Wrongful Death and Medical Malpractice

A wrongful death because of medical malpractice is a mix of facts and circumstances that need to be clearly sorted out. There may be a variety of issues which make the wrongful death lawsuit much harder to present to a jury or to settle with the insurance company.

There are easier wrongful death cases, such as a surgical sponge or scissors being left inside a person after an operation.

Then, there are moderate medical malpractice cases such as a accidentally severed heart muscle or main artery during a surgery.

Lastly, there are complex medical negligence wrongful death lawsuits such as a late diagnosis of breast or lung cancer; or a mistaken diagnosis of a complex condition where the patient has a series of health problems and conditions.

The medical history of the deceased is very important, but as we get older our memories do not recall every bout of illness we have ever had, or every symptom. Therefore, it is not uncommon for an experienced wrongful death lawyer to hold off or wait to give their opinions about how strong or weak a medical malpractice claim is until the medical records are reviewed.

There is also a possible issue of the actual proof of death, which is covered elsewhere in this website in the discussion about autopsies. Today, laparoscopic surgeries may provide actual film evidence of surgical malpractice.

Today’s care and treatment protocols and the way Medicaid and HMO’s work may have caused your loved one to be bounced back and forth between different medical providers and hospitals, being constantly admitted and discharged. Therefore, more than one medical facility, specialist or doctor may come under scrutiny about having committed medical malpractice that substantially contributed to the fatal mistakes.

Under the circumstances of a patient’s death, where the patient had a complex medical history and went to several different facilities, it may take a physician, nurse, paralegal or even more than one medical expert to carefully comb through all the medical records and hospital charts. The medical experts that the law firm uses will carefully review all the medical findings, blood tests, MRI scans and so forth before the decision can be made about who to sue or even whether to sue at all.