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Families Can Claim Medical Malpractice when A Loved One Dies

Nichol & Associates, Attorneys at Law Feb. 26, 2022

Medical malpractice claims often come from those directly affected by inadequate care. If a patient knows they spoke with their doctor at length about a symptom only to have their concerns ignored, they can provide testimony and hold that doctor accountable for a diagnostic failure.

Family members often have similar rights if the person affected becomes legally incapacitated or dies. If you suspect that mistakes during surgery or delayed diagnosis caused your loved one’s death, you could potentially file a malpractice claim.

Medical Mistakes Cause Thousands of Deaths Annually

According to research based on self-reported data from hospitals and autopsies performed by Johns Hopkins University, mistakes by medical professionals are likely the third leading cause of death in the United States.

Researchers estimated that approximately 250,000 people die every year because of doctors performing the wrong procedure or nurses dispensing the wrong drugs. If you believe your family lost a loved one due to medical malpractice, you could have grounds for a malpractice claim.

How Do You Prove Fatal Malpractice?

There are several ways to gather evidence when you suspect medical failures led to your loss. One of the most obvious is to obtain an autopsy. Another involves gathering all of your loved one’s medical records for review by an unaffiliated but trustworthy medical professional.

If there are signs of substandard care or preventable mistakes, you may have the right to file an insurance claim or even a civil lawsuit. Realizing how common medical malpractice really is can help motivate you to look into your family’s recent loss.