Medical Malpractice that Results in Death

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If you have lost a loved one because of medical malpractice, the medical malpractice lawyer at Bobby Jones Law can help. You may receive financial compensation. A lawyer can assist you in bringing your case. Contact us today for a case evaluation.

A lawyer representing families when medical malpractice results in death

Losing a loved one is never easy. It can be excruciating to learn that the death was the result of medical malpractice. Robert “Bobby” Jones and his legal team can help you. Here is what we want you to know.

  • Victims of medical malpractice have the right to seek financial compensation. When medical malpractice results in death, this right extends to surviving family members.
  • Negligence may be the basis of a claim. Compensation may be paid, even if the mistake was accidental.
  • To receive compensation, you must take legal action. There is a time limit to start a case.
  • A lawyer can assist you with all aspects of the case. The healthcare companies are not going to volunteer information or admit wrongdoing. Legal representation can build your claim and protect your rights.
  • A medical malpractice death claim is a type of wrongful death claim. However, there are some key differences to be aware of that are important to pursuing justice.

We know that you are struggling with the loss of a loved one. We want to be your guide, representative, and advocate as lawyer Bobby Jones seeks justice and compensation for you. Contact us to learn more and start your case.

Examples of Medical Errors That May Result in a Fatality

Here are some ways that a medical error may result in a fatality

  • Delayed cancer diagnosis so that treatment is no longer an option
  • Misreading test results delays diagnosis and treatment
  • Not recognizing that symptoms are a sign of a life-threatening medical problem
  • Failing to respond to signs of distress during surgery, anesthesia mistakes
  • Prescription mix-ups, resulting in the wrong prescription being given, an incorrect dose, or failing to notice a dangerous drug interaction
  • Mixing up charts so that treatment is given to the wrong person – either person involved may be harmed
  • Using the wrong blood type for a transfusion, failing to properly screen blood before using it in a transfusion
  • Leaving a sponge or surgical instrument in the body that causes infection
  • Not taking a person’s personal history into account correctly before determining the appropriate care

Medical malpractice errors that cause death may occur because of a lack of knowledge, inattention to tasks, or a mix up of patient records. There are many ways that medical negligence may have a tragic outcome. When death occurs, those responsible may be liable to pay financial compensation.

Lawsuits and Compensation for Medical Malpractice Resulting in Death

Who may be liable for medical malpractice resulting in death?

Once you identify your ability to file a legal claim for medical malpractice resulting in death, you must determine who to file your claim against. You must name the party or parties with legal liability.

Parties that may be responsible for medical malpractice resulting in death are:

  • Doctors/physicians, both general practitioners and specialists
  • Physician’s assistants, nurses, nurse practitioners
  • Psychiatrists, psychologists
  • Surgeons, anesthesiologists, medical specialists
  • Chiropractors
  • Therapists
  • Pharmacists
  • Family practice, large medical practice groups
  • Hospitals, emergency rooms, urgent care centers
  • Long-term medical care facilities

The people who provide medical care, and the organizations that they work for, may be held accountable when malpractice results in death.

Legal issues in medical malpractice wrongful death claims

As many as 250,000 people in the United States die each year because of medical errors. While it’s rarely publicized, medical error is the third-leading cause of death, after only heart disease and cancer.

For the grieving families left behind, getting justice can be a challenge. Here are some of the legal issues that a lawyer may assist you with in a medical malpractice wrongful death claim:

  • Demanding records and conducting depositions when those responsible don’t want to talk about what happened
  • Identifying what actions may have amounted to medical malpractice
  • Showing that medical malpractice is a legal cause of death
  • Knowing who may seek compensation under South Carolina law and how to go about starting a case
  • Claiming compensation that is appropriate under the law
  • Gathering evidence to present, following legal procedure to pursue the case
  • Discussing potential case resolutions and preparing you for each stage in the process

Any medical malpractice case relies heavily on scientific information. We identify the nature of the malpractice, knowing what is legally required in South Carolina as part of a wrongful death claim.

Who can bring a lawsuit when medical malpractice results in death?

In South Carolina, you may bring a lawsuit for medical malpractice wrongful death if you are a:

  • Spouse
  • Child
  • Parent, if no spouse or children
  • Heirs, if no spouse, child, or parent

The case is brought in the name of the executor. All qualifying individuals are beneficiaries who receive damages awarded.

Damages and compensation for medical malpractice wrongful death claims

Compensation awarded as damages for medical malpractice causing wrongful death reflects the proportional injury resulting from the death for the respective beneficiaries. That means showing the extent of the personal loss to the affected person. Damages awarded are distributed among the beneficiaries as if the person died without having a will. If they have a will, it still applies to their personal estate.

Types of compensation may include:

  • Last expenses for funeral and burial costs
  • Loss of companionship, guidance and association
  • Unearned income, including benefits of employment
  • Mental anguish, pain and suffering

Having a lawyer means having a professional on your side to identify and value these losses. At Bobby Jones Law, we thoroughly work through each type of loss to show how losing your family member has impacted you.

Free Consultation – Talk to a Lawyer Today

You have only a limited amount of time to claim financial compensation when medical malpractice results in death. We invite you to contact us today for a free consultation with a medical malpractice wrongful death lawyer.

Learn about your case, the legal process and get answers to your questions. See what you might receive in compensation and start today.

The team at Bobby Jones Law LLC works tirelessly for the injured in South Carolina. His achievements include:
  • More than $60 million collected for our clients
  • Multiple recoveries exceeding $1 million, including an eight-figure settlement
  • Recognized by Best Lawyers in America
  • Named among the “Best Law Firms” by U.S. News & World Report
  • Named to the Top 100 Trial Lawyers by The National Trial Lawyers
  • Named to Super Lawyers 2017–2024
  • Member of the Million Dollar Advocates Forum
  • Selected as Legal Elite of the Upstate 2021–2023
  • Named among Super Lawyers "Rising Stars"
We’re humbled to be considered one of the top firms in the Upstate and invite you to learn what sets our award-winning legal services apart. Call or request a consultation online.
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