What Should You Do If a Doctor's Mistake Leads to a Loved One’s Death?

What Should You Do If a Doctor’s Mistake Leads to a Loved One’s Death?

A recent study from Johns Hopkins estimates that over 250,000 Americans die each year because of medical errors, making it the third‑leading cause of death. Many people may never even realize that their loved one died due to a medical error. They may have their own nagging doubts about what really happened, but no sure answers. Unless you hire a medical malpractice lawyer to investigate your case, you may never find out exactly why your loved one died. You also cannot qualify for compensation from the doctor, the hospital, or the practice that employed them.

When a loved one has died, and you suspect that there was negligence, you understandably want answers. When you hire a medical malpractice lawyer for a potential case, you can not only get information, but you can also obtain accountability and justice as financial compensation. However, you cannot get these results without the help of a medical malpractice attorney. Speak to a White Oak medical malpractice lawyer at Pribanic & Pribanic to learn more about your legal rights and how you can begin the process of seeking compensation for the loss of your loved one.

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Key Takeaways About Medical Malpractice Lawsuits

• Medical errors lead to the deaths of hundreds of thousands of Americans each year. These mistakes can occur in various ways.
• If your loved one died due to a medical mistake, your family may have the right to financial compensation in a wrongful death lawsuit.
• Medical malpractice cases are generally challenging. Your case may be even more complex because the doctor may argue that your loved one died of natural causes, and it was not due to a medical error.
• If you can prove medical malpractice, your family may have the legal right to wrongful death damages that measure the value of your loved one’s life in terms of the family.
• Work with a medical malpractice attorney to hold the doctor accountable for the mistake that resulted in the death of your family member. 

Medical Errors That Can Lead to Death

Doctors can make mistakes in many ways that can lead to the death of a loved one. The mistake may be immediately apparent at the time that your loved one died, or you may need to investigate further to learn the actual cause of death.

Here are medical errors that can result in the death of a patient.

• Medication Errors – Administering the wrong medication, incorrect dosage, or failing to account for drug interactions can lead to life-threatening complications.
• Surgical Errors – If the doctor makes mistakes during surgery, such as operating on the wrong site, leaving surgical instruments inside the patient, or causing accidental injury to organs, these errors can be fatal.
• Misdiagnosis or Delayed Diagnosis – Failing to correctly identify a condition like cancer, heart attack, stroke, or infection in time can prevent life-saving treatment and result in death.
• Anesthesia Errors – Overdosing or improperly monitoring anesthesia during procedures can cause respiratory failure, brain damage, or death.
• Infections and Hospital Conditions – Neglecting sterile procedures, failing to monitor for infection, or inadequate post-operative care can lead to sepsis or other deadly complications.
• Failure to Monitor or Respond – Medical staff may fail to recognize critical changes in a patient’s condition, such as low oxygen levels, abnormal heart rhythms, or internal bleeding, leading to preventable death.

How Do I Know if My Loved One Died Due to Medical Negligence?

Determining whether medical negligence caused a loved one’s death can be emotionally overwhelming, but understanding the key signs can help guide you through this challenging process. Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide the standard of care expected, directly resulting in harm or death.

Due to the statute of limitations and the limited shelf life of key evidence, you must learn about negligence now, even when your family is already going through a difficult time.

One of the first indicators is unexpected or unexplained outcomes. If a patient dies after a routine procedure or treatment without warning, it may warrant further investigation. Similarly, errors during treatment, such as surgical mistakes, medication mix-ups, misdiagnosis, or delayed diagnosis, can be red flags. These mistakes often deviate from accepted medical standards and may contribute directly to a fatal outcome.

Another sign is the presence of inconsistent or incomplete medical records. Healthcare providers have a legal obligation to maintain accurate records of treatments, medications, and patient interactions. Discrepancies, omissions, or sudden changes in documentation may indicate negligence.

Additionally, consider whether there were preventable complications. Patient deaths can result from infection, untreated conditions, or a failure to monitor critical symptoms. Medical professionals may have avoided these fatalities with proper care.

What Should I Do After My Loved One Has Died from Medical Negligence?

Losing a loved one due to suspected medical malpractice can be devastating, and it can be challenging to know what steps to take immediately afterward. While grieving, it is essential to address both emotional and legal matters to protect your rights and ensure accountability.

Thankfully, this is not a process that you must undertake on your own, but you can do it with the help of a medical malpractice attorney.

