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When a Patient’s Death is the Result of Medical Malpractice

Posted on in Medical Malpractice

Lake County personal injury attorneysThe death of a loved one is difficult no matter what the circumstances are. However, losing a loved one because of a medical professional’s negligence can be absolutely devastating. We trust doctors, dentists, nurses, nurses’ aides, surgeons, pharmacists, and other healthcare professionals to be competent in performing their duties. Unfortunately, this is not always the case. In fact, research conducted by Johns Hopkins Medicine suggests that medical mistakes are the third-most leading cause of death in the United States. If you have lost a loved one because of a medical professional’s negligence, carelessness, or intentional wrongdoing, a wrongful death lawsuit may help you hold the negligent party accountable.

When Is a Medical Professional Considered Negligent?  

As hard as doctors and other healthcare professionals try, sometimes, a loved one simply cannot be saved, and not every patient’s death is the result of a medical mistake. Knowing when a medical professional is liable for death is not always easy. A medical professional is considered negligent when the following conditions are present:

  • The professional owed a “duty of care” to the patient, meaning he or she had an obligation to provide competent treatment that meets the prevailing standard of care. The prevailing standard of care is typically defined as the care that a reasonable medical professional with a similar background and training would have provided under the same circumstances.
  • The professional breached his or her duty of care meaning the professional did not provide reasonably competent medical care.
  • The patient’s injury or death was directly caused by the medical professional’s failure to uphold his or her duty of care.
  • Quantifiable damages resulted from the patient’s injury or death. 

Damages can include medical expenses like hospital bills, nursing home bills, prescription medication costs, laboratory fees, and costs related to surgery. Through a wrongful death claim, you may also be able to get compensation for funeral and burial expenses, the loss of your loved one’s current income and future earnings, and your loved one’s pain and suffering before his or her death. If you have lost your spouse or child’s parent, you may also be eligible for compensation for the loss of consortium and the loss of parental guidance for your children.

Contact a Waukegan Wrongful Death Lawyer

If you have reason to believe that the death of your loved one was caused by medical negligence, contact an experienced Lake County medical malpractice attorney from Salvi & Maher, L.L.C. to explore your legal options. Call our office today at 847-662-3303 to schedule a free, confidential consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059

https://www.npr.org/sections/health-shots/2016/05/03/476636183/death-certificates-undercount-toll-of-medical-errors

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