Know the elements of wrongful death after a fatal medical error

On Behalf of | Sep 15, 2017 | Wrongful Death

Fatal medical errors are difficult for family members to cope with. The primary concern of these family members is likely getting their loved one’s final arrangements made. They might also need time to go through the grieving process. One more thing that they should also consider is that they might opt to file a wrongful death lawsuit.

A wrongful death lawsuit has several elements that must be present before it can be filed. This is a case that can only be filed because of the death of a human, which is the first element.

Another thing that has to occur is that the death had to be because a person or business entity was reckless or negligent. When a medical professional causes a patient to perish, the circumstances of the case are evaluated to determine what is possible.

A third element is that the death had to have caused you financial hardships. If the person who was killed was an income earner in the home, the death means that you don’t have that income. This is a financial hardship that would meet this element.

The fourth element is that the person who died must have a personal representative or executor over their estate. Without this element, there isn’t any legal action that can be taken for the death.

If you lost a loved one because a medical professional didn’t provide proper care, you might choose to file a wrongful death lawsuit. This might help you to get the financial backing to handle the monetary challenges that have come since the unexpected death.

Source: FindLaw, “Wrongful Death Overview,” accessed Sep. 15, 2017


FindLaw Network