A Closer Look at Wrongful Death and Medical Malpractice
When we seek medical care, we place our trust in the hands of healthcare professionals, expecting them to adhere to the highest standards of care. Unfortunately, medical errors can occur, sometimes resulting in tragic outcomes. In cases where these errors lead to the death of a patient, the surviving family members may have grounds for a wrongful death claim. Understanding the connection between medical malpractice and wrongful death claims can help grieving families seek justice and compensation for their loss.
The Connection Between Medical Malpractice and Wrongful Death Claims
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or death to a patient. A wrongful death claim arises when someone’s negligence or misconduct leads to another person’s death. When these two areas intersect, it means that a medical professional’s error or negligence has directly caused a patient’s death. This is not only a devastating personal loss but also a complex legal situation requiring the expertise of seasoned wrongful death lawyers.
To pursue a wrongful death claim in a medical context, it must be established that the healthcare provider failed to meet the standard of care expected in their profession, and this failure directly resulted in the patient’s death. Common examples of medical malpractice leading to wrongful death include surgical errors, misdiagnosis, medication mistakes, and neglect in care facilities.
When to Pursue a Wrongful Death Claim in a Medical Case
Families may need to consider a wrongful death claim in medical cases under several circumstances:
Surgical Errors: Mistakes during surgery, such as operating on the wrong site, leaving surgical instruments inside the body, or failing to monitor the patient properly, can lead to fatal complications.
Misdiagnosis or Delayed Diagnosis: If a doctor fails to diagnose a serious condition like cancer or heart disease in a timely manner, the patient may miss crucial treatment opportunities, leading to preventable death.
Medication Errors Prescribing the wrong medication or incorrect dosage can have deadly consequences, especially for vulnerable patients such as the elderly or those with chronic conditions.
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Examples of Wrongful Death Due to Medical Malpractice
Example 1: Hospital Setting
John, a 45-year-old father of three, was admitted to the hospital for a routine appendectomy. Due to an oversight, the surgical team left a piece of gauze inside his abdomen. John developed a severe infection that was not promptly diagnosed or treated, leading to sepsis and, ultimately, his death. His family pursued a wrongful death claim against the hospital for the surgical error and the subsequent failure to provide adequate post-operative care. This is the type of claim our wrongful death attorneys at Cheves Briceno can and will successfully handle.
Example 2: Care Facility
Mary, an 80-year-old resident of a nursing home, suffered from severe bedsores due to neglect. The staff failed to regularly reposition her and neglected basic hygiene, leading to severe infections. Despite her family’s repeated complaints, the facility did not take appropriate action. Mary’s condition deteriorated, and she passed away from complications related to the infections. Her family filed a wrongful death lawsuit against the care facility for gross negligence. Our wrongful death attorneys at Cheves Briceno have experience in claiming against care facilities in Georgia, and can help you in the event you have such a claim.
Example 3: Medical Doctor
David, a 50-year-old man, went to his primary care physician with symptoms of chest pain and shortness of breath. The doctor misdiagnosed his symptoms as indigestion without conducting necessary tests. David suffered a fatal heart attack the following week. His family sought legal recourse, filing a wrongful death claim against the doctor for failing to diagnose his condition correctly and provide appropriate care. Cheves Briceno has years of experience winning wrongful death claims against medical doctors and others associated with their duty of care.
Seeking Justice and Compensation
Losing a loved one due to medical malpractice is a heart-wrenching experience, and the legal complexities can add to the burden. At Cheves Briceno, our experienced wrongful death lawyers understand the profound impact such a loss can have on your family. With offices in Braselton, Peachtree Corners, and Columbus, we are committed to helping families across Georgia seek justice and obtain the compensation they deserve.
Our lawyers work on a contingency fee basis, meaning you pay no legal fees unless we win your case. We offer compassionate, confidential consultations to discuss your situation and explore your legal options. If you believe your loved one’s death was the result of medical malpractice, you may have a claim. Contact Cheves Briceno for a confidential wrongful death consultation and let us help you navigate this difficult time and fight for the justice your family deserves.
