Medical malpractice wrongful death leaves a family grieving, struggling, and seeking answers. You may be eligible to receive monetary compensation by bringing a legal claim.

Our experienced Greenville medical malpractice lawyer at Bobby Jones Law represents families in medical malpractice wrongful death cases in Greenville, SC. Here’s what your family might be entitled to recover.

What Is Medical Malpractice Wrongful Death?

When a death occurs because of medical care that fails to meet the acceptable standard of care, that is a medical malpractice wrongful death.

Understanding Medical Malpractice Wrongful Death

As a wrongful death medical malpractice attorney, here’s what Robert “Bobby” Jones wants you to know.

Healthcare providers have a duty to provide adequate care.
This duty is not just a moral duty but a legal duty.
A person has the right to expect quality medical care.
When medical care is substandard, it is medical malpractice.
If medical malpractice results in death, the surviving family may have a medical malpractice wrongful death claim.

The standard for acceptable medical care is a minimum standard. A healthcare provider is responsible for medical malpractice when they fail to provide care that meets the minimum acceptable standards customary for the time and locality.

Is death by medical negligence a widespread problem?

The Institute of Medicine reports that medical errors kill 44,000 to 98,000 Americans each year. In addition to medical error, wrongful death may result from a lack of knowledge and inattention.

Most Common Types of Medical Errors That Lead to Wrongful Death

Medical malpractice can be an affirmative act—doing something that a reasonable, qualified medical practitioner wouldn’t do. It can also be failing to do something that a reasonable care provider would do.

Some medical errors that lead to wrongful death are:

Delayed diagnosis
Misdiagnosis
Medication mix-up
Failing to administer medication
Untimely medical care
Surgical errors
Foreign object left in the body
Premature discharge from a care facility
Inadequate instructions for home care
Failure to inform
Not recognizing symptoms or complications

Wrongful death medical malpractice isn’t just an undesired patient outcome. Instead, it is when the death results from substandard medical care. Whether medical malpractice occurred depends on the individual situation and the standard of reasonable care.

Who Can File a Medical Malpractice Wrongful Death Claim in SC?

The deceased person’s personal representative files the medical malpractice wrongful death claim in South Carolina. If there is a will, the individual might be named in the will. The court officially appoints the personal representative who can start the case.

Even though it’s the personal representative who files and leads the case, they may or may not be a beneficiary who receives compensation. Who Gets the Money in a Wrongful Death Lawsuit depends on which family members survive the victim. Closest family members—the spouse and children—are the priority to receive compensation for death by medical negligence.

Note: If the personal representative won’t start the medical malpractice wrongful death claim, you can petition the probate court. Don’t wait to get help from an attorney.

What Must Be Proven in a Medical Malpractice Wrongful Death Case?

To win a medical malpractice wrongful death case, you must show:

Provider-patient relationship. You must identify the healthcare organization that provided medical services.
Medical malpractice. A medical care provider failed to provide adequate medical care.
Death. A death occurred.
Causation. The person’s death resulted from medical malpractice.
Damages. Surviving family members have compensable damages.

More From Bobby Jones Law: How Do You Prove Wrongful Death in SC?

What Damages Can Families Recover in a Wrongful Death Claim?

Damages that families can recover in a wrongful death claim reflect the loss of a loved one. These losses are both financial and personal. The family may claim for medical bills, lost financial support, and funeral expenses. They may seek compensation for loss of companionship, grief, and anguish.

Losses are individual to each case. The case will examine the relationships each survivor had with the victim. It’s important to present evidence explaining the emotional loss that survivors have when they lose a loved one.

Some laws determine how proceeds are split among family members.

Damages caps in medical malpractice wrongful death

There are limits on damages in south carolina medical malpractice cases. These limits apply in wrongful death claims. The limit depends on the type of healthcare institution involved, such as a private practice, a government-run facility, or a charity.

The statutory amounts are adjusted for inflation, and they apply per occurrence of medical malpractice. They apply only to non-economic damages. You may still claim the full amount of economic loss, which can be significant in a wrongful death claim.

How Much Is a Medical Malpractice Wrongful Death Case Worth?

Medical malpractice claims are always worth a significant amount because the loss of a loved one is the greatest loss possible. There is no tracked, calculated average, because many settlements are confidential. Your case may be more or less than average.

Even though South Carolina imposes non-economic damages caps for death by medical negligence, compensation amounts still commonly reach six and seven-figure amounts.

Many factors may impact your case value. How you pursue your case can impact your award.

At Bobby Jones Law, we help families maximize wrongful death compensation. Talk to a lawyer for a personal consultation about the potential value of your claim.

How Long Do You Have to File a Wrongful Death Claim in South Carolina?

Generally, you have two or three years to file a wrongful death claim in South Carolina. The rule is three years for private defendants and two years for claims against government entities. Many healthcare providers, especially hospitals, are government institutions, so don’t assume that the longer deadline applies to your case.

How a Greenville Medical Malpractice Attorney Can Help Your Family

When you lose a loved one, you’re grieving. It can be hard to know what to do and what the next steps are. A Greenville medical malpractice attorney can pursue your compensation. At Bobby Jones Law, we can take care of everything needed for your case.

Call or message us now.