If someone you love has passed away, you may consider filing a wrongful death claim in the event that a person passed due to the negligence of a person or entity. Obtaining legal counsel from an attorney will be a vital part to filing a wrongful death claim. Wrongful death claims can be a complex process, especially when you are up against a large entity such as a hospital. An attorney will be able to communicate with the hospital and their insurance company so that you can give yourself the needed time and space to grieve your loved one.
Most Common Types of Emergency Room Wrongful Death
The following includes some of the most common wrongful deaths that can take place in the emergency room.
- Misdiagnosis or treating someone for the wrong illness or problem
- Not treating a person quickly enough
- Not examining the patient closely enough
- Surgical mistakes
- Error in medications by either giving someone the wrong med or too much of something
Family of a loved one who has passed away may be entitled to collect damages in a wrongful death case. This is especially the case if an attorney is able to prove that the family has taken on additional expenses as the result of a loved one’s death. If the family members were financially dependent on the person who died, they may also be entitled to collect compensation for lost wages. Other types of damages that could be collected are:
- Funeral expenses
- Medical expenses
- Pain and suffering
- Lost wages
Punitive damages are part of the compensation that the claimants can be awarded in a wrongful death case. It is important to note that wrongful death claims are not part of criminal court as they are civil cases. Punitive damages are put in place to require the negligent party to pay penance for the wrong doing that they are guilty of. As a result, if a defendant is required to pay for damages in a wrongful death case, they are not sentenced to time in prison. Determining whether or not someone will serve time is part of the criminal court process, which is separate from civil court. When the defendant is ordered to pay damages in a wrongful death claim, those who brought forth the wrongful death suit receive the money.
The intricacies of wrongful death claims can seem like daunting processes, especially when you aren’t sure where to even begin. Speaking with reputable hospital injury lawyers Memphis TN residents frequently turn to can help to ensure that you have everything you need in place prior to going to court.
Thanks to our friends and contributors from Darrell Castle and Associates, PLLC, for their insight into hospital injuries.