The death of a family member is one of the most painful experiences a person can go through. How much more so if that death was caused due to someone else’s negligence or due to medical malpractice?
Litster Frost has the experience and resources needed to help those who are going through this impossibly difficult situation. If you are someone who has lost a family member due to wrongful death, talk to the attorney team at Litster Frost about your situation. They will be able to guide you and give you a sense of direction through sound council.
What Is Medical Malpractice and Wrongful Death?
The definition of medical malpractice and wrongful death may seem complicated. Here is how malpractice action is defined by the state of Idaho: “An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant.”
Wrongful death is more specifically defined by the Idaho Statutes as “When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death.”
You may file a medical malpractice claim for several reasons, including “the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer.” In other words, harming someone or concealing the harm may both warrant claims. When the damage results in death, the suit is termed a wrongful death.
Wrongful Death in the United States
A multi-year study by Johns Hopkins University indicates that medical malpractice is a far broader issue than we might like to think. In fact, medical error may be the third leading cause of death – at 250,000 deaths per year. Given these huge numbers, the chances that your loved one’s death was caused by physician error is quite high. At the very least, given what you’re no doubt going through now, you should look into your options. That way, you can have the satisfaction of knowing you’ve made a difference and hopefully making it less likely that this will happen to someone else.
How Medical Malpractice Deaths Occur
The legal definition of wrongful deaths includes killings that result from misconduct or the negligence of another party. Beneficiaries, who are mostly family members, are entitled to monetary damage from the party at fault. Medical malpractice deaths may occur due to:
- Anesthesia errors
- Birth injuries
- Emergency room error
- Hospital malpractice
Doctors use general, regional, or local anesthesia to ease the discomfort patients experience during surgery. Each type has its own function and comes with its own risks.
One of the major risks of anesthesia is intraoperative awareness when patients regain consciousness before surgery is complete. Other malpractices include administering the wrong dose of anesthesia or administering the anesthetic too late. In other cases, doctors may fail to use anesthesia or manage the medical fluids during treatment.
If medical malpractice causes death, beneficiaries should file a lawsuit with the help of a Medical Malpractice Lawyer.
The majority of childbirths are a cause for joyous celebrations. However, this is not always the case. Sometimes, a doctor’s negligence may result in debilitating birth injuries, such as brachial plexus palsy and cerebral palsy.
These injuries occur because of an error by the medical practitioner. This includes the use of excessive force, delayed C-section, oxygen deprivation, or a failure to monitor the baby’s condition and that of the mother. Birth errors that cause death should be reported for compensation.
Emergency room error
The training given to medical professionals prepares them for the hectic situations in the hospital, including emergency room scenarios. Therefore, they should follow the standard of care regardless of the situation at hand. A slight act of negligence can result in debilitating injuries.
Some examples of negligence include failure to monitor the patient after treatment or medication errors. The law allows victims to sue medical professionals who failed to observe the required standard of care in the emergency room, especially when the error caused death.
Sometimes, death is traced to mistakes from the institution itself. This includes situations when hospitals hire underqualified or incompetent staff who later contribute to a patient’s death. If the death occurred when an employee was acting within the scope of employment, the hospital could be held responsible.
When do you have a case?
Determining whether they have a case may be challenging to patients and their beneficiaries. Our experts at Litster Frost Injury Attorneys have the training and experience required to identify instances of Medical Malpractice Deaths and follow up to protect clients’ rights.
We will review your incident to determine whether you have a case or not. Remember, the State of Idaho has a limit for every civil claim. Therefore, you should get in touch as soon as possible. Schedule an appointment online or call the offices at (208) 333-3333.
How to Make Your Case
If you want to bring a wrongful death claim, though, you’ll have to do it quickly. Idaho’s state of limitations on professional malpractice is only 2 years. That means you should speak to an attorney as soon as possible after the death. We will review your case and offer our opinion about your best options. If we take your case, we will immediately begin assembling your team as well as the documents we will need to bring the case. These include:
- The death certificate, which provides an accurate and exact cause of death
- The autopsy report, which includes additional information
- Any police reports that may have been filed
- Complete medical records for your loved one
- Evidence of a relationship between the dead individual and the person who was supposed to be caring for them, which indicates the duty of the latter person to provide that care (e.g. a doctor)
- Tax returns or other official records showing the financial worth of the dead individual to his or her dependents
- Paychecks and other records from work showing how much the person made, allowing you to calculate the potentially lost wages the death represents
To amass all of the right records, in the limited time allotted for you to bring a case, while simultaneously going through the greatest tragedy (or one of the greatest) of your life is no small feat. That’s just one reason why you should consider representation.
Medical Malpractice Death Attorneys
Each year, medical errors cause a significant number of deaths in the United States. According to the law, surviving family members can file a wrongful death lawsuit if they lost a loved one due to the negligence of medical professionals. Compensation can assist greatly in easing the resulting financial burden.
OurIdaho Medical Malpractice Lawyer is well trained, compassionate, and professional to handle these cases until the family gets the justice they deserve.
Get in Touch with Litster Frost Injury Lawyers Today
Here at Litster Frost, our goal is to make your life as easy as possible. If there’s any way we can help you by making a case, we will absolutely do so. First, we will need to look over your documents and speak with you, after which we can determine if there’s a case to be made. Please give us a call at (208) 333-3333 or contact us today, and we’ll move forward. You deserve help with what you’ve been through, and we’ll do anything we can to give it. We take medical malpractice and wrongful death cases all throughout Idaho.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.