A wrongful death occurs when a patient is harmed or dies because of medical negligence. Because these are regulated by laws of the state, so they’re ruled by certain special laws. They have several issues in common:
● Who can file a wrongful death suit for the deceased person?
● How does a person get appointed to represent the dead person’s estate?
● What type of damages can you recover in a wrongful death case?
Is it the Hospital liability or the Doctors?
You can sue both the doctors and hospitals for liability. It just depends on the specific details of the negligence. If you are confused about who can file, you need to be aware that only the spouse/children can file the suit in this instance. This person also tends to be responsible for the dead person’s estate.
The court that takes care of estates and trusts in the state where the person lives will appoint that person to file the suit. Most states refer to this court as the probate court. The probate court tends to require that person to send a notice to all parties who have a stake in the dead person’s case. The court will decide the individual that gets to file the suit if there are any objections.
Damages to Recover
You can recover all of the damages that you would be able to in a normal personal injury case. This includes medical bills, lost wages, pain and suffering, and more. That said, different states have different types of damages that you would be able to recover in this instance.
You can also collect on any expenses you have incurred and will incur for burying the dead person. You can also collect for lost monetary support, if the dead person was the breadwinner of the family.
You have to prove that the dead person was indeed the breadwinner and that his or her death will cause the entire family financial hardship. Any minor kids will be supported financially through college if you can prove that the dead person would have paid for the kids’ college expenses. A widow can get assistance, until the dead person would have been legally eligible to retire. A widower can get financial assistance, if he can prove that his wife supported him financially and that he now faces financial hardship.
You can also sue for loss of consortium and loss of guidance. If you live in certain states, you can sue for punitive damages as well. However, there is a limit on the total amount that you can recover from a wrongful death. It is best to consult with a Personal Injury Lawyer in Mississauga to know more about the merits of your case.
