Unfortunately, sometimes medical procedures go wrong. When they do, people can be injured or can even die. If your loved one was undergoing some kind of medical procedure and it turned fatal, then you need to protect your rights and take legal action.
Most people have absolutely no idea what they’re supposed to do after a loved one dies due to medical malpractice, however. It’s not really something people tend to think about, mainly because they trust doctors and surgeons.
This post will tell you what you need to do and how you can protect your rights if a loved one dies due to medical malpractice.
Finding a Lawyer
If you lose a loved one due to a botched medical procedure, then you need to find a lawyer. As long as your loved one’s death was genuinely a mistake, you won’t be able to call the police. Instead, you will only be able to take the surgeon (or the hospital) responsible for your loved one’s death to court civilly. The outcome of most civil causes is compensation being awarded to claimants. It’s not easy finding a lawyer though. There are so many different ones to choose from. You need to find the lawyer that’s best for you (and that you get along with). Always read a lawyer’s reviews before agreeing to work with them, so that you can be sure they are experienced, qualified, and have what it takes to ensure you receive compensation.
Claiming Compensation
Compensation is most people’s goal after losing a loved one due to medical malpractice. According to this wrongful death attorney in Waipahu, compensation can help you to maintain your family in the long run. It’s doubly important to make a claim if the loved one you lost was your household’s breadwinner. The amount of compensation you will receive depends largely upon your deceased loved one’s significance and the amount that you relied upon them. If they were the sole breadwinner, you’ll probably receive a huge payment.
Ensuring Justice
Even if your loved one’s death was an accident, justice needs to be served. As mentioned previously, if the surgeon responsible for your loved one’s death only killed them accidentally, the police won’t intervene and arrest them. However, that does not for a second mean that they should be able to get away with killing your family member. Making a compensation claim will ensure that they get punished, mainly because their employer will probably fire them. At the very least, they will gain a bad reputation, especially if the lawsuit is publicized in your town or city’s newspaper.
Punishing Surgeon
The surgeon responsible for killing your loved one will probably lose their job, as mentioned in the last part of the previous section. Very rarely are surgeons who kill people allowed to continue working in hospitals. Most hospitals fire them because it is not worth the risk. If you do not make a claim for compensation, then it is theoretically possible that the surgeon will get away with what they did. It’s only if you make a big deal out of it that anything’s likely to happen. If you do not, the hospital might try to sweep your loved one’s death under the rug.
Moving Forwards
Moving forwards after the death of a close family member can be extremely difficult. It can seem impossible to move on, but you have to do it. If you do not, then you will no doubt go on to develop mental health issues and serious depression. Compensation can help you to move on. The reason why compensation can help you to move on is that it ensures you do not have to work while you grieve and that you have enough money to move forwards in your life without your family member being there to support you.
Providing Support
Finally, lawyers can help provide support. It’s not easy getting through the death of a loved one, especially when you are taking the person responsible for killing them to court. Taking them to court will bring up all of the same emotions you experienced when you found out about your loved one’s death. In many ways, you will relive it all. A lawyer will be able to talk to you, help you to feel better, and refer you to mental health services if you are really struggling to deal with your loved one’s loss (and moving forwards with your life).
Fatal medical procedures sometimes happen. When they do, it’s essential that you take legal action and defend your deceased loved one’s honor. You should never allow a botched medical procedure to go unpunished. Making a claim for compensation is the best way to get justice for you and your loved one.