The first step is to obtain and review your loved one’s medical records. These documents are key for understanding the provided treatment and identifying any potential errors or deviations from the standard of care. Requesting records early is important, as some documents may be difficult to access later.

Next, consult a medical malpractice or wrongful death attorney as soon as possible. Pennsylvania law imposes strict deadlines, including a two-year statute of limitations for wrongful death claims, and medical malpractice cases require a certificate of merit from a medical expert. An experienced attorney can guide you through the process, review the medical records, and help determine whether negligence contributed to your loved one’s death.

You should also document everything related to your loved one’s care and death, including hospital bills, treatment plans, and any correspondence with healthcare providers. Keeping a record of your loved one’s condition and the impact of their loss on your family can strengthen your case.

Finally, take care of your emotional well-being. Coping with the loss of a loved one under these circumstances is incredibly difficult, and seeking support from counselors, support groups, or trusted family and friends is important.

Wrongful Death Damages for Medical Malpractice Cases

In a medical malpractice wrongful death case, damages should compensate surviving family members for the losses they suffered as a result of their loved one’s death. Pennsylvania law recognizes several types of damages in these cases, which generally fall into two categories: economic and non-economic.

Economic damages are tangible financial losses that result from the deceased person’s death. These damages can include the loss of the deceased’s expected income and benefits, such as health insurance, retirement contributions, and other financial support the individual would have provided. Funeral and burial expenses are also recoverable, as they are direct costs incurred due to the death.

Non-economic damages address the intangible, emotional, and relational losses suffered by survivors. These damages may include compensation for loss of companionship, comfort, guidance, protection, and love. In other words, non-economic damages recognize the emotional and psychological impact on family members who relied on the deceased for support, mentorship, or emotional well-being.

In some cases, Pennsylvania law may also allow recovery for loss of consortium, which compensates a surviving spouse for the loss of companionship and the intimate aspects of the marital relationship.

Calculating damages in a medical malpractice wrongful death case can be complex. Courts consider factors such as the deceased’s age, earning potential, health prior to the incident, and the nature of their relationships with surviving family members. Because these cases often involve detailed medical and financial evidence, consulting an experienced medical malpractice attorney is vital. An attorney can help ensure that all recoverable damages are appropriately documented and claimed, maximizing the compensation available to survivors while holding negligent medical professionals accountable.

Challenges in a Wrongful Death Lawsuit for Medical Malpractice

There are two significant challenges that you face in a wrongful death lawsuit for medical practice. The first involves proving that the medical professional failed to uphold the duty of care that they owed to your loved one. You must show that the doctor did something that an ordinary doctor of reasonable training would not have done under the circumstances. The law acknowledges that adverse medical outcomes can occur, and it is not anyone’s fault. Further, you need to overcome the natural inclination of jury members to trust a doctor.

Your medical malpractice lawyer works with expert witnesses to reconstruct the care that your loved one received. The experts will provide their own opinions on what reasonable medical care should have been under the circumstances. In addition, your medical malpractice attorney can question the doctor under oath at a deposition, so they can hear about the care that your loved one received in the medical professional’s own words.

Then, you must also prove that the doctor’s error was the cause of your loved one’s death. Here, you may be up against some challenges because a defendant may argue that your loved one would have died regardless, no matter what the doctor did. Causation is often a difficult task to prove in medical malpractice wrongful death cases. Again, an expert witness can argue that the doctor’s mistake resulted in the death of your loved one.

Having an attorney by your side offers many benefits. They provide the objectivity required to assess the strength of your case and develop a strong strategy tailored to your particular situation. They understand the tactics used by insurance companies and hospital legal teams. Furthermore, a lawyer helps gather evidence, consult with medical professionals, and, if necessary, argue your case in court. This support is crucial, given the hospital’s or doctor’s intent to protect themselves, often at the expense of your deserved compensation.

Call a Medical Malpractice Attorney Near You

You need to act immediately to get the legal help you need for a medical malpractice wrongful death claim. Speak to the medical malpractice attorneys at Pribanic & Pribanic by calling us today at (412) 672-5444.

Frequently Asked Questions About Medical Malpractice Wrongful Death Lawsuits

How Much Do I Have to Pay a Medical Malpractice Lawyer

A White Oak personal injury attorney works for you on a contingency basis, meaning that you pay them nothing up front, and you only owe them anything at all if you win. 

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