Lawyers

Physicians and hospitals earn our respect and we trust the professionals to provide the best possible treatments for our medical ailments. Unfortunately, doctors and hospitals lose patients and the question becomes could something have been done by the staff to prevent the loss and was negligence involved by any of the participating parties.

If you lost your loved one and you believe the hospital or medical staff was responsible in some way, contact an attorney to explore the possibility of filing a wrongful death lawsuit. These type of lawsuits are governed by the laws in each state. A consultation with a wrongful death attorney can answer questions concerning the laws in your specific state and how wrongful death lawsuits differ from personal injury claims.

The issues that each state have in common are:

  • The people who can represent the estate of the deceased by filing a wrongful death claim
  • How those people are selected to be a representative of the estate
  • What kinds of damages or compensation can these cases bring to the estate

Who is liable (the physician or the hospital) will be dependent upon the particulars of the negligence.

Executor of the Deceased’s Estate Often Becomes the Representative Filing the Lawsuit

This closest family member, often a spouse, parent, or child of the deceased will likely be the executor of their estate. This same person usually becomes the plaintiff in a wrongful death lawsuit.  Ultimately the court appoints the person to represent the deceased in a wrongful death lawsuit.

What Can You Expect to Recover in Damages if Your Case is Successful?

The damages awarded in a wrongful death lawsuit are similar to compensation received in a medical malpractice suit. These damages may include:

  • Lost wages
  • Job benefits lost
  • Medical expenses
  • Pain and Suffering on the part of the deceased

Additional damages that may be awarded in a wrongful death suit that differ from a medical malpractice case include:

  • Funeral expenses
  • Family member’s future loss of financial support

The family member that wishes to collect damages for loss of financial support is required to supply the court with proof of the dollar amount needed to continue the support. Any child through the age of 18 can receive support and maybe even through college if it can be proved that the deceased planned on contributing to funding college for the child. A widow can expect to receive support until retirement age. If a widower is requesting lost support, they must show proof that their deceased spouse supported him. Other relatives, including parents, can request support damages provided they submit proof that they were supported by the deceased.

Contact a Wrongful Death Attorney

A wrongful death attorney can answer your questions concerning filing a wrongful death lawsuit because of medical malpractice. There are different maximum damage amounts depending on the state where you are filing the lawsuit. Contact Charlottesville, VA hospital accident lawyers to discuss your situation and if your case meets the required parameters to file a wrongful death claim on behalf of your deceased loved one.

Contact MartinWren, P.C. for their insight into personal injury claims and wrongful death involving medical malpractice.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.


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