Wrongful Death - Who Can Sue

A wrongful death lawsuit can be filed with the help of a wrongful death attorney against any person or organization that is responsible for another person's death whether it is accidental or deliberate.

There are many reasons to seek legal counsel.  One of the leading causes of wrongful death is medical malpractice. If the loss of a loved one was caused by another person or through the negligence of an institution, you and your family could be eligible to pursue a wrongful death suit with the help of a wrongful death attorney.

Wrongful Death Due to Medical Malpractice

With medical malpractice, wrongful death attorney may help you file a lawsuit, if there is loss of substantial income and benefits caused by the victim’s death and loss of inheritances caused by the wrongful death of the individual.

Medical Malpractice is a serious issue in our hospitals with an average of more than 225,000 people who die from medical malpractice related injuries each year. A US Department of Justice report in 2007 noted that the number of payouts stemming from a survey of medical malpractice cases increased 40%.  In addition, The Institute of Medicine of the National Academies said medication errors and malpractice potentially killed or harmed one and half million Americans in 2006 alone.

There are many forms of medical malpractice, resulting in death. Some include surgical malpractice, medication errors, bacterial infections, birth injury, dental malpractice, diagnosis error and negligence.

One form medical malpractice can take is in surgical errors. Surgical errors may range from consequences stemming from pre-operative care to perforations of internal organs by a surgical utensil during the procedure. According to the Centers for Disease Control and Prevention in 2007, there were well over fifty million surgical procedures in the United States that year alone. Every time a person has to undergo a surgical operation, there are risks of medical and surgical malpractice.

Examples of surgical errors include:

• Use of unsanitary surgical utensils
• Incorrect incision
• Organ puncture or perforation
• Surgery on wrong organ
• Delayed surgery

Wrongful Death Due to Medication Errors

With medication errors, sometimes the doctor, hospital staff, or pharmacy prescribes either due to a faulty diagnosis or negligence the wrong dosage of a medication. Other possible medication errors leading to wrongful death are diagnostic error, such as misdiagnosis leading to the wrong type of therapy, failure to use an indicated diagnostic test, misinterpretation of test results and equipment failure.

Misinterpretation of other medical orders, such as failing to give a patient a salt-free meal, as ordered by a physician can be simple but lead to wrongful death. Even with simple dental procedures, a patient can lose their life through the misuse of anesthetic.

If a loved one died because of medication error, you need to know your rights and seek advice from wrongful death attorneys specializing in medication error.

Medical Malpractice Legal Recourse

In 2007, jury verdict research provided information on the median verdicts in medical malpractice lawsuits: Florida - $1,257,386; New York - $1,100,000; Pennsylvania - $1,000,000; Ohio - $850,000; Indiana - $750,000; Missouri - $694,000; North Carolina - $500,000. So a medical malpractice lawsuit might be fruitful and worth the advice from a wrongful death attorney specializing in the field.